ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following terms shall have the following meanings:
Withdrawal period: the period within which the consumer can make use of his/her right of withdrawal.
Consumer: a natural person who is not acting for purposes connected with his/her trade, business, craft or profession.
Day: calendar day.
Digital content: data produced and delivered in digital form.
Continuing performance agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period of time.
Right of withdrawal: the possibility for the consumer to withdraw from the remote agreement within the withdrawal period.
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or remote services to consumers.
Remote agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the remote sale 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 remote communication.
Technology for remote communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Entrya Technologies BVBA
Availability: from Monday to Thursday 08:30 to 17:00 and on Friday 08:30 to 15:00 with the exception of public holidays and collective leave.
E-mail address: email@example.com
ARTICLE 3 – APPLICABILITY
These general terms and conditions apply to any offer made by the entrepreneur and to any remote agreement concluded between the entrepreneur and the consumer.
The text of these general terms and conditions shall be made available to the consumer before the remote agreement is concluded. If this is not reasonably possible, the entrepreneur shall, before concluding the remote agreement, indicate how the general terms and conditions can be viewed at the entrepreneur’s premises and that, at the consumer’s request, they shall be sent free of charge as soon as possible.
If the remote agreement is concluded electronically, then, contrary to the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions shall be made electronically available to the consumer in such a way that they can easily be stored by the consumer on a durable data storage device. If this is not reasonably possible, before the remote agreement is concluded, it shall be indicated that the general terms and conditions can be consulted electronically and that they can be sent free of charge at the consumer’s request, either electronically or by other means.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him/her.
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 shall be sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content. The entrepreneur is not liable for obvious mistakes or obvious errors in the offer.
Each offer contains information that makes it clear to the consumer what rights and obligations are connected with the acceptance of the offer.
ARTICLE 5 – THE AGREEMENT
Subject to the provisions of paragraph 4, the agreement is concluded at the time of the consumer’s acceptance of the offer and compliance with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. The consumer can dissolve the agreement as long as the receipt of this acceptance has not been confirmed by the entrepreneur.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur can, within the framework of the law, find out about whether the consumer can meet his/her payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this research, the entrepreneur has good reasons not to enter into the agreement, he/she is entitled to refuse an order or request, or to attach special conditions to the execution of the order or request, stating the reasons.
The entrepreneur shall send the following information, in writing or in such a way that the consumer can easily store it on a durable data storage device, no later than upon delivery of the product, service or digital content to the consumer:
- The e-mail address of the establishment of the entrepreneur to which the consumer can address his/her complaints.
- The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
- Information on warranties and after-sales service.
- The price (including all taxes) of the product, service or digital content, the costs of delivery (if applicable) and the method of payment, delivery or execution of the remote agreement.
- The requirements for terminating the agreement if the agreement 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 remote selling to consumers. A consumer is every natural person. This provision shall not apply to purchases made in the course of a trade, business, craft or profession, or to purchases made by legal persons.
The agreement can be revoked without giving any reason within 14 days of delivery.
The customer shall provide notification of the exercise of the right of withdrawal within 14 days of delivery. Preferably by using the online return form or by sending a message by email to firstname.lastname@example.org by post to Entrya Technologies BVBA, Meerkensstraat 69, 3650 Lanklaar.
The customer shall then receive instructions to return the goods at his/her own expense to Entrya Technologies BVBA, Meerkensstraat 69, 3650 Lanklaar, immediately and in any case no later than 14 days after notification of withdrawal.
After receipt of the notification of exercise of the right of withdrawal and after receipt of the device, Entrya Technologies BVBA shall send a confirmation e-mail.
The goods shall be returned in their original packaging and protected in a shipping box, with all delivered accessories and in original condition.
The customer is liable for the depreciation of the goods resulting from any use of the goods that goes beyond what is necessary to determine the nature, characteristics and operation of the goods. He/she must therefore handle and inspect the goods with due care.
Within 14 days after Entrya Technologies BVBA has been informed of the withdrawal decision, all amounts paid (including delivery costs and taxes, if applicable reduced by a reduction in value) shall be refunded via the payment method used by the customer for the purchase.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
If the consumer makes use of his/her right of withdrawal, all additional agreements shall be dissolved by operation of law.
Entrya Technologies BVBA may wait until it has received the return shipment before providing a refund.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE WITHDRAWAL PERIOD
During the withdrawal period, the consumer shall handle the product and its packaging with due care. He/she shall unpack or use the product only to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle is that the consumer can only handle and inspect the product as he/she would be allowed to do in a shop.
The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided him/her with all the legally required information on the right of withdrawal before or at the time of concluding the agreement.
ARTICLE 8 – THE PRICE
During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes as a result of 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 over which the entrepreneur has no control, at variable prices. These fluctuations and the fact that any prices specified are guide prices are mentioned in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- They are the result of statutory regulations or provisions.
