Definitions
In these terms, the following definitions apply:
- Supplementary agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are delivered by the reseller or by a third party based on an arrangement between that third party and the reseller;
- Consideration time: the period within which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity;
- Day: calendar day;
- Digital content: data that is produced and delivered in digital form ;
- Duration of agreement: a contract that provides for the regular delivery of goods, services, and/or digital content over a specified period;
- Sustainable data carrier: any tool – including e-mail – that enables the consumer or reseller to store information that is personally addressed to them in a way that allows for future consultation or use over a period that is aligned with the purpose for which the information is intended, and that allows for unchanged reproduction of the stored information;
- Right of Withdrawal: the consumer's ability to withdraw from the distance contract within the reflection period;
- Reseller: the natural or legal person who is a member of Webshop 3DSupplies.be and offers products, (access to) digital content and/or services remotely to consumers;
- Distance contract: an agreement concluded between the reseller and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusively or partly one or more techniques for distance communication are used up to and including the conclusion of the agreement;
- Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
- Remote communication technology: means that can be used to conclude an agreement without the consumer and the reseller having to be simultaneously present in the same space;
Identity of the reseller
3DSupplies.be
Trade name of (company):
Orotec vof
Stationsstraat 12
2830 Willebroek
België
Phone:: +32 477 60 90 54
email: info@3dsupplies.be
VAT number: BE 0833.152.596
Bank account number:
BE55 7310 1591 4944 - KREDBEBB
Account holder: OROTEC VOF
Applicability
- These general terms and conditions apply to every offer made by the reseller and to every distance contract concluded between the reseller 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, the reseller shall, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the reseller's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance contract is concluded electronically, notwithstanding the preceding 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 manner that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request.
- In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him.
The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the reseller 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 reseller.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.
The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
2. If the consumer has accepted the offer electronically, the reseller shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the reseller, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the reseller shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the reseller shall take appropriate security measures for that purpose.
4. The reseller may – within legal frameworks – ascertain whether the consumer is able to meet his payment obligations, as well as all those facts and factors that are relevant for responsibly entering into the distance contract. If, on the basis of this investigation, the reseller has good grounds not to enter into the agreement, he is entitled to refuse an order or application with justification or to attach special conditions to its execution.
5. The reseller shall, at the latest upon delivery of the product, service or digital content to the consumer, provide the following information in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable data carrier:
5a. the visiting address of the establishment of the reseller where the consumer can submit complaints;
5b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
5c. information regarding warranties and existing after-purchase service;
5d. the price, including all taxes, of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
5e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
5f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Right of withdrawal
For products:
1. The consumer may terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The reseller may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
2a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The reseller may refuse an order of multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
2b. 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, received the last shipment or the last part;
2c. in the case of agreements for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, received the first product.
Extended cooling-off period for products, services, and digital content not delivered on a physical medium if the right of withdrawal is not communicated:
3. If the reseller has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period established in accordance with the preceding paragraphs of this article.
4. If the reseller has provided the consumer with the information referred to in the preceding paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.
Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The 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 any decrease in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any decrease in the value of the product if the reseller has not provided him with all legally required information regarding the right of withdrawal before or at the time of concluding the agreement.
Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall notify the reseller 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 shall return the product or hand it over to (an authorized representative of) the reseller. This is not necessary if the reseller has offered to collect the product himself. The consumer shall in any event be deemed to have complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the reseller.
4. The risk and the burden of proof for the proper 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 reseller has not stated that the consumer must bear these costs, or if the reseller indicates that they will bear the costs themselves, the consumer is not required to bear the costs of return.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity which has not been made ready for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer owes the reseller an amount proportionate to that part of the obligation that has been fulfilled by the reseller at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the reseller has not provided the consumer with the legally required information regarding the right of withdrawal, the reimbursement of costs upon withdrawal or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
8. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. he has not expressly agreed, prior to delivery thereof, to the commencement of the performance of the agreement before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal upon giving his consent; or
c. the reseller has failed to confirm this statement by the consumer.
9. If the consumer exercises his right of withdrawal, all supplementary agreements shall be dissolved by operation of law.
Obligations of the reseller upon withdrawal
1. If the reseller enables the consumer to submit a notification of withdrawal electronically, he shall send an acknowledgment of receipt without delay after receiving this notification.
