ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions shall apply:
Grace period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: a contract for the regular supply of goods, services and/or digital content for a defined period of time;
Right of withdrawal: the consumer’s option to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers from a distance;
Distance contract:a contract concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the contract, sole or joint use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to come together in the same room at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Entrya Technologies BVBA
Reachability: from Monday to Thursday 8.30am to 5pm and on Friday from 8.30am to 3pm with the exception of public holidays and collective leave.
E-mail address: firstname.lastname@example.org
ARTICLE 3 – APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the remote agreement is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
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 can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him.
ARTICLE 4 – THE OFFER
If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
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
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the accompanying conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. 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 shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will, at the latest when delivering the product, service or digital content to the consumer, send the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
- the e-mail address of the establishment of the entrepreneur to which the consumer can address complaints;
- the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
- the information on guarantees and existing after-sales services;
- 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 performance of the distance contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the return form for withdrawal.
ARTICLE 6 – RIGHT OF WITHDRAWAL
This provision applies exclusively to distance sales to consumers. A consumer is any natural person. This provision does not apply to purchases made within a trade, business, craft or profession, nor to purchases made by legal entities.
The agreement can be revoked without giving reasons within 14 days from delivery.
The agreement can be revoked without giving reasons within 14 days from delivery. The customer shall notify the exercise of the right of withdrawal within 14 days from delivery.Preferably by using the online return form or via communication by email sent to email@example.com or in writing by post to Entrya Technologies BVBA, Meerkensstraat 69, 3650 Lanklaar.
The customer then receives instructions to return the good without delay and in any case no later than 14 days after the notification of revocation at his expense to Entrya Technologies BVBA, Meerkensstraat 69, 3650 Lanklaar.
Upon receipt of the notification of exercise of the right of withdrawal and upon receipt of the device, Entrya Technologies BVBA sends a confirmation e-mail.
The goods must be returned in their original packaging and protected with a shipping box, with all delivered accessories and in original condition.
The customer is liable for the depreciation of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. He must therefore handle and inspect the goods with due care.
Within 14 days after Entrya Technologies BVBA has been notified of the decision to revoke, all amounts paid (including delivery costs and taxes, minus a depreciation if applicable) will be refunded via the payment method the customer used for his purchase.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
If the consumer exercises his/her right of withdrawal, all additional agreements are dissolved by operation of law.
Entrya Technologies BVBA may wait with a refund until it has received the return shipment.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE WITHDRAWAL PERIOD
During the reflection period, the consumer shall handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. he basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is not liable for depreciation of the product if the trader did not provide him with all legally required information on the right of withdrawal before or at the time of concluding the contract.
ARTICLE 8 – THE PRICE
During the validity period stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the Entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
- They are the result of legal regulations or stipulations; or
- The consumer is authorised to terminate the agreement as of the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
ARTICLE 9 – COMPLIANCE WITH THE AGREEMENT AND ADDITIONAL GUARANTEE
- The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the trader under the contract if the trader has failed to fulfil his part of the contract.
ARTICLE 10 – DELIVERY AND IMPLEMENTATION
The trader will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will carry out accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
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 in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 11 – PAYMENT
- For online orders, we can only accept payment via the payment modules on our website.
- The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
ARTICLE 12 – COMPLAINTS PROCEDURE
The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
In any case, the consumer should give the entrepreneur 4 weeks to solve the complaint by mutual agreement. After this period a dispute arises that is subject to the dispute settlement procedure.
ARTICLE 13 – DISPUTES
All agreements we conclude with our customers, regardless of their place of residence, are governed exclusively by Belgian law and, in the event of disputes, only the competent Belgian courts have jurisdiction. If for reasons of international law a different law is applicable, the interpretation of the present general terms and conditions will primarily refer to Book VI of the Belgian Economic Law Code.
ARTICLE 14 – INTELLECTUAL PROPERTY
- Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights which are held either by us or by our suppliers or other entitled parties.
- You are prohibited from using and/or modifying the intellectual property rights described in this article. For example, you may not copy or reproduce drawings, photos names, texts, logos colour combination, etc … without our prior and express written consent.
ARTICLE 15 – SUPPLEMENTARY OR DEVIATING PROVISIONS
Additional provisions or provisions 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 way that they can be stored in an accessible manner by the consumer on a durable data carrier.
ARTICLE 16 – GENERAL REPAIR CONDITIONS
All appliances must be sent for repair to Entrya Technologies BVBA, Meerkensstraat 69, 3650 Lanklaar. Repairs are requested via the online service form or via an accompanying document sent with the appliance. The cost of sending the repair to Entrya Technologies BVBA is borne entirely by the customer.
The period required for the repair, established in good faith, is purely indicative and does not constitute an essential condition of the contract. We are not liable for the delivery times of the spare parts. Possible costs due to unavailability of appliances under repair will never be reimbursed.
Any complaint concerning visible damage to repaired goods must be formulated in writing on the accompanying documents at the time of delivery or collection.
The repaired goods shall be returned to the customer and the transport costs shall always be borne by the customer.
All repairs are covered by a three-month warranty, provided that the defect is the same and has not been caused by misuse.
For repairs outside the guarantee applies:
- Upon receipt of the appliance, examination costs will be charged. These will be offset against the repair costs. The examination costs may amount to a maximum of € 25, including VAT and taxes. However, examination costs are never refunded even if no repair takes place.
- The customer determines a limit amount that applies as the cost price of the repair. If, after examination, it appears that the price of the repair will be higher than this limit amount, a specification will be drawn up and the repair will only take place after the customer’s consent.
- The prices mentioned in our estimates remain valid for one month. Our estimates are always drawn up subject to the cost of replacing spare parts, the defect of which is only discovered during the repair. In this case, a second estimate is submitted to the customer for approval.
- If certain spare parts necessary to repair the appliance are no longer available, Entrya Technologies BVBA cannot be held liable for the total or partial unusability of the appliance.
- Spare parts that are replaced during repair and irreparable appliances will only be returned to the customer if he formally requests this when returning his defective appliance and if he pays the transport costs
- The goods will be shipped to the customer after payment of the shipping and repair costs have been received by Entrya Technologies BVBA.
Any dispute is subject to Belgian law. Only the Belgian courts are competent.
ARTICLE 17 – WARRANTY CONDITIONS
As regards the delivery of goods, we apply the statutory minimum warranty period of two years if the good does not conform to the order placed. This means that in the event of defects or faults in the goods, they will be repaired or replaced free of charge up to 2 years after delivery.
This guarantee only covers a lack of conformity that already exists at the time of delivery of the goods. Are consequently excluded among others:
- Any direct or indirect damage after delivery caused to the appliance (e.g. by oxidation, shock, fall, etc.)
- The replacement of accessories or attachments that require regular replacement
- Defects caused by fire, water damage, lightning, accidents and natural disasters
- Defects caused by intent, negligence or due to improper handling, poor maintenance or abnormal use or use of the appliance contrary to the manufacturer’s instructions
- Damage resulting from commercial, professional or collective use of the appliance
The non-conformity must be reported within six months of detection.
The warranty is only valid if an appeal is made to Entrya Technologies BVBA. In case of intervention by a third party not designated by Entrya Technologies BVBA, the warranty is void.
The general repair conditions apply to all repairs.
These conditions and limitations are without prejudice to the relevant legal provisions.