General

General Terms and Conditions

Download the general terms and conditions here

Thuiswinkel – Consumers

Table of contents

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Ancillary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
  2. Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
  3. Consumer: a natural person who is acting for purposes outside their trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Continuing performance agreement: an agreement for the regular supply of goods, services and/or digital content over a specified period;
  7. Durable medium: any tool, including email, that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose of the information and permits unchanged reproduction of the stored information;
  8. Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
  9. Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, access to digital content and/or services to consumers at a distance;
  10. Distance contract: an agreement concluded between the trader and the consumer as part of an organised distance sales system for products, digital content and/or services, under which one or more means of distance communication are used exclusively or partly up to and including the conclusion of the agreement;
  11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I need not be provided when the consumer has no right of withdrawal in respect of the order;
  12. Means of distance communication: a means that may be used to conclude an agreement without the consumer and trader being physically present in the same place at the same time.

Article 2 – Identity of the trader

KLIUM NV
Ekkelgaarden 26
3500 Hasselt
Belgium

Telephone number: 0032 (0)3 74 000 41 (weekdays from 09:00 to 16:00)
Email address: [email protected]
Chamber of Commerce number: 59217367
Belgian VAT number: BE0866903252

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
  2. 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 trader will, before the distance contract is concluded, indicate how the general terms and conditions may be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, notwithstanding the preceding 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 trader will indicate, before the distance contract is concluded, where the general terms and conditions may be consulted electronically and that they will be sent to the consumer electronically or by other means free of charge upon request.
  4. If specific product or service terms and conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis, and in the event of conflicting terms the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 – The offer

  1. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the trader uses images, these provide a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
  3. Each offer contains sufficient information to make clear to the consumer the rights and obligations attached to accepting the offer.

Article 5 – The agreement

  1. Subject to paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfils the conditions stipulated in that offer.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may terminate the agreement.
  3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the trader will also take appropriate security measures for that purpose.
  4. Within the limits of the law, the trader may obtain information about the consumer’s ability to meet payment obligations and about all facts and factors relevant to responsibly entering into the distance contract. If this investigation gives the trader sound reasons not to enter into the agreement, the trader may refuse an order or application, stating the reasons, or attach special conditions to its performance.
  5. No later than upon delivery of the product, service or digital content to the consumer, the trader will provide the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:
    1. the visiting address of the trader’s business location where the consumer may submit complaints;
    2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal;
    3. information about guarantees and existing after-sales service;
    4. the price of the product, service or digital content, including all taxes;
    5. the requirements for terminating the agreement;
    6. the model withdrawal form.
  6. For a continuing performance transaction, the provision in the preceding paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products

  1. The consumer may withdraw from an agreement relating to the purchase of a product without giving reasons during a cooling-off period of at least 14 days. The trader may ask the consumer for the reason for withdrawal but may not require the consumer to provide one or more reasons.
  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
    1. if the consumer ordered several products in a single order: the day on which the consumer, or a third party designated by the consumer, received the last product. Provided the consumer was clearly informed before the ordering process, the trader may refuse an order containing several products with different delivery times.
    2. if a product is delivered in several consignments or parts: the day on which the consumer, or a third party designated by the consumer, received the final consignment or final part;
    3. for agreements for the regular delivery of products during a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.

For services and digital content not supplied on a tangible medium

  1. The consumer may withdraw from a service agreement and from an agreement for the supply of digital content not supplied on a tangible medium without giving reasons during a period of at least 14 days. The trader may ask the consumer for the reason for withdrawal but may not require the consumer to provide one or more reasons.
  2. The cooling-off period referred to in paragraph 3 starts on the day after the agreement is concluded.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium when information about the right of withdrawal has not been provided

  1. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
  2. If the trader provides the consumer with the information referred to in the preceding paragraph within twelve months after the original cooling-off period began, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Consumer obligations during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer may unpack or use the product only to the extent necessary to establish its nature, characteristics and operation. The basic principle is that the consumer may handle and inspect the product only as they would be permitted to do in a shop.
  2. The consumer is liable only for any reduction in the value of the product resulting from handling that goes beyond what is permitted under paragraph 1.
  3. The consumer is not liable for any reduction in the value of the product if the trader failed to provide all legally required information about the right of withdrawal before or when the agreement was concluded.

