General terms of sale Decoration(Set) Shop Kohl



Table of contents



Article 1 - Definitions

Article 2 - Identity of the company

Article 3 - Field of application

Article 4 - The offer

Article 5 - The agreement(convention)

Article 6 - Right to withdraw

Article 7 - Freshly in case of retraction

Article 8 - Exclusion from the right to withdraw

Article 9 - The price(prize)

Article 10 - Conformity and guarantee

Article 11 - Delivery and execution

Article 12 - long-term Transactions(Deals)

Article 13 - Payment

Article 14 - Management of the complaints

Article 15 - Disputes

Article 16 - complementary(additional) or divergent Capacities(Measures)

Article 1 - Definitions

Under the present conditions, we listen by:

 

1. Time to think:

The period(delay) in the course of which the consumer can use his right of shrinkage;

 

2. Consumer:

The physical person who does not act in the exercise of a profession or an activity and who concludes an agreement at distance with the company;

 

3. In the daytime:

In the daytime calendar;

 

4. Long-term deal:

An agreement at distance concerning a series of products and\or services, the obligation of delivery and\or removal(kidnapping) of which is scattered

In the time;

 

5. Durable input medium:

Any way(means) which allows the consumer or the company to store the information which is personally sent to him(her) in a way

Who allows the future consultation and the reproduction without modification of the stored information.

 

6. Right of cancellation:

The possibility for the consumer to give up the remote agreement(convention) during the time to think.

 

7. Company:

The natural or legal entity which proposes products and/or remote services(departments) to the consumers;

 

8. Remote agreement(convention):

An agreement(convention) by which, within the framework of a system organized by the company for the remote sale of products and/or of services(departments) until

The conclusion of an agreement(convention), we use exclusively one or several techniques of remote communication;

 

9. Technique for the remote communication:

Way(Means) which can be used to conclude an agreement(convention) without the consumer and the company are together in the same room(part,play).

 

Article 2 - Identity of the company

Decoration(Set) Shop Kohl

Road of Liège 118 4710 LONTZEN

Phone number: 32 ( 0 ) 87/78.48.58

E-mail address: info@kohl.be

Number of company: 445.062.031

Number of identification in the VAT: BE 0445.062.031

 

Article 3 - Field of application

1. These general conditions are of application on any offer of the company and on any agreement(convention) concluded at a distance(remotely) between a company and a consumer.

2. Before the remote agreement(convention) is concluded, the text of the present general conditions must be put at the disposal of the consumer. If it turns out impossible for valid reasons, the consumer will be warned before the remote agreement(convention) is concluded that the general conditions can be consulted in the company and before they will be passed on to(transmitted) him(her) in his(her) demand(request), as quickly as possible and free of charge.

3. If the remote agreement(convention) is concluded in a electronic way, the text of the general conditions can, contrary to the previous paragraph and before the conclusion of the remote agreement(convention), be given to the consumer by electronic way, so that the consumer can register(record) him(it) simply on a long-lasting(sustainable) data medium. If it turns out impossible for valid reasons, the consumer must be warned before the remote agreement(convention) is concluded, of the place where he can acquaint with general conditions by electronic way as well as where the latter will be sent to him(her), at his/her request, free of charge by electronic way or of any other way.

4. In case, besides these general conditions, conditions specific to products or to services(departments) are applicable, the second and third paragraphs of the present agreement(convention) are applicable, and the consumer can, in case of contradictory general conditions, call upon the arrangement(measure) of application which is most favorable to him(her).

 

Article 4 - The offer

1. When an offer has a duration of limited validity or is subjected(submitted) to conditions, she(it) contains the express mention(distinction).

2. The offer contains a complete and precise description of products and/or proposed services(departments). The description is enough retailed to allow the consumer to estimate him(it) correctly. If the company uses illustrations, the latter are a faithful reproduction of products and/or proposed services(departments). The errors or the obvious faults in the offer do not bind(connect) the company.

3. Every offer contains information such as they allow the consumer to determine clearly which are the rights and the obligations(bonds) which are bound(connected) to the acceptance of the offer. It is a question in particular:

- Of the price(prize) including taxes;

- Possible expenses of delivery;

- In the way the agreement(convention) is going to arise and from necessary actions(shares) for that purpose;

- Of the application or not the right to withdraw;

- Of the method of payment, delivery and execution of the agreement(convention);

- Of the deadline(extension) of acceptance of the offer, as well as the deadlines(extensions) in which the company guarantees the price(prize).

- Of the amount of the price list(rate) for the remote communication if the expenses of the use of the technique for the remote communication are calculated on another base(basis) than regular basic price list(basic rate) for the used mode of communication;

- If the agreement(convention) is archived after its signature and if yes, how the consumer can consult her(it);

- In the way the consumer, before concluding the agreement(convention), can check(control) and if he wishes, rectify the data supplied by himself(herself) within the framework of the agreement(convention);

- Other possible languages(tongues) in which the agreement(convention) can be concluded, besides French;

- Codes of conduct to which the company submitted itself and in the way the consumer can consult these codes of conduct by the electronic way;

- And of the minimal duration of the remote agreement(convention) in case of long-term transaction(deal).

