General terms and conditions

General terms and conditions

Table of contents

Article 1 – Definitions
Article 2 – Who are we?
Article 3 – Applicability of general terms and conditions
Article 4 – The offer
Article 5 – The agreement
Article 6 – Prices and payments
Article 7 – Right of withdrawal
Article 8 – Invoking the right of withdrawal
Article 9 – Exclusion of the right of withdrawal
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Retention of title
Article 13 – Personal data
Article 14 – Applicable law, complaints and disputes
Appendix I – Model cancellation/revocation form

Article 1 - Definitions

In these general terms and conditions the following terms shall have the following meanings:

1. Entrepreneur: the natural person Rottiers Rafael who offers products, (access to) digital content and/or services remotely to the Consumer;
2. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
3. Custom: the natural or legal person for whom Entrepreneur manages a webshop, which can be used by Custom and to a certain extent adapted for the remote sale of products, digital content and/or services.
4. Agreement: an agreement for the performance of work, deliveries and/or services between the Entrepreneur and the Consumer, which may or may not be concluded within the framework of an organised system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the Agreement exclusive or partial use is made of one or more Techniques for distance communication;
5. Day: calendar day;
6. Reflection period : the period within which the Consumer can make use of his Right of Withdrawal;
7. Right of withdrawal: the possibility for the Consumer to withdraw from the Agreement within the Reflection Period;
8. Model withdrawal form : the European model withdrawal form attached to Appendix I of these terms and conditions that the Entrepreneur makes available for the applicable products or services and that a Consumer can fill in when he or she wishes to exercise his or her Right of Withdrawal;
9. Distance communication technology: the means used to conclude an Agreement, without the Entrepreneur and Consumer being simultaneously present in the same place to conclude the Agreement;

Article 2 - Who are we?

Name: Rottiers Rafael
Trading under the name of www.rafco.be and rafcogreen.be
Address: Kapellestraat 93 B003 2630 Aartselaar
Phone number: 0032477294822
Email address: raf@rafco.be or rafco2627@gmail.com
VAT number: BE0769123292

Article 3 - Applicability of General Terms and Conditions

1. These general terms and conditions apply to all current and future offers, quotations and legal relationships of the Entrepreneur and to every Agreement, delivery and/or service concluded by the Entrepreneur that is made or concluded via the website or other Technology for remote communication.
2. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the Agreement and these terms and conditions will otherwise remain in force. The provision in question will be replaced by a provision that is as close as possible to the original provision and the Agreement.
3. Additional or deviating provisions from these general terms and conditions may not be to the detriment of the Consumer and must be recorded in such a way that the Consumer can store them on an accessible and durable medium.

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer consists of a complete and accurate description of the products and/or services offered. The description is sufficiently detailed so that the Consumer can make a good assessment of the offer. If the Entrepreneur uses images, these are a clear representation of the products. Obvious mistakes or obvious errors that are reasonably recognizable in the offer do not bind the Entrepreneur.
3. Each offer contains sufficient information to make it clear to the Consumer what rights and obligations are associated with accepting the offer.
4. If an offer does not comply with members 1,2 and/or 3 of this article due to adjustments by Custom, Entrepreneur shall not bear any form of responsibility or liability for this offer. Consumer may expressly not recover any damage resulting from a defective offer, in whatever form, from Entrepreneur, but only and exclusively from Custom.

Article 5 - The Agreement

1. The Agreement is concluded at the moment of acceptance of the offer by the Consumer and the fulfillment of the conditions set therein. The Consumer accepts the offer and the associated conditions in any case by going through the ordering process on the website.
2. When the offer has been accepted by the Consumer electronically, the Entrepreneur will confirm receipt of acceptance of the offer electronically as soon as possible. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer may terminate the Agreement.
3. Entrepreneur may – within legal frameworks – find out whether the Consumer can meet his payment obligations, including all those facts and factors that are important for responsibly entering into the Agreement. If Entrepreneur has good reasons not to enter into the Agreement based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
4. Each Agreement is entered into subject to the suspensive conditions of sufficient availability of the relevant products or services.
5. The Consumer must provide the Entrepreneur with all data and documents that are (or may be) relevant to the performance of the Agreement in a timely manner (as far as possible in advance).
6. The Consumer guarantees that the data and facilities provided by or on behalf of the Consumer to the Entrepreneur (also) as referred to in the previous paragraph are correct and complete. The Consumer must ensure timely delivery of these data and facilities.
7. The execution period shall not commence until the Consumer has made this information and facilities available to the Entrepreneur correctly and completely. If this information and/or facilities are not available to the Entrepreneur at any time, the execution period shall be suspended for a period to be determined by the Entrepreneur (at least equal to the delay) and the Entrepreneur shall have the right to recover any resulting damage from the Consumer.

