Terms and conditions 4Vous
Article 1 - Definitions
For the purposes of these conditions:
1. 'Period of reflection' shall mean the period within which the consumer may exercise his right of withdrawal;
2. "Consumer" means the natural person who does not act in the pursuit of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: Calendar day;
4. "Duration" means a distance contract relating to a range of products and/or services, the supply and/or purchasing obligation of which is spread over time;
5. "Durable data medium" means any means enabling the consumer or entrepreneur to store information which is personally addressed to him in a way that allows future consultation and unmodified reproduction of the stored information.
6. Right of withdrawal shall mean the possibility for the consumer to waive the distance contract within the period of reflection;
7. Model form: The model form for withdrawal made available to the entrepreneur who can fill in a consumer when he wishes to exercise his right of withdrawal.
8. "Operator" means the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract means an agreement whereby, within the framework of a distance selling system organized by the operator, products and/or services are used only one or more distance communication techniques until the conclusion of the agreement;
10. Distance communication technology: Means of concluding an agreement, without the simultaneous meeting of consumers and entrepreneurs in the same room.
11. General Conditions: the present General Conditions of the Entrepreneur.
Article 2 - the identity of the entrepreneur
Name of entrepreneur: Resat Yildirim
Location address: Ceintuurlaan, 3600 GENK
E-mail address: resat@hotmail.com
VAT identification number: BE0686547390
Article 3 - Applicability
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1. These General Terms and Conditions shall apply to any offer made by the Entrepreneur and to any distance contract and orders made between Entrepreneur and Consumer.
2. Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available to the entrepreneur and they will be sent As soon as possible free of charge at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will indicate where the general terms and conditions can be communicated electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
4. 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 contradictory general conditions, the consumer may always rely on the applicable provision which is most favorable to him.
5. If at any time one or more of the provisions of these General Terms and Conditions are wholly or partly null and void or destroyed, the agreement and these conditions will then continue to be maintained for the rest and the provision in question will be replaced by a provision which, by mutual agreement, will as far as possible be approximated to the content of the original.
6. Situations not covered by these general conditions shall be assessed ‘to the spirit’ of these general conditions.
7. Any ambiguity concerning the interpretation or content of one or more of the provisions of our terms and conditions shall be construed ‘to the spirit’ of these terms and conditions.
Article 4 - the offer
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1. Where an offer is of limited duration or subject to conditions, it shall be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to modify and adapt the offer.
3. The offer shall contain a complete and precise description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications of the offer are indicative and may not be liable to compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
6. Each offer shall contain such information as to make it clear to the consumer the rights and obligations associated with acceptance of the offer. This concerns in particular:
- the price inclusive of taxes,
- any costs of dispatch,
- the manner in which the agreement is to be concluded and the necessary measures;
- whether or not the right of withdrawal applies,
- the method of payment, delivery and implementation of the contract,
- the time limit for acceptance of the offer or the time limit within which the trader guarantees the price,
- the level of the distance communication rate if the cost of using the distance communication technique is calculated on a basis other than the basic standard rate for the means of communication used,
- whether the contract is archived after its conclusion and, if so, how it can be consulted for the consumer,
- the way in which the consumer can, before concluding the contract, check and, if necessary, restore the information provided by him under the contract,
- Any other languages in which the agreement may be concluded in addition to Dutch,
- the codes of conduct to which the entrepreneur has submitted himself and the way in which the consumer can consult these codes of conduct electronically, and
- the minimum duration of the distance contract in the event of a duration transaction.
- Optional: Available sizes, colors, type of materials.
Article 5 - the Agreement
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1. The contract shall be concluded, subject to paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions attached thereto.
2. If the consumer has accepted the offer by electronic means, the operator shall immediately acknowledge receipt of acceptance of the offer by electronic means. As long as the receipt of such acceptance has not been confirmed by the entrepreneur, the consumer may terminate the agreement.
3. If the contract is concluded electronically, the operator shall take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures to that end.
4. The operator may, within the legal framework, inform himself whether the consumer can fulfill his commitments and of all the facts and factors relevant to the responsible conclusion of the distance contract. If the entrepreneur has good grounds for not contracting the contract on the basis of this examination, he is entitled to refuse an order or application or to attach special conditions to the execution.
5. The operator shall send to the consumer, in writing or in such a way that the product or service can be stored by the consumer in an accessible manner on a durable data medium:
a. the visiting address of the establishment of the entrepreneur where the consumer can complain;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal or a clear indication of the exclusion of the right of withdrawal;
c. the information on warranties and existing after-purchase service;
d. the information contained in article 4(3) of these conditions, unless the operator has already provided this information to the consumer before the contract is executed;
e. the requirements for termination of the contract if the contract is of more than one year or of an indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph shall apply only to the first delivery.
7. Each agreement shall be entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - right of withdrawal
On delivery of products:
1. At the time of purchase of products, the consumer shall have the opportunity to dissolve the contract for 14 days without giving any reasons. This period of reflection shall take place on the day following receipt of the product by the consumer or a representative appointed by the consumer and notified to the entrepreneur.
2. During the period of reflection, the consumer will be careful with the product and its packaging. He will only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he shall return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he shall be obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must make known by means of the model form. After the consumer has made known that he wants to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been returned in good time, for example by means of proof of dispatch.
4. If, after the expiry of the time limits referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the trader, the purchase is a fact.
On delivery of services:
1. In the case of the provision of services, the consumer shall have the option of rescind the contract for at least 14 days, from the date of conclusion of the contract, without giving any reasons.
2. In order to exercise his right of withdrawal, the consumer shall focus on the reasonable and clear instructions provided by the operator in the offer and/or at the latest in the delivery.
Article 7 - Costs in the event of revocation
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1. If the consumer exercises his right of withdrawal, the cost of return shall not exceed the cost of his return.
2. If the consumer has paid an amount, the entrepreneur shall refund the amount As soon as possible, but not later than 14 days after revocation. However, the condition is that the product has already been received back by the web retailer or that proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer unless the consumer expressly authorizes another payment method.
3. In the event of damage to the product due to improper handling by the consumer himself, the consumer shall be liable for any impairment of the product
4. The consumer cannot be held liable for the depreciation of the product if the trader has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the contract of sale.
Article 8 - exclusion of right of withdrawal
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1. The operator may exclude the right of withdrawal from the consumer for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal shall apply only if the trader has clearly stated this in the offer, at least in time for the conclusion of the contract.
2. The exclusion of the right of withdrawal is only possible for products:
a. produced by the operator in accordance with consumer specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can quickly spoil or age;
e. the price of which is subject to fluctuations in the financial market to which the trader has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal.
h. for hygienic products whose seals have been broken by the consumer.
3. The exclusion of the right of withdrawal is only possible for services:
a. for lodging, transport, restaurant or leisure activities to be carried out on a specified date or during a specified period;
b. the delivery of which began with the explicit consent of the consumer before the period of reflection has expired;
c. on bets and lotteries.