GENERAL TERMS & 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 Warranty
Article 11 – Delivery and Execution
Article 12 – Long-Term Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Divergent Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
• Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Long-term transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
• Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
• Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period;
• Model withdrawal form: the model form provided by the entrepreneur which a consumer may use if they wish to exercise their right of withdrawal;
• Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
• Distance contract: an agreement concluded in the context of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded;
• Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur having to be in the same place at the same time;
• Terms and Conditions: these present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

EXIT-C vof / Brand LIZ.objets
VAT number: BE0808.180.937
Address: Vossenberglaan 22, B-9070 Destelbergen (Belgium)
Phone: +32 478 333 825
Email: hello@liz-objets.com

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before a 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 entrepreneur shall, before the distance contract is concluded, indicate how the general terms and conditions can be inspected 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, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically before the contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the entrepreneur shall indicate where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the remainder, and the relevant provision will be replaced in mutual consultation by a provision that approximates the original intent as closely as possible.

Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions shall be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right to change or modify the offer.

The offer includes 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. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:

• the price including taxes;
• any shipping costs;
• the method of concluding the agreement and what actions are required;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the contract;
• the period for accepting the offer or the period during which the price is guaranteed;
• the rate for distance communication if the costs are calculated differently than at the basic rate;
• whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer;
• how the consumer can check and, if necessary, correct the information provided before finalizing the contract;
• any other languages in which the agreement may be concluded;
• the codes of conduct to which the entrepreneur is subject and how the consumer can consult them electronically;
• the minimum duration of the distance contract in the case of a continuing transaction;
• available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall implement appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur may, within legal boundaries, gather information about whether the consumer can meet their payment obligations, as well as about facts and factors relevant to responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has valid grounds not to enter into the agreement, they are entitled to refuse an order or application or attach special conditions to its execution, with justification.

The entrepreneur shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer on a durable data carrier in an accessible manner:

• the physical address of the entrepreneur’s business where the consumer can address complaints;
• 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;
• information about guarantees and existing after-sales service;
• the information listed in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this to the consumer before the execution of the agreement;
• the conditions for terminating the agreement if it is of a duration of more than one year or of indefinite duration.

In the case of a continuing performance contract, the provision above applies only to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For delivery of products:

When purchasing products, the consumer has the right to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer and made known to the entrepreneur, receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer makes use of their right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must do this using the standard withdrawal form. After expressing their intent to withdraw, the consumer must return the product within 14 days. The consumer must prove that the product has been returned in time, for example with proof of shipment.

If the consumer has not expressed their wish to withdraw within the timeframes stated in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

For delivery of services:

In the case of services, the consumer has the right to dissolve the agreement without giving reasons for a period of at least 14 days, starting from the day the agreement was concluded.

To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or upon delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, they shall bear at most the cost of returning the goods.

If the consumer has paid any amount, the entrepreneur shall refund this amount as soon as possible, and no later than 14 days after withdrawal. This refund is subject to the condition that the entrepreneur has received the returned product or the consumer provides conclusive proof of return. Refunds will be made using the same payment method the consumer used, unless the consumer explicitly agrees to a different method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value.

The consumer is not liable for any reduction in value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal, which must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products and services as described in paragraphs 2 and 3. Exclusion is only valid if the entrepreneur clearly states this in the offer, or at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

• that are made to the consumer’s specifications;
• that are clearly personal in nature;
• that, by their nature, cannot be returned;
• that spoil or age quickly;
• whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;
• such as newspapers and magazines;
• such as audio or video recordings or computer software if the consumer has broken the seal;
• that are hygiene-related, where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

• related to accommodation, transport, restaurant or leisure activities, provided on a specific date or during a specific period;
• where the service has begun with the consumer’s explicit consent before the cooling-off period has ended;
• related to betting and lotteries.

Article 9 – Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except in the event of changes in VAT rates.

By way of exception, the entrepreneur may offer products or services at variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to market fluctuations and the fact that any prices given are guide prices will be stated in the offer.

Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if:
– they have been stipulated by the entrepreneur, and
– they are the result of legal regulations or provisions, or
– the consumer has the right to cancel the agreement as of the date the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of usability and/or reliability, and the existing legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert based on the agreement.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Returns must be sent in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:
– the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
– the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or packaging;
– the defect is entirely or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise 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 provided by the consumer to the entrepreneur.

With due observance of what is stated in paragraph 4 of this article, the entrepreneur will execute accepted orders promptly but no later than within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be fulfilled or only partially, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to any compensation.

All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a delivery term does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible and no later than 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to offer a replacement item. It will be clearly and understandably communicated at the time of delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment will be borne by the entrepreneur.

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 known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Agreements: Term, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, observing the applicable termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement, which involves the regular delivery of products or services, at any time toward the end of the fixed period, observing the applicable termination rules and a notice period of no more than one month.

In the cases above, the consumer may:
– cancel at any time and not be limited to termination at a specific time or in a specific period;
– terminate using the same method as used to enter the agreement;
– always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement that involves the regular delivery of products or services may not be renewed or extended automatically for a fixed duration.

By way of exception, a fixed-term agreement for the regular delivery of daily, news, or weekly newspapers or magazines may be extended automatically for a fixed term of up to three months, provided the consumer can cancel the extended agreement at any time with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be renewed automatically for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month, and a notice period of no more than three months for agreements involving delivery of daily, news, or weekly newspapers or magazines less than once per month.

A fixed-term introductory agreement for the regular delivery of newspapers or magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may cancel it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent early termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the obligation to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.

In case of non-payment by the consumer, and subject to legal limitations, the entrepreneur is entitled to charge the consumer reasonable costs that were made known in advance.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has identified the defects, and must be described fully and clearly.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur has stated otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions that deviate 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 by the consumer in an accessible manner on a durable data carrier.