Article 8 – Exercise of the right of withdrawal by the consumer and the associated costs

  1. If the consumer exercises the right of withdrawal, the consumer will notify the trader within the cooling-off period by using the model withdrawal form or by making another unequivocal statement.
  2. As soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to the trader or its authorised representative. This is not required if the trader has offered to collect the product. The consumer has in any event complied with the return period if the product is sent back before the cooling-off period expires.
  3. The consumer will return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
  4. The consumer bears the risk and burden of proof for the correct and timely exercise of the right of withdrawal.
  5. The consumer bears the direct cost of returning the product. If the trader did not inform the consumer that the consumer must bear these costs, or if the trader states that it will bear them, the consumer does not have to pay the return costs.
  6. If the consumer withdraws after expressly requesting that performance of a service or the supply of gas, water or electricity not prepared for sale in a limited volume or specified quantity begin during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the obligation performed by the trader at the time of withdrawal compared with full performance of the obligation.
  7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not prepared for sale in a limited volume or specified quantity, or for the supply of district heating, if:
    1. the trader did not provide the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal or the model withdrawal form; or
    2. the consumer did not expressly request that performance of the service or the supply of gas, water, electricity or district heating begin during the cooling-off period.
  8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:
    1. the consumer did not expressly consent, before delivery began, to performance of the agreement commencing before the end of the cooling-off period;
    2. the consumer did not acknowledge that granting consent would result in the loss of the right of withdrawal; or
    3. the trader failed to confirm this declaration by the consumer.
  9. If the consumer exercises the right of withdrawal, all ancillary agreements are terminated by operation of law.

Article 9 – Obligations of the trader in the event of withdrawal

  1. If the trader enables the consumer to submit a withdrawal notification electronically, the trader will immediately send an acknowledgement of receipt after receiving that notification.
  2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and no later than 14 days after the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product, the trader may withhold reimbursement until it has received the product or until the consumer provides evidence that the product has been returned, whichever occurs first.
  3. The trader will use the same payment method for reimbursement as the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
  4. If the consumer chose a more expensive delivery method than the least expensive standard delivery, the trader does not have to reimburse the additional cost of the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if this was clearly stated in the offer or, at the latest, in good time before the agreement was concluded:

  1. Products or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur during the withdrawal period;
  2. Agreements concluded at a public auction. A public auction means a sales method under which products, digital content and/or services are offered by the trader to a consumer who attends or is given the opportunity to attend the auction in person, under the direction of an auctioneer, and under which the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements after the service has been fully performed, but only if:
    1. performance began with the consumer’s express prior consent; and
    2. the consumer declared that the right of withdrawal would be lost once the trader had fully performed the agreement;
  4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
  5. Service agreements for the provision of accommodation, other than for residential purposes, goods transport, car rental services and catering, if the agreement specifies a date or period for performance;
  6. Agreements relating to leisure activities if the agreement specifies a date or period for performance;
  7. Products made to the consumer’s specifications that are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or that are clearly personalised;
  8. Products that spoil quickly or have a limited shelf life;
  9. Sealed products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  10. Products that, by their nature, have been irrevocably mixed with other products after delivery;
  11. Alcoholic beverages whose price was agreed when the agreement was concluded but whose delivery can take place only after 30 days, and whose actual value depends on market fluctuations over which the trader has no control;
  12. Sealed audio recordings, video recordings and computer software whose seal has been broken after delivery;
  13. Newspapers, periodicals or magazines, except subscriptions to them;
  14. The supply of digital content other than on a tangible medium, but only if:
    1. performance began with the consumer’s express prior consent; and
    2. the consumer declared that this would result in the loss of the right of withdrawal.

