Terms and conditions
Article 1 - Definitions
In these terms, the term:
Entrepreneur: the natural or legal person who offers products and / or remote services to consumers.
Consumer: the natural person not acting in the exercise of a profession or business and who signs a distance contract with the contractor.
Distance contract: a contract under which a system organized by the entrepreneur for distance selling of products and / or services is made exclusively use one or more distance communication up the conclusion of the contract.
distance communication technology: means that can be used for the conclusion of a contract without the consumer and the entrepreneur are simultaneously in the same room.
Reflection period: the period during which the consumer can use his right of withdrawal.
Right of withdrawal: the ability for the consumer to waive, within the period of reflection, the distance contract.
Day: calendar day.
Duration of the transaction: a distance contract relating to a series of products and / or services for which the obligation to deliver and / or purchase is staggered.
sustainable data carrier: any means that the consumer or entrepreneur to store information addressed personally to him in a way ensuring the future consultation and reproduction saved information intact.
Article 2 - Identity of the entrepreneur
Rox & Co S.P.R.L
Boulevard Anspach 119
1000 Brussels, Belgium
Phone: +32 2 513 34 24 (Monday - Saturday: 09h - 22h30 and Sunday 12h-19h)
Identification number for VAT: BE.0844.084.003
Article 3 - Applicability
These general conditions apply to every offer of the entrepreneur and every distance contract between the contractor and the consumer.
Prior to the conclusion of the distance contract, the text of these terms is available to the consumer. If this can not reasonably be done, it will be specified before concluding the distance contract as general conditions can be found at the contractor and will be sent free of charge as soon as possible to consumer demand.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before concluding the distance contract, the text of these terms may be available to the consumer electronically so that they can be easily stored by the consumer on a durable data carrier. If this can not reasonably be done, it will be said, before concluding the distance contract, where you can read the general conditions electronically and will be sent free of charge by electronic or other means, to consumer demand.
In case of specific conditions on the products or services also apply in addition to these general conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that it is the most favorable case contradictory terms.
Article 4 - The offer
If an offer has a limited validity or is subject to conditions, it is explicitly mentioned in the offer.
The offer contains a complete and accurate description of goods and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. When the contractor uses illustrations, they faithfully reproduce the goods and / or services offered. Errors or notorious mistakes in the offer do not bind the entrepreneur.
Each offer contains so much information that the consumer understands what the rights and obligations related to the acceptance of the offer. This is in particular the following information:
the price, including taxes;
any costs of delivery;
how the contract will be and what actions are necessary to this end;
the applicability or not of the right of withdrawal;
payment terms, delivery or performance;
the acceptance period of the offer or the period for keeping the price;
the level of the tariff for distance communication if the costs of using the remote communication technology are calculated on a basis other than the basic rate;
if the contract is archived after its formation, the way it can be accessed by the consumer;
how the consumer can be informed before the conclusion of the contract, acts that he has not wanted and the way he can rectify these before formation of the contract;
any languages besides French and Dutch, in which the contract can be concluded;
codes of conduct to which the entrepreneur has subject and the way the consumer can consult these electronic codes of conduct; and
the minimum duration of the distance contract in the case of a contract that extends to the continuous or periodic delivery of products or services.
Article 5 - The contract
The contract is subject to what is defined in paragraph 4, when the consumer acceptance of the offer and the fulfillment of the conditions stipulated therein.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirm electronically receipt of acceptance of the offer. Until receipt of this acceptance is not confirmed, the consumer may terminate the contract.
If the contract is done electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transfer and ensure a safe web environment. If the consumer can make an electronic payment, the contractor will observe to this end adequate security measures.
The entrepreneur can - within legal frameworks - inform whether the consumer is able to meet its payment obligations as well as to inquire about all the facts and factors of importance for a thoughtful conclusion of contract distance. If on the basis of this survey, the contractor has good reasons not to conclude the contract, he is entitled to refuse an order or request or make the execution on special terms.
The contractor will provide the product or service the following information to the consumer, in writing or in such a way that they can be stored by the consumer in an accessible way on a durable data carrier:
the geographical address of the establishment of the entrepreneur which the consumer may address complaints;
the conditions under which and how the consumer can make use of the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
information on after-sales service and guarantees;
the information listed in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the contract;
the conditions for termination of the contract if the contract has a duration of more than one year or is indefinite.
If the entrepreneur is committed to providing a range of products or services, the provision of the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal upon delivery of products
Customer consumer has the right to notify the contractor that he renounces the purchase without penalty and without giving any reason within 14 calendar days following the day of delivery of the good or the conclusion of the service contract. Direct referrals fees are charged to consumers.
The notification of the withdrawal right can be done by mail or registered mail addressed to the contractor.
Failing to consider restitution as null and void, restitution must be made at the latest within 7 calendar days after the notification of withdrawal. The previously unreported returns will not be accepted. Customer consumer must be diligent and take all reasonable precautions when packing of the property and its removal to prevent damage during transport. Customer consumer will have to use transportation services offering similar guarantees to those of the initial transport. The item must be returned in new condition in the original packaging and sufficient postage (order number should be mentioned).
This right of withdrawal can not play or if the products have clearly been use. The products must be returned correctly in their original packaging, in perfect condition for resale (not damaged or soiled, with all accessories, documentation ...) and freed correctly (the order number must be stated) to the following address :
Rox & Co. Returns Department, 119 Boulevard Anspach, 1000 Brussels, Belgium
The consumer must also attach to the return of the completed return slip and the original invoice which he will retain a copy.
