Terms and conditions

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Continuing Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that makes future consultation and unaltered reproduction of the stored information possible;
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the standard withdrawal form provided by the entrepreneur which a consumer may complete if they wish to exercise their right of withdrawal;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: a contract concluded in the framework of an organized system by the entrepreneur for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: a medium that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same place;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Name of the entrepreneur: Stijn De Vos
Registered address: Baron Van Loolaan 8c, 9940 Evergem
Telephone number: 09 273 97 56
Email address: info@vostables.be
Company registration number (KvK): 0738.796.540
VAT identification number: BE0738.796.540

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the Terms and Conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these Terms and Conditions may, by way of derogation from the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, the consumer shall be informed where the Terms and Conditions can be accessed electronically and that they will be sent to them, free of charge, electronically or otherwise, upon request.

In the event that, in addition to these General Terms and Conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision most favorable to them.

If one or more provisions of these General Terms and Conditions are found to be null and void or are annulled, the remaining provisions of the agreement and these Terms and Conditions shall remain in force, and the relevant provision shall be replaced immediately by mutual agreement with a provision that approximates the original intent as closely as possible.

Situations not covered by these General Terms and Conditions shall be evaluated ‘in the spirit’ of these Terms and Conditions.
Ambiguities about the interpretation or content of one or more provisions shall be interpreted ‘in the spirit’ of these Terms and Conditions.

Article 4 – The Offer

If an offer is subject to a limited period of validity or conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to modify or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed will exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:

the price, including taxes;
any possible delivery costs;
the manner in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the rate for distance communication if the costs of using the communication technique differ from the basic rate;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data they have provided;
any other languages in which, besides Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes electronically; and
the minimum duration of the distance contract in the case of a continuing transaction.
Optional: available sizes, colors, and materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the relevant conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as this confirmation has not been received by the consumer, they may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can make an electronic payment, the entrepreneur shall take appropriate security measures to that end.

The entrepreneur may, within legal limits, obtain information about whether the consumer can meet their payment obligations, as well as about all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its execution.

The entrepreneur shall send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, together with the product or service:
a. the physical address of the entrepreneur’s business where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of this right;
c. information about existing warranties and after-sales service;
d. the data referred to in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before performance of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the previous paragraph shall apply only to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Upon delivery of products:
When purchasing products, the consumer has the right to dissolve the agreement without stating any reason within 14 days. This reflection period commences on the day following the receipt of the product by the consumer or by a representative previously designated by the consumer and made known to the entrepreneur.

During the reflection period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. If the consumer exercises the right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The consumer must do so using the standard withdrawal form. After notifying their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example, by means of proof of dispatch.

If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer has not notified their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur, the purchase becomes final.

Upon delivery of services:
When services are supplied, the consumer has the right to dissolve the agreement without stating any reason for at least 14 days, starting from the day the agreement was concluded.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the maximum cost that may be charged to the consumer shall be the cost of returning the goods.

If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the returned product has already been received by the entrepreneur or that conclusive proof of the complete return can be provided.

Refunds shall be made using the same payment method the consumer used, unless the consumer expressly agrees to another method.

If the product has been damaged due to careless handling by the consumer, the consumer shall be liable for any depreciation in value of the product.

The consumer cannot be held liable for depreciation of the product if the entrepreneur has failed to provide all legally required information regarding the right of withdrawal, which must be done prior to the conclusion of the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for the products and services specified in paragraphs 2 and 3.
Exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, or at least prior to the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:
a. produced according to the consumer’s specifications;
b. that are clearly personal in nature;
c. which, due to their nature, cannot be returned;
d. that can spoil or age rapidly;
e. whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;
f. such as individual newspapers and magazines;
g. audio and video recordings or computer software whose seal has been broken by the consumer;
h. hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
b. whose performance has begun with the consumer’s express consent before the end of the reflection period;
c. concerning betting and lotteries.

Article 9 – Price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control, at variable prices. This link to fluctuations and the fact that any prices stated are guide prices will be mentioned in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
Price increases occurring more than 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. such increases result from legal regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the date the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typographical errors or webshop bugs. No liability shall be accepted for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur shall never be responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or handled carelessly, or used contrary to the instructions of the entrepreneur and/or on the packaging;
the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery shall be the address that the consumer has made known to the entrepreneur.

Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.

In the event of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. No later than at the time of delivery, it shall be clearly stated that a replacement item is being supplied. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative previously designated by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period, which provides for the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed period, which provides for the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may:

terminate the agreements mentioned above at any time and not be restricted to termination at a specific time or during a specific period;
terminate at least in the same way as they were concluded;
always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or no more than three months in the case of an agreement providing for delivery less frequently than once a month of daily, news, and weekly newspapers and magazines.

A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines as an introductory or trial subscription shall not be tacitly continued and shall end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless termination before the end of the agreed term would be unreasonable or inequitable.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer has received confirmation of the agreement.

The consumer has the obligation to promptly report any inaccuracies in the payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the consumer reasonable costs previously made known to them.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A consumer must first submit a complaint to the entrepreneur. It is also possible to submit complaints via the European Online Dispute Resolution (ODR) platform at http://ec.europa.eu/odr.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or deviations from these General Terms and Conditions may not be to the detriment of the consumer and must be set down in writing or recorded in such a way that the consumer can store them in an accessible manner on a durable medium.