Article 11 – The price

  1. During the validity period 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.
  2. Notwithstanding the preceding paragraph, the trader may offer products or services at variable prices if those prices depend on fluctuations in the financial market over which the trader has no control. This dependence on fluctuations and the fact that any stated prices are indicative prices will be specified in the offer.
  3. Price increases within three months after the agreement is concluded are permitted only if they result from statutory rules or provisions.
  4. Price increases from three months after the agreement is concluded are permitted only if the trader has stipulated this and:
    1. they result from statutory rules or provisions; or
    2. the consumer has the right to terminate the agreement with effect from the date on which the price increase takes effect.
  5. The prices stated in the offer for products or services include VAT.

Article 12 – Performance of the agreement and additional guarantee

  1. The trader warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.
  2. Any additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to perform its part of the agreement.
  3. An additional guarantee means any undertaking by the trader, its supplier, importer or manufacturer under which the consumer is granted certain rights or claims that go beyond the rights or claims the consumer has by law if that party has failed to perform its part of the agreement.

Article 13 – Delivery and performance

  1. The trader will exercise the greatest possible care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address provided by the consumer to the trader.
  3. Subject to the provisions of Article 4 of these general terms and conditions, the trader will fulfil accepted orders with due speed and no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed or an order cannot be fulfilled or can be fulfilled only in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and may be entitled to compensation.
  4. After termination in accordance with the preceding paragraph, the trader will promptly refund the amount paid by the consumer.
  5. The risk of damage to and/or loss of products remains with the trader until delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination

  1. The consumer may terminate at any time an agreement of indefinite duration for the regular delivery of products, including electricity, or services, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate at any time, at the end of its fixed term, an agreement of fixed duration for the regular delivery of products, including electricity, or services, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the preceding paragraphs:
    1. at any time and may not be restricted to termination at a particular time or during a particular period;
    2. at least in the same manner as the agreement was entered into; and
    3. with the same notice period as the trader has stipulated for itself.

Renewal

  1. An agreement of fixed duration for the regular delivery of products, including electricity, or services may not be tacitly renewed or extended for a fixed period.
  2. Notwithstanding the preceding paragraph, an agreement of fixed duration for the regular delivery of daily newspapers, newspapers, weekly publications and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer may terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
  3. An agreement of fixed duration for the regular delivery of products or services may be tacitly renewed for an indefinite period only if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months where the agreement concerns the regular, but less than monthly, delivery of daily newspapers, newspapers, weekly publications and magazines.
  4. A limited-duration agreement for the regular introductory delivery of daily newspapers, newspapers, weekly publications and magazines as a trial or introductory subscription will not continue tacitly and ends automatically at the end of the trial or introductory period.

Duration

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

Article 15 – Payment

  1. Unless otherwise provided in the agreement or additional terms and conditions, amounts owed by the consumer must be paid within 14 days after the cooling-off period begins or, if no cooling-off period applies, within 14 days after the agreement is concluded. For an agreement for the provision of a service, this period starts on the day after the consumer receives confirmation of the agreement.
  2. For the sale of products to consumers, general terms and conditions may never require the consumer to make an advance payment of more than 50%. If advance payment has been agreed, the consumer may not assert any rights regarding performance of the relevant order or service until the agreed advance payment has been made.
  3. The consumer must immediately notify the trader of any inaccuracies in the payment details provided or stated.
  4. If the consumer fails to meet one or more payment obligations on time, after the trader has informed the consumer of the late payment and has granted a period of 14 days to meet those obligations, the consumer will owe statutory interest on the outstanding amount if payment is not made within that 14-day period. The trader may also charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of 15% on outstanding amounts up to € 2,500, 10% on the next € 2,500 and 5% on the next € 5,000, subject to a minimum of € 40. The trader may deviate from these amounts and percentages in favour of the consumer.
  5. AfterPay manages the entire deferred-payment process for Klium. This means that you will receive a digital invoice from AfterPay by email to pay for the purchased product or products. When using AfterPay for the first time, you can pay Klium by digital invoice up to an amount of € 200. If you are already known to AfterPay, you can pay up to € 400. AfterPay performs a data check before approving your request to pay by invoice. AfterPay applies a strict privacy policy as described in its privacy statement. If your request to pay by invoice is unexpectedly not authorised, you can of course pay for the product using another payment method. For questions, you can always contact AfterPay. For more information, please see the consumer section of the AfterPay website.

