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Terms & Conditions

Index:

Article 1 – Definitions

Artricle 2 – Indentity of the seller

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal (cool down period)

Article 7 – Obligations of the customer during the cool down period

Article 8 – The execution of the right to withdraw and applicable costs

Article 9 – Obligations of the seller with withdrawal

Article 10 – excludions of the right of withdrawal

Article 11 – The price

Article 12 – Compliance and extra warranty

Article 13 – Execution and delivery

Article 14 – Payment

Article 15 – Complaints procedure

Article 16 – GDPR / AVG

Article 17 – Additional or deviant provisions

Article 18 – Applicable law and disputes

 

Article 1 – Definitions

The following definitions apply in these conditions:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied by the seller or by a third party on the basis of an agreement between that third party and the seller;
  2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
  4. Day: Calender day
  5. Digital content: data that is produced and delivered in digital form
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  7. Sustainable data carrier: any tool - including e-mail - that enables the consumer or seller to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
  9. Seller: the natural or legal person who offers products, (access to) digital content and / or services to consumers remotely;
  10. Distance agreement: an agreement that is concluded between the seller and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby, up to and including the conclusion of the agreement, exclusive or joint use was made becomes of one or more techniques for distance communication;
  11. Model form for cancellation: the European model form for cancellation included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
  12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and seller having to come together in the same room at the same time.

Article 2 – Identity of the seller

Willebrick.store
Legal Company Name: Geeraard Hens
Emiel Vanderveldestraat 40
2830 Willebroek
België

Phone number: +32 486 98 51 23 (monday ‘till saturday between 10:00 tot 21:00)
E-mailaddress: shop@usedgear.be
VAT Identification number: BE0875.636.420

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the seller and to every distance contract concluded between the seller and the consumer;
  2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the seller will indicate before the distance contract is concluded, where the general conditions can be viewed and that they will be sent free of charge as soon as possible at the request of the consumer;
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can store them in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions the consumer can always invoke the applicable provision that is most favorable to him.

Article 4 – The offer

  1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer;
  2. The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the seller uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the seller;
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

  1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions;
  2. If the consumer has accepted the offer electronically, the seller will immediately confirm receipt of the acceptance of the offer electronically. As long as the selles has not confirmed receipt of this acceptance, the consumer can terminate the agreement;
  3. If the agreement is concluded electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the seller will take appropriate security measures;
  4. The seller can - within the law - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the seller has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution of the agreement;
  5. The seller will send the following information to the consumer at the latest on delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium;
    1. the visiting address of the establishment of the seller where the consumer can go with complaints;
    2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. the information about guarantees and existing service after purchase;
    4. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement;
    5. if the consumer has a right of withdrawal, the model form for withdrawal;

Article 6 – Right of withdrawal (cool down period)

With products:

  1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The seller may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s);
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
    1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The seller may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order for several products with different delivery times.
    2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
    3. for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product;

For services and digital content that is not supplied on a tangible medium:

  1. The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The seller may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s);
  2. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement;

Extended cooling-off period for products, services and digital content that has not been supplied on a tangible medium if the right of withdrawal is not informed:

  1. If the seller has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period ends twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article;
  2. If the seller has provided the consumer with the information referred to in the previous paragraph within twelve months of the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information

Article 7 – Obligations of the customer during the cool down period

  1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store;
  2. The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1;
  3. The consumer is not liable for value reduction of the product if the seller has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – The execution of the right to withdraw and applicable costs

  1. If the consumer makes use of his right of withdrawal, he must report this to the seller within the cooling-off period by means of the model withdrawal form or in another unambiguous manner;
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back or hands it to (an agent of) the seller. This is not necessary if the seller has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired;
  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the seller;
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer;
  5. The consumer bears the direct costs of returning the product. If the seller has not reported that the consumer must bear these costs or if the seller indicates to bear the costs himself, the consumer does not have to bear the costs for return;
  6. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
    1. prior to delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the consideration period;
    2. he has not acknowledged that he has lost his right of withdrawal when granting his permission, or;
    3. the entrepreneur has failed to confirm this statement from the consumer;
  7. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the seller with withdrawal

  1. If the seller makes it possible for the consumer to withdraw electronically, he will immediately send a confirmation of receipt upon receipt of this notification;
  2. The seller reimburses all payments made by the consumer, including any delivery costs charged by the seller for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the seller offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has sent back the product, whichever is the earlier;
  3. The seller uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer;
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the seller does not have to repay the additional costs for the more expensive method.

Article 10 – excludions of the right of withdrawal

The seller can exclude the following products and services from the right of withdrawal, but only if the seller clearly stated this in the offer, at least in time for the conclusion of the agreement:

  1. Products or services whose price depends on fluctuations in the financial market over which the seller has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and / or services are offered by the seller to the consumer who is present in person or who is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
  3. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  4. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
  5. Newspapers, magazines or magazines, with the exception of subscriptions to them;
  6. The delivery of digital content other than on a material medium, but only if:
    1. the performance has begun with the express prior consent of the consumer; and
    2. the consumer has stated that he thereby loses his right of withdrawal.

Article 11 – The price

  1. During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes as a result of changes in VAT rates;
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer;
  3. The prices stated in the range of products or services include VAT if they are marked as New, or free of VAT if they are “margin products”.