 

Article 5 - The agreement(convention)

1. The agreement(convention) is concluded, subject to provisions of paragraph 4, as the consumer accepts the offer and respects the conditions which are fixed to it.

2. If the consumer accepted the offer by the electronic way, the company confirms immediately by electronic way the reception of the acceptance of the offer. As long as the reception of this acceptance is not confirmed by the company, the consumer can cancel the agreement(convention).

3. If the agreement(convention) is electrically created, the company takes the technical and organizational measures adapted to protect the electronic transfer of data and she watches a secure Internet environment. If the consumer can pay electrically, the company will take into account security measures adapted for that purpose.

4. L'entreprise peut, dans les limite légales, s'informer des capacités de paiement du consommateur, ainsi que des faits et facteurs importants versent la conclusion la responsable d'une la distance de la convention à. Si l'entreprise, sur base la de cette enquête, de bons motifs de ne réceptionnaire de primauté convention la, il droit de refuser une commande ou une demande de manière motivée ou d'assortir l'exécution convention de la de certaines conditions.

5. L'entreprise transmettra au consommateur avec produit ou service l'information suivante, le pair écrit ou de manière à ce qu'elle puisse être stockée de manière le pair accessible consommateur sur l'ONU supporte(soutient) de données durable :

a. L'adresse de visite de l'implantation de l'entreprise où consommateur peut s'adresser en cas de plaintes;

B. The conditions of appeal(recourse) to the right to withdraw as well as the procedure to be applied in this case, as well as a clear statement(declaration) concerning the exclusions from the right to withdraw;

C. The information about guarantees and existing after-sales service;

D. The data mentioned in the paragraph 3 of the article 4 of the present conditions, unless the company has already passed on(already transmitted) these data to the consumer before the execution of the agreement(convention);

E. The requirements of termination of the agreement(convention) if the agreement(convention) has a duration of more than year or is concluded for indefinite duration.

6. In case of the long-term transaction(deal), the provision of previous paragraph is only of application on the first delivery.

 

Article 6 - Right to withdraw

During the delivery of products:

1. During the purchase of products, the consumer has the possibility of giving up the agreement(convention) during 14 days without having to motivate his renunciation. This time to think comes into effect the day following the reception of the product by the consumer or by the representative indicated(appointed) beforehand by himself(herself) and communicated with the company.

2. During the time to think, the consumer will treat(manipulate) the product and the packaging with the biggest possible care. He(it) will unpack(display) and will use only the product as far as it turns out to be necessary to be able to determine if he wishes to keep(preserve) him(it). If he(it) makes use of his(its) right to withdraw, he(it) will turn(return) the product in

The company with the delivered accessories and, so reasonably possible, in the state and the original packing, according to the clear and reasonable instructions supplied by the company. During the delivery of services(departments):

3. During the delivery of services(departments), the consumer has the possibility of dissolving the agreement(convention) without having to give the motives during at least fourteen beginning days when the agreement(convention) is concluded.

4. To be able to use his right to withdraw, the consumer will respect the clear and reasonable instructions supplied by the company during the offer and/or at the latest during the delivery.

Article 7 - Freshly in case of retraction

1. If the consumer uses his right to withdraw, only the expenses of forwarding will be at his/her expense(under his/her responsibility).

2. If the consumer paid an amount, the company will pay off to him(her) this amount as quickly as possible, and at the latest in 30 days following the forwarding or the shrinkage.

 

Article 8 - Exclusion from the right to withdraw

1. The company can exclude the right to withdraw of the consumer as far as planned in paragraphs 2 and 3 The exclusion from the right to withdraw applies only if the company clearly mentioned him(it) in the offer, in any case enough time(weather) before the conclusion of the agreement(convention).

 

2. The exclusion from the right to withdraw is only possible for products:

A. Which(who) are created by the company according to the specifications of the consumer;

B. Which(who) are clearly of personal nature;

C. Who due to their nature, cannot be forwarded; d. who can die or age quickly;

E. Whose price(prize) is bound(connected) to variations on the financial market on which the company has no influence;

F for newspapers and magazines;

G. For the audio and video recordings and the computing software the consumer of which broke the seal.

 

3. The exclusion from the right to withdraw is only possible for the services(departments):

A. Concerning an accommodation(housing), a transport, a restoration(catering) or a spare time in a determined date or during a determined period;

B. Whose delivery began with the express agreement of the consumer before the time(weather) of reflection is sold;

C. Concerning bets and lotteries.

 

Article 9 - The price(prize)

1. During the duration of validity mentioned in the offer, the prices(prizes) of products and/or proposed services(departments) will not be increased, except valuable modifications further to changes in price lists(rates) VAT.