- The consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
- The prices specified in the offer of products or services are inclusive of VAT.
ARTICLE 9 – COMPLIANCE WITH THE AGREEMENT AND ADDITIONAL WARRANTY
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and any legal provisions and/or government regulations in place on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than the normal use.
- An additional guarantee provided by the entrepreneur, his/her supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his/her part of the agreement.
ARTICLE 10 – DELIVERY AND EXECUTION
The entrepreneur shall take the greatest possible care when receiving and in the execution of orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has given to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously, but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer shall be informed no later than 30 days after he/she has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge.
After dissolution in accordance with the previous paragraph, the entrepreneur shall immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur up to the time of delivery to the consumer or a previously designated and announced representative to the entrepreneur, unless otherwise expressly agreed.
ARTICLE 11 – PAYMENT
- For online orders, we are only able to accept payment via the payment modules on our website.
- The consumer has the duty to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur
ARTICLE 12 – COMPLAINTS PROCEDURE
The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur with a full and clear description within a reasonable period of time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
The consumer must give the entrepreneur at least four weeks to resolve the complaint by mutual agreement. After this period, a dispute shall arise that is subject to the dispute settlement procedure.
ARTICLE 13 – DISPUTES
All agreements that 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 applies, the interpretation of these general terms and conditions shall primarily be based on 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 that are either with us, our suppliers or other rightful claimants.
- It is forbidden to make use of and/or make changes to the intellectual property rights as described in this article. For example, you must not copy or reproduce drawings, photos, names, texts, logos, colour combinations, etc. without our prior and express written consent.
ARTICLE 15 – ADDITIONAL OR DIFFERENT 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 the consumer can store them in an accessible manner on a durable data storage device.
ARTICLE 16 – GENERAL REPAIR CONDITIONS
All devices must be sent to Entrya Technologies BVBA, Meerkensstraat 69, 3650 Lanklaar for repair. Repairs can be requested via the online service form or via an accompanying document that is sent with the device. The costs of sending the device to Entrya Technologies BVBA for repair are entirely at the customer’s expense.
The period necessary for the repair, determined in good faith, is purely indicative and does not constitute an essential condition of the agreement. We are not liable for the delivery dates of the spare parts. Any costs due to the unavailability of devices while they are being repaired shall never be reimbursed.
Any complaint regarding visible damage to repaired goods must be made in writing on the accompanying documents at the time of delivery or collection.
The repaired goods are returned to the customer and the transport costs are always borne by the customer.
All repairs are covered by a three-month warranty, as long as the same fault has not been caused by misuse.
The following applies for repairs outside the warranty:
- Upon receipt of the device, assessment costs shall be charged. These costs shall be deducted from the repair costs. The assessment costs can amount to a maximum of €25, including VAT and taxes. However, assessment costs shall never be reimbursed, even if no repairs are carried out.
- The customer sets a maximum amount for the cost price of the repair. If, after assessment, it appears that the price of the repair will be higher than this limit amount, specifications shall be drawn up and the repair shall only take place after permission from the customer.
- The prices mentioned in our specifications are valid for one month. Our specifications are always drawn up subject to the cost of replacement of spare parts, the fault of which is only established during the repair. In this case, a second set of specifications shall be submitted to the customer for approval.
- When certain spare parts, necessary for the repair of the device, are no longer available, Entrya Technologies BVBA cannot be held responsible for the total or partial uselessness of the device
- Spare parts and irreparable devices shall only be returned to the customer if the customer formally requests it when returning the faulty device and subject to payment of the transport costs
- The goods shall be shipped to the customer after payment of the shipping and repair costs has been received by Entrya Technologies BVBA.
Any dispute is subject to Belgian law. Only the Belgian courts have jurisdiction.
ARTICLE 17 – WARRANTY CONDITIONS
As far as the delivery of goods is concerned, we use the legal minimum warranty period of two years if the goods are not in conformity with the order placed. This means that in case of faults or defects with the goods, the goods shall be repaired or replaced free of charge up to two years after delivery
This warranty only covers a lack of conformity that already exists at the time of delivery of the goods. The following, among other things, are therefore excluded:
- Any direct or indirect damage caused to the device after delivery (e.g. due to oxidation, shock, fall, etc.)
- Replacement of accessories or attachments that need to be replaced on a regular basis
- Faults caused by fire, water damage, lightning, accidents and natural disasters
- Faults caused by intent, negligence or improper handling, poor maintenance or abnormal use or use of the device contrary to the manufacturer’s instructions
- Damage resulting from commercial, professional or collective use of the device
The lack of conformity shall be reported within six months of discovery.
The warranty is only valid if a claim is made to Entrya Technologies BVBA. The warranty shall lapse in the event of intervention by a third party not designated by Entrya Technologies BVBA.
The general repair conditions apply to all repairs.
These conditions and restrictions are without prejudice to the relevant legal provisions.