Article 16 – Complaints procedure

  1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with that procedure.
  2. Complaints about performance of the agreement must be submitted to the trader within a reasonable period after the consumer has identified the defects and must be described fully and clearly.
  3. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
  4. A complaint about a product, service or the trader’s service may also be submitted using a complaints form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent both to the trader concerned and to Thuiswinkel.org.
  5. The consumer must in any event allow the trader four weeks to resolve the complaint by mutual consultation. After this period, a dispute arises that may be dealt with under the dispute resolution procedure.

Article 17 – Disputes

  1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. If the trader directs its activities to the country in which the consumer resides, the consumer may also always invoke the mandatory consumer protection law of that country.
  2. Disputes between the consumer and the trader about the formation or performance of agreements relating to products and services supplied or to be supplied by the trader may, subject to the provisions below, be submitted by either the consumer or the trader to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP The Hague (www.sgc.nl).
  3. The Disputes Committee will consider a dispute only if the consumer first submitted the complaint to the trader within a reasonable period.
  4. If the complaint does not result in a solution, the dispute must be submitted to the Disputes Committee in writing, or in another form determined by the Committee, no later than 12 months after the date on which the consumer submitted the complaint to the trader.
  5. If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by that choice. The consumer should preferably notify the trader first.
  6. If the trader wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks after receiving a written request from the trader whether the consumer also wishes this or instead wants the dispute to be heard by the competent court. If the trader does not receive the consumer’s choice within five weeks, the trader may submit the dispute to the competent court.
  7. The Disputes Committee issues decisions subject to the conditions set out in its regulations (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee take the form of binding advice.
  8. The Disputes Committee will not consider a dispute, or will discontinue its consideration, if the trader has been granted a suspension of payments, has become bankrupt or has effectively ceased its business activities before the dispute has been heard at a session of the Committee and a final decision has been issued.
  9. If, in addition to the Thuiswinkel Disputes Committee, another recognised disputes committee or a disputes committee affiliated with the Dutch Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Thuiswinkel Disputes Committee will preferably have jurisdiction over disputes that mainly concern the method of distance selling or service provision. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid will have jurisdiction.

Article 18 – Industry guarantee

  1. Thuiswinkel.org guarantees compliance by its members with binding advice issued by the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to a court for review within two months after it was sent. This guarantee is reinstated if the binding advice remains in force after judicial review and the resulting judgment has become final and binding. Thuiswinkel.org will pay the consumer an amount of up to € 10,000 per binding advice. If the amount awarded under the binding advice exceeds € 10,000, Thuiswinkel.org will pay € 10,000. For the excess amount, Thuiswinkel.org has a best-efforts obligation to ensure that the member complies with the binding advice.
  2. To rely on this guarantee, the consumer must submit a written claim to Thuiswinkel.org and assign the claim against the trader to Thuiswinkel.org. If the claim against the trader exceeds € 10,000, the consumer will be offered the option of assigning the portion above € 10,000 to Thuiswinkel.org, after which that organisation will seek payment in court in its own name and at its own expense for the benefit of the consumer.

Article 19 – Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.

