General Terms and Conditions

Article 1 - Definitions
Article 2 - Identity of the Seller
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in the event of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Continuing contracts: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these General Terms and Conditions, the following terms have the meanings set out below:

Withdrawal period: the period, also known as the cooling-off period, within which the Consumer can exercise their 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 Seller;
Day: calendar day;
Continuing contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or to purchase them is spread over time;
Durable medium: any means that enables the Consumer or the Seller to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.
Right of withdrawal: the option for the Consumer to withdraw from the distance contract within the withdrawal period;
Model form: the model withdrawal form that the Seller makes available and that a Consumer can fill in when they wish to exercise their right of withdrawal.
Seller: the natural or legal person who offers products and/or services to Consumers at a distance;
Distance contract: a contract concluded within the framework of a system organised by the Seller for the distance sale of products and/or services, in which only one or more means of distance communication are used up to and including the conclusion of the contract;
Means of distance communication: any means that can be used to conclude a contract without the Consumer and the Seller being in the same place at the same time.
General Terms and Conditions: these General Terms and Conditions of the Seller.

Article 2 - Identity of the Seller

Usuals BV
Walemstraat 90
2570 Duffel
Belgium

Telephone number: +32 3 284 35 84
Email address: info@usuals.be
VAT number: BE 0721 675 446

Article 3 - Applicability

These General Terms and Conditions apply to every offer made by the Seller and to every distance contract concluded and every order placed between the Seller 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 Consumer will be informed, before the distance contract is concluded, that the General Terms and Conditions can be inspected at the Seller's premises and that they will be sent to the Consumer free of charge as soon as possible on request.
If the distance contract is concluded electronically, then, notwithstanding the previous 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 way that the Consumer can easily store it on a durable medium. If this is not reasonably possible, the Consumer will be informed, before the distance contract is concluded, where the General Terms and Conditions can be consulted electronically and that they will be sent to the Consumer free of charge, electronically or otherwise, on request.
If specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly and, in the event of conflicting terms and conditions, the Consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these General Terms and Conditions are at any time wholly or partly void or are annulled, the contract and these General Terms and Conditions will otherwise remain in force, and the provision concerned will be replaced without delay, by mutual agreement, with a provision that comes as close as possible to the purpose of the original provision.
Situations not covered by these General Terms and Conditions must be assessed ‘in the spirit’ of these General Terms and Conditions.
Any lack of clarity about the interpretation or content of one or more provisions of our terms and conditions must be resolved ‘in the spirit’ of these General Terms and Conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be stated explicitly in the offer.
The offer is non-binding. The Seller is entitled to change and adjust the offer.
The offer contains 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 of the offer. If the Seller uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the Seller.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or to termination of the contract.
Product images are a true representation of the products offered. The Seller cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

the price including taxes;
any shipping costs;
the way in which the contract will be concluded and the steps required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period during which the Seller guarantees the price;
the rate for distance communication, if the cost of using the means of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract will be archived after it has been concluded and, if so, how the Consumer can consult it;
the way in which the Consumer can check the information they have provided in connection with the contract before concluding it and, if they wish, correct it;
any other languages, besides Dutch, in which the contract can be concluded;
the codes of conduct to which the Seller has subscribed and the way in which the Consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing contract.

Article 5 - The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the Consumer accepts the offer and meets the conditions attached to it.
If the Consumer has accepted the offer electronically, the Seller will confirm receipt of that acceptance electronically without delay. As long as the Seller has not confirmed receipt of this acceptance, the Consumer may terminate the contract.
If the contract is concluded electronically, the Seller will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Consumer can pay electronically, the Seller will take appropriate security measures for this purpose.
Within the limits of the law, the Seller may find out whether the Consumer is able to meet their payment obligations, as well as all facts and factors that are relevant to entering into the distance contract responsibly. If, on the basis of this investigation, the Seller has good grounds for not entering into the contract, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance.
The Seller will send the following information to the Consumer with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:

the visiting address of the Seller's place of business to which the Consumer can turn with complaints;
the conditions under which and the way in which the Consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information about warranties and existing after-sales service;
the information referred to in Article 4, paragraph 3 of these General Terms and Conditions, unless the Seller has already provided this information to the Consumer before performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing contract, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into subject to the condition precedent that the products concerned are sufficiently available.

Article 6 - Right of withdrawal

When products are delivered:

When purchasing products, the Consumer may withdraw from the contract without giving any reason within 14 days. This withdrawal period starts on the day after the product is received by the Consumer or by a representative designated in advance by the Consumer and made known to the Seller.
During the withdrawal period, the Consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the Seller with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the Seller.
If the Consumer wishes to exercise their right of withdrawal, they must notify the Seller of this within 14 days of receiving the product. The Consumer must give this notification by means of the model withdrawal form. After notifying the Seller that they wish to exercise their right of withdrawal, the Consumer must return the product within 14 days. The Consumer must prove that the goods delivered were returned in time, for example by means of proof of postage.
If, after the periods referred to in paragraphs 2 and 3 have expired, the Consumer has not notified the Seller that they wish to exercise their right of withdrawal or has not returned the product to the Seller, the purchase is final.

When services are provided:

When services are provided, the Consumer may withdraw from the contract without giving any reason within a period of at least 14 days, starting on the day the contract is concluded.
To exercise their right of withdrawal, the Consumer will follow the reasonable and clear instructions provided by the Seller for this purpose with the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

If the Consumer exercises their right of withdrawal, they will bear no more than the cost of returning the product.
If the Consumer has paid an amount, the Seller will refund this amount as soon as possible, and no later than 14 days after withdrawal. This is subject to the condition that the Seller has already received the product back or that conclusive proof of complete return can be provided. The refund will be made using the same payment method that the Consumer used, unless the Consumer expressly agrees to a different payment method.
If the product is damaged as a result of careless handling by the Consumer themselves, the Consumer is liable for any reduction in the value of the product.
The Consumer cannot be held liable for any reduction in the value of the product if the Seller has not provided all the legally required information about the right of withdrawal; this information must be provided before the purchase contract is concluded.