Article 12 – Compliance and extra warranty

  1. The seller 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 existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the seller also guarantees that the product is suitable for other than normal use;
  2. An extra guarantee provided by the seller, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the trader on the basis of the agreement if the seller has failed to fulfill his part of the agreement;
  3. An extra guarantee is understood to mean any commitment of the seller, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement;

Article 13 – Execution and delivery

  1. The seller will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services;
  2. The place of delivery is the address that the consumer has made known to the seller;
  3. With due observance of what is stated about this in Article 4 of these general terms and conditions, the seller will execute accepted orders with due speed, though at the latest within 30 days, unless another delivery period has been agreed. 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 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation;
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid;
  5. The risk of damage and / or loss of products rests with the seller until the moment of delivery to the consumer or a representative designated in advance and made known to the seller, unless explicitly agreed otherwise.

Article 14 – Payment

  1. Seller can only accept payment via the payment modules on seller’s website for online orders;
  2. In order to guarantee secure online payments and the security of your personal data, the transaction data is transmitted via the internet, encrypted with SSL technology. To pay with SSL, you do not need special software. You can recognize a secure SSL connection by the "lock" in your browser's status bar.

Article 15 – Complaints procedure

  1. The seller has a well-publicized complaints and deals with complaints under this procedure;
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the seller within a reasonable time after the consumer has discovered the defects;
  3. Complaints submitted to the seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer;
  4. The consumer must at least give the seller 4 weeks to resolve the complaint in mutual consultation. After this period a dispute will arise that is subject to the dispute settlement procedure.

Article 16 – GDPR / AVG

The Privacy Policy for Visitors applies to everyone who visits the www.willebrick.store website

  1. Management:
    1. The website www.willebroek.store is managed by Geeraard Hens. The contact details can be found on the aforementioned website.
  2. Visitor Data:
    1. Some data resulting from one or more visits to www.willebrick.store are kept permanently, but anonymously. The data will therefore never be traceable to a person or organization.
    2. Willebrick.store ensures proper protection of the stored data
  3. Cookies:
    1. willebrick.store uses functional cookies to optimize the functionality of certain pages of the website. Cookies are small text files that are placed by a page of the website on the visitor's computer. In such a cookie information is stored such as certain preferences of the visitor. As a result, willebrick.store can be of even better service to the visitor on a subsequent visit, for example through the domain names that the visitor has checked and saved. Or the contents of the shopping cart. You do not have to enter the same information every time. This makes the site much more user-friendly;
    2. The visitor can decide for himself how cookies should be handled. He or she can set his browser in such a way that it allows, does not allow or partially allows the use of functional cookies. In the latter case, you can set which websites are allowed to place functional cookies. All other websites will then be banned. This option is provided by the most common modern browsers;
    3. Cookies can always be deleted from a computer, again via the browser;
    4. Willebrick.store does not use marketing cookies and does not share data with other websites;
    5. Willebrick.store uses Analytics cookies that process not the surfing behavior of individuals but of large numbers of visitors - anonymized - into graphs and patterns that help us improve and optimize our websites
  4. Questions:
    1. Visitors can go to the contact page of willebrick.store with their questions about this Privacy Policy. The contact details are stated on the website mentioned in paragraph 1 of this Privacy Policy.
  5. Disclaimer:

Willebrick.store is entitled to change the content of the Privacy Policy without the visitor being informed. Implementing the change on the website is sufficient for this.
The Privacy Policy for Customers is a supplement to the Privacy Policy for Visitors and applies to anyone who places an order with willebrick.store

  1. Data provided by the customer

Willebrick.store can use the data provided by the customer for the following purposes:

  1. processing the order;
  2. Sending one or more emails that relate to the order, such as, but not limited to, an email that contains login details;
  3. (Occasionally) bringing a product, tip, handiness, etc. to the attention of which willebrick.store thinks it can contribute to a more successful website for the customer;
  1. Provide data to third parties

Data provided to Willebrick.store by the customer will never be passed on to third parties. However, there are two exceptions to this rule:

  1. When a court order has been issued to provide data
  1. Security
  1. The data provided by the customer to willebrick.store is stored in a secure environment
  1. Adjustment of customer data
  1. The customer has the option to change the information provided at any time. In such a case, willebrick.store may ask the customer to pass on the change in a manner prescribed by willebrick.store and in some cases identification may be required.
  1. The right to be forgotten
  1. The customer can ask willebrick.store to be forgotten, so that all your data is removed from our website, and your account is also deleted.

Article 17 – Additional or deviant provisions

Additional or deviating provisions from these general 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 can be stored in an accessible manner on a durable medium by the consumer.

Article 18 – Applicable law and disputes

  1. All legal relationships to which willebrick.store is a party are exclusively governed by Belgian law, even if an obligation is fully or partially implemented abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
  2. The judge in the district of Antwerp, Belgium, has exclusive jurisdiction to hear disputes, unless the law requires otherwise. Nevertheless, willebrick.store has the right to submit the dispute to the competent court according to the law.
  3. Parties will first appeal to the courts after they have made every effort to settle a dispute in mutual consultation

 

Annex I: Model form for withdrawal

(only complete and return this form if you wish to withdraw from the contract)

To:
Willebrick.store
Emiel Vanderveldestraat 40
2830 Willebroek
Belgium
shop@usedgear.be

I / We * hereby inform you that I / we * are regarding our agreement

the sale of the following products: ........................................... ...................…

the delivery of the following digital content: .......................................... ...........…

revoked / revoked *

Ordered on * / received on *: .......................................... ........................................…

Name :…………………………………………………………………………………..

Address:…………………………………………………………………………………

Signature (only when this form is submitted on paper):

 

 

…………………………………………………………………………….

* Delete what does not apply or enter what applies.