2. Contrary to the previous paragraph, the company can propose, at variable prices(prizes), products or services(departments) the prices(prizes) of which are bound(connected) to the variations on the financial market or on whom(which) the company has no influence. This connection in the variations and the fact that the possibly mentioned prices(prizes) are indicative prices, are mentioned in the offer.

3. Rises in prices in 3 months according to the date in which the agreement(convention) is concluded are only authorized if they are the consequence of rules(rulers) or legal requirements.

4. Rises in prices occurring(speaking) from 3 months after the conclusion of the agreement(convention) are only authorized if the company stipulated them and:

A. If they are the consequence of rules(rulers) or legal requirements;

B. The consumer has the possibility of cancelling the agreement from the day of the beginning of the valuable increase.

5. The prices mentioned in the offer of products and services get included VAT.

 

Article 10 - Correspondence and guaranteed

1. The company has to watch that products and\or services are in accordance with the agreement, with the specifications mentioned in the offer, with the reasonable requirements of validity and\or ease of use and with the legal capacities and\or the prescriptions of the public authorities. If agreed, the company is also responsible if the product is adapted for another custom(usage) than normal custom(usage).

2. A guarantee was supplied by the company, the manufacturer or the importer limits not at all the legal rights and the actions which the consumer can exploit against the company on the basis of the agreement.

Article 11 - Delivery and execution

1. The company will lend the biggest care possible for the reception and for the execution of the commands(orders) of products and for the evaluation of the demands of provision of services.

2. The place of delivery is the address which the consumer communicated to the company.

3. By taking into account mentions on this matter being in the article 4 of the present general conditions, the company will execute the commands(orders) accepted with the necessary diligence and at the latest in 30 days except when a longer delivery period agreed. If the realization of the command(order) is delayed or if a command(order) cannot be even partially executed, the consumer is warned of it at the latest 30 days having placed the order. The consumer has in that case the right to dissolve the free of charge agreement and to receive a reparation of damage-interest.

4. In case of dissolution according to the previous article, the company will pay off the amount paid by the consumer as quickly as possible, and at the latest in 30 days following the dissolution.

5. If the delivery of a commanded(ordered) product turns out impossible, the company will implement(operate) everything to put an article of replacement in arrangement. At the latest during the delivery, it will be mentioned in a clear and understandable way that an article of replacement is delivered. In case of goods(articles) of replacement, the right of retraction cannot be excluded. The expenses of possible forwarding are responsible for the company.

6. The risk of damage and\or loss of products rests(bases) on the company until the moment of delivery to the consumer or to the representative indicated(appointed) beforehand and indicated to the company, except different express agreement.

7. The delivery of the goods will be made after reception of the payment.

 

Article 12 - long-term Deals

1. The consumer can cancel at any time an agreement concluded in indefinite duration by taking into account agreed rules of termination for that purpose and a term of notice of month in most.

2. An agreement concluded for definite duration has a duration of two years at most. If it was advisable that in the absence of reaction of the consumer, the agreement at distance will tacitly be prolonged, the agreement will be seen out in agreement in indefinite duration and the term of notice after this continuation of the agreement will be of month at most.

Article 13 - Payment

1. In the absence of different agreement, amounts owed by the consumer must be paid in 14 days according to the beginning of the time to think aimed at the article 6, the paragraph 1. In the case of an agreement of provision of a service, this period(delay) begins when the consumer received confirmation of the agreement.

2. In case of sale of products to the consumers, the general conditions can never impose a deposit of more than 50 %. When the deposit is compulsory, the consumer can exploit no right concerning the execution of the command(order) or of (of the) service (s) concerned (s) before the payment of the compulsory deposit.

3. The consumer has the duty to indicate inaccuracies in the data of payment mentioned or supplied immediately to the company.

4. In case of delay in payments of the consumer, the company has the right, subject to the legal limitations, to charge to the consumer of the communiqué reasonable expenses beforehand.

 

Article 14 - Management of the complaints

1. The company has a procedure of complaints enough known and treat(handle) the complaint according to this procedure.

2. The complaints on the execution of the agreement must be introduced for the valid period(delay), in a complete way and with enough details to the company, as soon as the consumer noticed the neglects.

3. The complaints introduced with the company are treated within 14 days calculated from the date of reception. If a complaint asks for time of longer treatment, the company answers within 14 days by an acknowledgment of reception and indicates when the consumer can expect a more detailed(retailed) answer.

4. If the complaint cannot be amicably resolved, a dispute will be created and it will be taken into account for the regulation(payment) of the disputes.

 

Article 15 - Disputes

1. On the agreements concluded between the company and the consumer, and which are governed by the present general conditions, only right(straight) Dutch is of application.

 

Article 16 - additional or divergent Capacities

The additional or divergent capacities on these general conditions cannot disadvantage the consumer and must be determined in writing in a way that the consumer can store them in a accessible way in a durable input medium.

 

 

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