2. The reseller shall reimburse all payments made by the consumer, including any delivery costs charged by the reseller for the returned product, without undue delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the reseller 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 occurs first.
3. The reseller shall use the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the reseller is not required to refund the additional costs for the more expensive method.
Exclusion of the right of withdrawal
The reseller may exclude the following products and services from the right of withdrawal, but only if the reseller has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations on the financial market over which the reseller has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the reseller to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has commenced with the express prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as the reseller has fully performed the agreement;
4. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
5. Agreements relating to leisure activities, if the agreement provides for a specific date or period for their performance;
6. Products manufactured according to consumer 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;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products which, after delivery, are irrevocably mixed with other products due to their nature;
10. Alcoholic beverages the price of which was agreed at the time of concluding the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the reseller has no influence;
11. Sealed audio and video recordings and computer software, the seal of which has been broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13. The supply of digital content other than on a tangible medium, but only if:
a. the performance has commenced with the express prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
The price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the preceding paragraph, the reseller may offer products or services whose prices are subject to fluctuations on the financial market and over which the reseller has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the reseller has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Fulfillment of agreement and additional warranty
1. The reseller guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the reseller also guarantees that the product is suitable for use other than normal use.
2. An additional guarantee provided by the reseller, his supplier, manufacturer, or importer shall never limit the statutory rights and claims that the consumer may assert against the reseller under the agreement if the reseller has failed to fulfill his part of the agreement.
3. An additional guarantee means any obligation of the reseller , his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.
Delivery and execution
1. The reseller shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to the reseller .
3. Subject to what is stated regarding this in Article 4 of these General Terms and Conditions, the reseller shall execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed at all or only partially, the consumer shall be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation for damages.
4. After dissolution in accordance with the previous paragraph, the reseller shall immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the reseller until the moment of delivery to the consumer or a previously designated representative known to the reseller , unless expressly agreed otherwise.
Transactions: duration, termination and renewal
Cancellation:
1. The consumer may terminate an agreement entered into for an indefinite period and 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 at most one month.
2. The consumer may terminate an agreement entered into for a fixed period and 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 at most one month.
3. The consumer may the agreements mentioned in the previous paragraphs:
to cancel at any time and not be limited to cancellation at a specific time or during a specific period;
at least terminate in the same manner as they were entered into by him;
Always terminate with the same notice period as the reseller has stipulated for himself.
Extension:
4. An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5. Notwithstanding the preceding paragraph, an agreement entered into for a fixed term and intended for the regular delivery of daily newspapers, weekly newspapers and periodicals may be tacitly renewed for a fixed period of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension period with a notice period of at most one month.
6. An agreement entered into for a fixed period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is entitled to terminate the agreement at any time with a notice period of at most one month. The notice period shall be at most three months in the event that the agreement is intended for the regular, but less than once a month, delivery of daily papers, news magazines, weekly papers, and periodicals.
7. An agreement of limited duration for the regular delivery of daily newspapers, news magazines, weekly newspapers, and periodicals for introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall terminate automatically upon the end of the trial or introductory period.
Duration:
8. 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 at most one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Payment
1. Unless otherwise provided in the agreement or supplementary conditions, the amounts due from the consumer must be paid within 7 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 7 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the reseller without delay.
3. If the consumer fails to meet his payment obligation(s) in a timely manner, he shall, after having been notified by the reseller of the late payment and after the reseller has granted the consumer a period of 14 days to still fulfill his payment obligations, and after failure to pay within this 14-day period, owe statutory interest on the outstanding amount and the reseller is 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 subsequent € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The reseller may deviate from the aforementioned amounts and percentages in favor of the consumer.
Complaints procedure
1. The reseller has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints regarding the performance of the agreement must be submitted to the reseller in full and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the reseller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the reseller will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
Disputes
1. Agreements between the reseller and the consumer to which these general terms and conditions apply are governed exclusively by Belgian law.
2. Disputes between the consumer and the reseller regarding the conclusion or execution of agreements relating to products and services to be delivered or delivered by this reseller, can be submitted to the court by both the consumer and the reseller, with due observance of the provisions below.
Additional or deviating provisions
Provisions supplementing or deviating 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 manner that they can be stored by the consumer in an accessible manner on a durable data carrier.