The return of products will result in a refund equal to the product purchase price. The refund do not include any costs of delivery. Return shipping costs are the consumer load exercising the right of withdrawal. The right of withdrawal may also be exercised when ordering and before delivery. If he comes as the product has been shipped, the return costs will be borne by the consumer. From the treatment of back, Rox & Co will contact the customer to inform the consideration of the exercise of its right. The refund will be exercised by recréditation the bank card of the Consumer. Rox & Co will reimburse the Consumer within 30 days of the return of the product.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, removal costs at most are dependent.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, at the latest within 30 days after the return or withdrawal.
Article 8 - Exclusion of right of withdrawal
If the consumer does not have a right of withdrawal, it can not be excluded by the entrepreneur if the entrepreneur has mentioned clearly in the offer, at least in time before conclusion of the contract.
The only products that can be excluded from the right of withdrawal are:
those made by the contractor following the specifications of the consumer;
those that are clearly personal in nature;
those who can not be returned due to their nature;
those that can decompose or age rapidly;
those whose price is linked to fluctuations in the financial market outside the entrepreneur has no influence;
newspapers and magazines in bulk;
audio and video recordings and computer software that the consumer has unsealed.
Only the following services may be excluded from the right of withdrawal:
hosting services, transport, catering or leisure services to be provided on a specific date or during a specified period;
services whose delivery began with the express permission of the consumer before expiry of the reflection period;
related to paris and lotteries.
Article 9 - The price
During the period of validity stated in the offer, the prices of goods and / or services offered are not increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the preceding paragraph, the contractor may offer variable prices for products or services whose prices are linked to fluctuations in the financial market on which the entrepreneur has no influence. This link with fluctuations and the fact that possibly mentioned prices are indicative prices are stipulated in the offer.
price markups within 3 months of the formation of the contract are only allowed if they result from legislation or legal provisions.
The price increases from 3 months of the formation of the contract are only allowed if the entrepreneur has stipulated and:
if they result from statutory regulations or provisions; or
if the consumer has the power to terminate the contract the day of entry into force of the price increase.
The prices specified in the offer of products and services include VAT.
Article 10 - Compliance and Warranty
The contractor guarantees that the products and / or services meet the contract, the specifications listed in the offer, the reasonable requirements of quality and / or efficiency and the legal provisions and / or government regulations existing on the date the realization of the contract.
A regulation proposed by the contractor, the manufacturer or importer as security does not diminish the rights and claims that the consumer may assert under the Act and / or the distance contract for failure by contractor of its obligations.
You also get the legal warranty against hidden defects on the products delivered. Any complaint for hidden defects which are not due to a force majeure, a faulty input from you or third parties or which are due to normal wear, must be communicated to our Customer Service by email at the latest within 2 months following the discovery of the hidden defect. In the absence of such notification within 2 months following the discovery of the defect, you lose your right to file a complaint for hidden defects. Our Customer Service will tell you how to return the products. In any case, the possible return of goods will only take place after our prior written confirmation.
In case a delivered product does not match your order and provided that the procedure referred to in Article 10.1 has been met, we promise to replace the product. In the event that the replacement is impossible or disproportionate we want to repay you all payments received, including, where appropriate, delivery charges. If a voucher has been used as part of your order, the net amount (ie the purchase price less the amount of the voucher) will be refunded. At your explicit request to our Customer Service, a new voucher will be sent that you can use for your next purchase.
Article 11 - Delivery and execution
The contractor will bring more attention when receiving and executing orders for products and when assessing applications for service delivery.
Will be considered as place of delivery, the address provided by the consumer to the enterprise.
Taking into account what is mentioned about it in Article 4 of these terms, the company will execute promptly accepted orders later than 30 days unless a longer delivery period has been agreed . If delivery is delayed or if an order can not be executed or only partially, the consumer will receive notification within one month after placing the order. The consumer in this case the right to dissolve the agreement without costs and the right to any compensation.
In case of dissolution in accordance with the preceding paragraph, the entrepreneur will refund as soon as possible but no later than within 30 days of the dissolution, the amount the consumer paid.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. On or before delivery, it will be stated in clear and comprehensible manner that a replacement item is delivered. In the case of replacement items, the right of withdrawal can not be excluded. Removal costs are borne by the contractor.
The risk of damage and / or loss of products rests until the time of delivery to the consumer, the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration Transactions
The consumer may cancel at any time a contract was concluded for an indefinite period, taking into account the termination rules agreed for this purpose and a maximum notice period of one month.
A contract is concluded for a short term for a maximum of two years. If it is agreed that in case of consumer's silence, the distance contract is extended, the contract will be continued as a permanent contract and the cancellation period will be one month maximum from the pursuit the contract.
Article 13 - Payment
Provided no later date has been agreed, the amounts owed by the consumer will be paid within fourteen days after delivery of the goods or in case of supply contract for a service, within 14 days of issuance of documents relating to that contract.
When selling products to consumers, a prepayment of more than 50% can never be stipulated in the terms and conditions. When the advance payment is stipulated, the consumer may not assert any right regarding the execution of the order or (of) Service (s) in question has taken place before the stipulated advance payment.
The consumer has the duty to report without delay to the contractor inaccuracies in payment data provided or stated.
In case of non-payment from the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs previously served to the consumer.
Article 14 - Complaints Resolution
The contractor has a procedure for complaints and communicated sufficiently deal with the complaint under this procedure.
Complaints about the contract must be submitted to the contractor in a prompt time, a clear and complete after finding breaches by consumers.
He responded to complaints from the contractor within 14 days from the date of receipt of these. If a complaint requires a pretreatment period visibly longer, the contractor responds with an acknowledgment of receipt within 14 days, indicating when the consumer can expect a more detailed answer.