Article 6 - Prices and payments

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
2. By way of exception to the previous paragraph, Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which Entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. The Entrepreneur has the right to implement a price increase within 3 months after the conclusion of the Agreement if the price increase is the result of statutory regulations or provisions.
4. The entrepreneur has the right to implement a price increase from 3 months after the conclusion of the Agreement if this is the result of statutory regulations or provisions. In the event of such a price increase, the Consumer has the authority to terminate the Agreement with effect from the Day on which the price increase takes effect.
5. The prices stated in the offer of products or services are inclusive of VAT, unless expressly stated otherwise.
6. Unless otherwise specified, amounts owed by the Consumer must be paid within 14 Days after the conclusion of the Agreement. In the case of an Agreement to provide a service, this period commences on the Day after the Consumer has received confirmation of the Agreement.
7. If advance payment has been agreed, the Consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
8. The Consumer has the duty to report any inaccuracies in payment details provided or stated to the Entrepreneur immediately or as soon as possible.
9. If the Consumer fails to meet his payment obligation(s) in a timely manner, after the Entrepreneur has informed him of the late payment and the Entrepreneur has granted the Consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the Consumer will owe statutory interest on the amount still owed and the Entrepreneur will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40.

Article 7 – Right of withdrawal
For physical products

1. The Consumer may terminate an agreement regarding the purchase of certain products (see exceptions) for 14 days without giving any reason. The entrepreneur may ask the Consumer for the reason for withdrawal, but the consumer is not obliged to give a reason.
2. The Reflection Period referred to in paragraph 1 commences 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:

a. If the Consumer or a third party has ordered multiple products in one order: the Day commences after receipt of the last product, or; The Entrepreneur may only refuse an order for multiple products with different delivery times if he has clearly informed the Consumer of this prior to the ordering process, or

b. if the delivery of a product consists of different shipments or parts: the Day commences on which the Consumer or third party has received the last shipment or the last part, or

c. in the case of agreements for regular delivery of products during a specific period: the Day commences on which the Consumer, or a third party designated by the Consumer, has received the first product.

For services and digital content not supplied on a tangible medium

1. The Consumer may terminate a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium within 14 Days without giving reasons. The entrepreneur may ask the Consumer for the reason for withdrawal, but the consumer is not obliged to give a reason.
2. The Reflection Period referred to in paragraph 3 commences on the Day following the conclusion of the agreement.

Obligations of the Consumer during the Reflection Period

1. During the Reflection Period, the Consumer is obliged to handle the product and packaging with care. The Consumer will only unpack or use the product to determine the nature, characteristics and functioning of the product. The starting point here is that the Consumer may only use and inspect the product as he would be allowed to do in a store.
2. The entrepreneur may charge the Consumer the costs of any reduction in value of the product that has arisen due to further use than permitted in paragraph 5 and/or offset this against the amount to be refunded.

Article 8 - Invoking the right of withdrawal and costs

1. If the Consumer exercises his Right of Withdrawal, he shall report this to the Entrepreneur within the Reflection Period of 14 Days by means of the Model Withdrawal Form or in another clear manner.
2. The Consumer must return the product to the Entrepreneur as soon as possible or hand it over to (an authorized representative of) the Entrepreneur, and in any case within 14 Days from the Day following the notification referred to in paragraph 1, unless the Entrepreneur himself has offered to collect the products. The Consumer has in any case complied with the return period if he returns the product before the Reflection Period has ended.
3. The Consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lies with the Consumer.
5. If the Consumer revokes after having first expressly requested that the performance of the service commence during the Reflection Period, the Consumer shall owe the Entrepreneur an amount equal to that part of the obligation that has already been fulfilled by the Entrepreneur at the time of revocation, compared with the full fulfilment of the obligation.
6. If the Consumer exercises his Right of Withdrawal, all additional agreements will be terminated by operation of law (automatically).
7. If the Consumer issues a declaration of dissolution electronically via the Entrepreneur's website, the Entrepreneur will send a confirmation of receipt as soon as possible after receiving this notification.
8. If the Consumer returns the entire order, the Entrepreneur will reimburse all payments made by the Consumer, including any delivery costs and administration costs, as soon as possible but at least within 14 Days following the Day on which the Consumer reports the withdrawal. Unless the Entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the Consumer demonstrates that he has returned the product, whichever is earlier.
9. If the Consumer keeps one or more items from the order, the Consumer will only be refunded the costs of the remainder of the order, not the shipping costs or any administration costs.
10. The costs for sending (back) the products to be returned to the Entrepreneur shall be borne by the Consumer.
11. Entrepreneur uses the same payment method for reimbursement that the Consumer used, unless the Consumer agrees to another method. The reimbursement is free of charge for the Consumer.
12. If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 9 - Exclusion of the right of withdrawal