Article 8 - Exclusion of the right of withdrawal

The Seller may exclude the Consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the Seller has stated this clearly in the offer, or at least in good time before the contract is concluded.
The right of withdrawal can only be excluded for products:

that have been made by the Seller in accordance with the Consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or become outdated quickly;
whose price is subject to fluctuations in the financial market over which the Seller has no control;
that are single issues of newspapers and magazines;
that are audio and video recordings or computer software whose seal has been broken by the Consumer;
that are hygiene products whose seal has been broken by the Consumer.
The right of withdrawal can only be excluded for services:

relating to accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;
the provision of which has begun with the Consumer's express consent before the withdrawal period has expired;
relating to bets and lotteries.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the Seller may offer products or services whose prices are subject to fluctuations in the financial market over which the Seller has no control at variable prices. The fact that the prices are subject to such fluctuations, and that any prices stated are guide prices, will be stated with the offer.
Price increases within 3 months of the contract being concluded are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the contract has been concluded are only permitted if the Seller has stipulated this and:

they result from statutory regulations or provisions; or
the Consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to misprints and typographical errors. No liability is accepted for the consequences of misprints and typographical errors. In the event of misprints and typographical errors, the Seller is not obliged to supply the product at the incorrect price.

Article 10 - Conformity and warranty

The Seller guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of soundness and/or usability, and with the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the Seller also guarantees that the product is suitable for other than normal use.
A warranty provided by the Seller, manufacturer or importer does not affect the statutory rights and claims that the Consumer can assert against the Seller under the contract.
The Consumer must report any damage that occurred during delivery to the Seller in writing within 48 hours of delivery. The Consumer must report other defects and wrongly delivered products as soon as possible after discovering them, within the 2-year warranty period. Products must be returned in their original packaging and in as-new condition.
The Seller's warranty period corresponds to the manufacturer's warranty period of 2 years. However, the Seller is never responsible for the ultimate suitability of the products for each individual application 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 has 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 have been handled contrary to the Seller's instructions and/or the instructions for use on the packaging;
the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The Seller will exercise the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the Consumer has made known to the Seller.
Taking into account what is stated on this subject in paragraph 4 of this Article, the Seller will carry out accepted orders with due speed, and no later than within 30 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the Consumer will be notified of this no later than 30 days after placing the order. In that case, the Consumer has the right to terminate the contract free of charge. The Consumer is not entitled to compensation.
All delivery times are indicative. The Consumer cannot derive any rights from any delivery times stated. Exceeding a delivery time does not entitle the Consumer to compensation.
In the event of termination in accordance with paragraph 3 of this Article, the Seller will refund the amount paid by the Consumer as soon as possible, and no later than 14 days after termination.
If delivery of an ordered product proves impossible, the Seller will make every effort to provide a replacement item. It will be stated clearly and comprehensibly, at the latest upon 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 Seller.
The risk of damage to and/or loss of products rests with the Seller until the moment of delivery to the Consumer or to a representative designated in advance and made known to the Seller, unless expressly agreed otherwise.

Article 12 - Continuing contracts: duration, termination and renewal

Termination

The Consumer may terminate a contract that has been entered into for an indefinite period and that 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 no more than one month.
The Consumer may terminate a contract that has been entered into for a fixed period and that provides for the regular delivery of products (including electricity) or services at any time with effect from the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
With regard to the contracts referred to in the previous paragraphs, the Consumer may:

terminate them at any time, without being restricted to termination at a particular time or during a particular period;
at the very least terminate them in the same way as they entered into them;
always terminate them with the same notice period as the Seller has stipulated for itself.

Renewal

A contract that has been entered into for a fixed period and that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a contract that has been entered into for a fixed period and that provides for the regular delivery of daily newspapers, news magazines, weekly magazines and periodicals may be tacitly extended for a fixed period of no more than three months, provided the Consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.
A contract that has been entered into for a fixed period and that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the Consumer may terminate it at any time with a notice period of no more than one month, or with a notice period of no more than three months if the contract provides for the regular, but less than monthly, delivery of daily newspapers, news magazines, weekly magazines and periodicals.
A contract of limited duration for the regular delivery of daily newspapers, news magazines, weekly magazines and periodicals by way of introduction (a trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the Consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the Consumer must be paid within 7 working days of the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period starts after the Consumer has received confirmation of the contract.
The Consumer must report any inaccuracies in the payment details provided or stated to the Seller without delay.
In the event of non-payment by the Consumer, the Seller has the right, subject to statutory restrictions, to charge the reasonable costs made known to the Consumer in advance.

Article 14 - Complaints procedure

The Seller has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the Seller, fully and clearly described, as soon as possible after the Consumer has discovered the defects. For damage that occurred during delivery, the 48-hour period set out in Article 10 applies.
Complaints submitted to the Seller will be answered within 14 days of the date of receipt. If a complaint foreseeably requires a longer processing time, the Seller will reply within the 14-day period with an acknowledgement of receipt and an indication of when the Consumer can expect a more detailed reply.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the Seller's obligations, unless the Seller states otherwise in writing.
If the Seller finds a complaint to be justified, the Seller will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the Seller and the Consumer to which these General Terms and Conditions apply are governed exclusively by Belgian law, even if the Consumer lives abroad.
The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) does not apply.

Article 16 - Additional or deviating provisions

Provisions that supplement or 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 the Consumer can store them in an accessible manner on a durable medium.

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