Article 6 – Right of withdrawal
On delivery of products:
- When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepeneur within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
- If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal and has not returned the product to the entrepreneur, the purchase is a fact.
On delivery of services:
- When providing services, the consumer has the option to dissolve the agreement without stating reasons during at least 14 days, commencing on the day of the entering into the agreement.
- To make use of his right of withdrawal, the consumer will oblige to the reasonable and clear instructions provided by the entrepreneur in the offer and / or at delivery.
Article 7 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the costs of return will be for his account.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the entrepeneur or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method that the consumer has been used unless the consumer expressly gives permission for another payment method.
- If the product is damaged due to careless handling by the consumer, the consumer is liable for any loss in value of the product.
- The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal.
Article 8 – Exclusion right of withdrawal
- The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3.
- Exclusion of the right of withdrawal is only possible for products:
- created by the entrepreneur in accordance with the consumer’s specifications;
- which are clearly personal in nature;
- which by their nature cannot be returned;
- which can spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal.
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which has started with the express consent of the consumer before the reflection period has expired;
- regarding bets and lotteries.
Article 9 – The price
- During the validity period stated in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur may sell products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- they are the result of legal regulations or provisions; or
- the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to 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 existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for 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 have against the entrepeneur under the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be made in the original packaging and in new condition.
- The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never 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 himself or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging being treated;
- The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the applied materials.
Article 11 – Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications to provide services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with a delivery time between 5 and 10 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 10 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
- If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and entrepreneur announced representative, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Duration, Cancellation and Renewal
- The consumer that has an agreement which has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, may cancel at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer that has an agreement which has been entered into for an definite period of time and which extends to the regular delivery of products (including electricity) or services, may cancel at any time by the end of the fixed term with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can use the agreements mentioned in the previous paragraphs to:
- cancel at any time and not be limited to cancellation at any time or period;
- at least cancel in the same way as they entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
- An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be implied extended or renewed for a specified duration.
- Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines are tacitly renewed for a fixed period of a maximum of three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of at most one month.
- A contract that has been entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. .
- An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
- 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 maximum notice period one month’s notice, unless reasonableness and fairness oppose cancellation before the end of the agreed term.
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 as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
- The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months, after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
- In case of complaints, a consumer should first turn to the entrepreneur. Also it is possible to register complaints via the European ODR platform (http://ec.europa.eu/odr) .
- A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
- On agreements between the entrepreneur and the consumer to which these terms and conditions apply, only Belgian law applies. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions
Additional provisions or provisions that deviate from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they are accessible by the consumer.
Model withdrawal form
(only complete and return this form if you wish to revoke the agreement)
VAT: BE 0784.796.910
ADDRESS: Bisschoppenhoflaan 641, 2100 Antwerpen, Belgium
WEBSITE: www.baikushop. be
PHONE NUMBER: +32 476 50 29 00
I/We (*) hereby give notice that I/we (*) have revoked our agreement regarding the sale of the following goods/delivery of the following service:
— Ordered at (DD-MM-YYYY) :
— Order number :
— Received on (DD-MM-YYYY):
— Name(s) consumer(s)
— Address consumer(s) :
— IBAN Account number:
— Signature of consumer(s) (only when this form is submitted on paper)
(*) Strike out as appropriate.