1. The Right of Withdrawal does not apply to products and services that are legally excluded from it. This includes in any case (but is not limited to):

1. Products manufactured according to the Consumer's specifications, which are not assembled and which are manufactured on the basis of an individual choice or decision by the Consumer, or which are clearly intended for a specific person;
2. Products that spoil quickly or have a limited shelf life;
3. Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
4. Products which, after delivery, are by their nature irreversibly mixed with other products;
5. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
6. The supply of digital content other than on a tangible medium, but only if:

• the performance has begun with the express prior consent of the Consumer; and
• the Consumer has declared that he thereby loses his Right of Withdrawal.

1. Service agreements, after full performance of the service, but only if:

• the performance has begun with the express prior consent of the Consumer; and
• the Consumer has declared that he will lose his Right of Withdrawal once the Entrepreneur has fully performed the agreement;

1. Products or services whose price is subject to fluctuations in the financial market over which the Entrepreneur has no influence and which may occur within the withdrawal period;

Article 10 - Conformity and warranty

1. The products and/or services provided by Entrepreneur to Consumer comply with the Agreement. This is a legal guarantee (also called 'legal guarantee').
2. An additional guarantee provided by the Entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the Consumer can assert against the Entrepreneur under the Agreement if the latter has failed to fulfil its part of the Agreement.
3. An additional guarantee is understood to mean any obligation of the Entrepreneur, its supplier, importer or manufacturer in which it grants the Consumer certain rights or claims that go beyond what it is legally obliged to do in the event that the Entrepreneur has failed to fulfil its part of the Agreement.
4. If, in addition to the statutory warranty, there is a factory warranty from the manufacturer or supplier, the Consumer will find this in the documentation accompanying the product.
5. The entrepreneur cannot guarantee that the representation of the products as shown on the website will in all cases exactly match the products delivered.

Article 11 - Delivery and execution

1. The place of delivery is the address that the Consumer has provided to the Entrepreneur.
2. The Entrepreneur will execute the Agreement as soon as possible, but no later than within 30 Days, unless a different delivery period has been agreed.
3. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the Consumer will 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 without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the Entrepreneur will refund the amount paid by the Consumer as soon as possible.
5. The risk of damage and/or loss of products lies with the Entrepreneur until the moment of delivery to the Consumer or a previously designated representative made known to the Entrepreneur, unless expressly agreed otherwise.

Article 12 – Retention of title

1. As long as the Consumer has not yet made full payment for the entire agreed amount (for example, but not exclusively, in the case of deferred payment), all products and services delivered and to be delivered remain the property of the Entrepreneur.

Article 13 – Personal data

1. Entrepreneur processes the personal data of Consumer in accordance with the privacy and cookie statement published on the website.

Article 14 - Applicable law, complaints and disputes

1. All Agreements and disputes with the Entrepreneur are exclusively governed by Belgian law.
2. The Consumer can submit any complaints to Webshop by sending an email to rafco2627@gmail.com
3. Complaints about the performance of the Agreement must be submitted to the Entrepreneur within a reasonable time after the Consumer has discovered the defects, fully and clearly described.
4. Complaints that appear to relate to or as a result of information changed by Custom, will be referred by Entrepreneur to Custom. Entrepreneur bears no form of responsibility or liability for information changed by Custom.
5. Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint clearly requires a longer processing time, the Entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the Consumer can expect a more detailed answer.
6. In the event of a dispute arising from the Agreement, the court in the place of establishment of the Entrepreneur shall have jurisdiction to hear this. The Consumer has the option to choose, within one month after the Entrepreneur invokes the jurisdiction of the relevant court, to have the dispute settled by the court competent according to the law.
7. In addition, it is also possible for consumers in the European Union to file complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/consumers/odr/ . ODR stands for Online Dispute Resolution.