General Terms and Conditions
Table of Contents
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 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes
Article 15 - Additional or deviating provisions
Article 16 - Return Policy (extra)
Article 1 - Definitions
In these General Terms and Conditions, the following definitions apply:
"Voor Autisme vzw" (npo) is the entrepreneur.
Reflection period: the period during which the consumer can make use of his right of withdrawal. Read all about the reflection period.
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
Day: calendar day
Long-term transaction: a distance agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any medium that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period.
Model form: the model withdrawal form made available by the entrepreneur which a consumer can fill in when he wishes to exercise his right of withdrawal.Distance agreement: an agreement whereby, in the context of a system organised by the entrepreneur for distance selling of products and/or services, only one or more techniques for distance communication up to and including the conclusion of the agreement are used;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same space at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Service: editing on demand
Article 2 - Identity of the entrepreneur
Voor Autisme vzw
Haachtstraat 9
2600 Berchem
Belgium
info@4autism.be
VAT: BE0700305653
No physical store
Article 3 - Applicability
These General Terms and Conditions apply to every offer from the entrepreneur and to every distance agreement concluded and orders placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of the General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the General Terms and Conditions can be inspected electronically and that they will be sent to the consumer free of charge upon request by electronic means or in another way.
In the event that in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
If one or more provisions in these General Terms and Conditions are wholly or partially void or destroyed at any time, the agreement and these conditions shall remain in force for the rest and the provision concerned shall be replaced immediately by mutual agreement by a provision that approaches the purpose of the original as closely as possible.
Situations not regulated in these General Terms and Conditions shall be assessed 'in the spirit' of these General Terms and Conditions.
Uncertainties about the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted 'in the spirit' of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt 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 true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, data in the offer are indicative and cannot lead to compensation or termination of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
This concerns in particular:
- the product price including taxes;
- any delivery costs;
- the way in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication used;
- whether the agreement is archived after it is concluded, and if so, how it can be consulted by the consumer;
- the way in which the consumer can check the data provided by him under the agreement and, if desired, restore it before the agreement is concluded;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the event of a long-term transaction.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
The entrepreneur will 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 data carrier:
- the visiting address of the entrepreneur's business location where the consumer can contact complaints;
- 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;
- information about warranties and existing after-sales service;
- the price including all taxes on the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance agreement;
- if the consumer has a right of withdrawal, the model withdrawal form is given.
In the case of a long-term transaction, the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
With products:
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This reflection period starts on the day following receipt of the product by the consumer or a representative designated by him in advance 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.
With services:
When providing services, the consumer has the option to dissolve the agreement without giving any reason, starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur at the offer or ultimately upon delivery.
Also read Article 16 - Return Policy (extended).
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of returning.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 21 days after withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly of a personal nature;
- that cannot be returned due to their nature;
- that quickly deteriorate or age;
- whose price depends on fluctuations in the financial market over which the entrepreneur has no influence.
Exclusion of the right of withdrawal is only possible for services:
- the delivery of which has started with the express consent of the consumer before the cooling-off period has expired.
Article 9 - The price
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates and shipping costs.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This bondage is subject to the condition that the fluctuations and the fact that any price mentioned are target prices are stated in the offer.
The prices mentioned in the range of products or services are inclusive of VAT at the checkout.
Article 10 - Conformity and guarantee
The entrepreneur guarantees that the products and/or services meet 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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer, under the agreement, can assert against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 3 days of delivery. Return of the products must be in the original packaging and in new condition.
The warranty period of the entrepreneur 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.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The estimated delivery dates are indicative and do not constitute a guarantee. For high volumes, complex formats, certain countries, or special circumstances delivery times might vary.
The place of delivery is deemed to be the address that the consumer makes known to the entrepreneur.
Subject to what is stated in article 4 of these General Terms and Conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and announced to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Payment
You can pay for your order in various ways. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the General Terms and Conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer is obliged to report inaccuracies in the payment details provided or stated without delay to the entrepreneur.
If the consumer does not meet his payment obligation(s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500, and 5% over the next € 5,000, with a minimum of € 60. The entrepreneur can deviate from the amounts and percentages mentioned for the benefit of the consumer.
Article 13 - Complaints procedure
The entrepreneur has a well-publicised complaints procedure and deals with complaints under this complaint procedure:
Send an e-mail to the entrepreneur.
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, it becomes a dispute that is subject to the dispute settlement procedure.
Article 14 - Disputes
Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply are subject exclusively to Belgian law.
In the event of any dispute whatsoever even if the consumer is domiciled abroad, the courts of Antwerp shall have exclusive jurisdiction.
The Vienna Sales Convention does not apply.
Article 15 - Additional or deviating provisions
Additional provisions of and/or provisions deviating from these Vienna Sales Convention 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 by the consumer in an accessible manner on a durable data carrier.
Article 16 - Return Policy (extended)
It may happen that you want to return an order. Whatever the reason, you have the right to cancel your order up to 14 days after receiving it without giving any reason.
After cancellation, you have another 14 days to return the product. You will then be refunded the full order amount, including shipping costs. Only the costs for return shipping from your home to the webshop are at your expense. Please check the exact rates on your carrier's website. If you make use of your right of withdrawal, the product with all supplied accessories, and if reasonably possible, in the original condition and packaging, will be returned to the entrepreneur. To exercise this right, you can contact us via info@4autism.be. We will then refund the due amount within 21 days after registering your return, provided the product has already been received in good order.
If the product is damaged or the packaging is more damaged than is necessary to try the product, we may pass on this depreciation of the product to you. Therefore, handle the product with care and make sure it is well packaged when returning it.
Product Exchange
Do you want to exchange your product? No problem at all. You can contact us via info@4autisme.be for this. However, you bear the costs for the return shipment and VAT of the product yourself. If the exchange poduct is at a higher cost, the consumer must pay the difference to the entrepreneur.
I've Provided a Wrong Delivery Address!
Have you accidentally provided a wrong delivery address? Then please contact us as soon as possible via info@4autism.be. We will try to change the order for you.
Reviews from real customers
We think it's important that reviews provide the best possible impression of our products and service. Our reviews are therefore impartially managed by "Voor Autisme vzw". Our customers are not rewarded for writing reviews. No discounts or other gifts are given.
Delivery Shipping Costs
The prices stated do not include shipping costs. All countries the entrepreneur has in his market portfolio can have other shipping and delivery costs.
Contact
We do our utmost best for you as a customer. This also means that you can easily contact us. If you have any questions about anything, you can reach us using the following details as mentioned in article 2.
Complaints
For consumers in the EU, it is also possible to submit complaints via the European Commission's ODR platform. This ODR platform can be found at this link.
If your complaint is not already being handled elsewhere, you are free to deposit your complaint via the platform of the European Union mentioned above.