Article 20 – Amendment of the Thuiswinkel General Terms and Conditions

  1. Amendments to these terms and conditions take effect only after they have been published in an appropriate manner, provided that, where amendments apply during the term of an offer, the provision most favourable to the consumer will prevail.

Thuiswinkel.org

www.thuiswinkel.org

Horaplantsoen 20, 6717 LT Ede

PO Box 7001, 6710 CB Ede

Model withdrawal form (Download here)

(complete and return this form only if you wish to withdraw from the agreement)

To: [Name of trader]
  [Geographical address of trader]
  [Fax number of trader, if available]
  [Email address or electronic address of trader]

I/We* hereby give notice that I/we* withdraw from my/our* agreement concerning

  • the sale of the following products: [description of product]*
  • the supply of the following digital content: [description of digital content]*
  • the performance of the following service: [description of service]*,

withdraw from the agreement*

Ordered on*/received on* [date of order for services or receipt for products]

[Name of consumer(s)]

[Address of consumer(s)]

[Signature of consumer(s)] (only if this form is submitted on paper)

* Delete as appropriate or complete as applicable.

Additional terms and conditions – Klium commercial guarantee

Duration and commencement

All items sold by KLIUM are covered by the statutory guarantee. The statutory guarantee means that a product is or must do what the consumer may reasonably expect from it. In addition to the statutory guarantee, KLIUM provides the Consumer with a commercial guarantee for electric tools and machines. The manufacturer’s or brand guarantees covered by this commercial guarantee and any additional seller’s or KLIUM guarantee do not affect the statutory guarantee.

To claim this additional commercial guarantee, the Consumer must register the purchase of the electric tool or machine with the relevant manufacturer. By registering the purchase with the manufacturer, the Consumer receives an additional manufacturer’s or brand guarantee of one (1) year from that manufacturer. After that year, the Consumer benefits from an additional two (2) years of seller’s or Klium guarantee. Every Consumer automatically receives the two (2) years of KLIUM guarantee once the purchase has been registered with the manufacturer. The Consumer therefore does not need to take any further action.

During the two additional years of the Klium guarantee, KLIUM applies the same guarantee conditions as the manufacturer, unless otherwise stipulated in the sales document, advertising or labelling. The commercial guarantee period starts on the date on which the statutory guarantee period expires.

Repair and replacement

For the Consumer to rely on the commercial guarantee offered, the following conditions must be met:

a) The purchase concerns an electric tool or machine from one of the following brands: Bosch, Dewalt, Fein, Festool, Hitachi/Hikoki, Makita, Metabo, Milwaukee and Spit.

b) The purchase was registered with the relevant manufacturer on time.

c) The purchase was made after 02/07/2018. Consumers who made a purchase before that date cannot rely on the commercial guarantee.

d) At KLIUM’s request, the Consumer must present the current guarantee agreement together with the order confirmation and proof of payment.

Conditions of application

Identified defects will be remedied free of charge within a reasonable period, either by repair or by replacement of the relevant parts. The resulting costs, including transport costs, call-out costs, labour costs and the cost of parts, are borne by KLIUM. Replaced parts or devices become the property of KLIUM. Unlike the statutory guarantee period, the guarantee period is not extended by guarantee work or replacement deliveries under the commercial guarantee.

The guarantee does not provide any further right to compensation from KLIUM, unless the Consumer can demonstrate that the technician authorised by KLIUM and assigned to the work acted intentionally or with gross negligence. The commercial guarantee does not cover the supply of consumables or accessories.

Limitations of the commercial guarantee

The Consumer cannot claim under the commercial guarantee for defects and malfunctions resulting from:

a) incorrect setup or installation, for example failure to observe applicable safety regulations or the instructions in the operating, installation and assembly manual, improper use, or incorrect operation or loading;

b) external influences, such as transport damage, damage caused by impact or striking, weather-related damage or other natural phenomena;

c) repairs and modifications carried out by service organisations that have not been trained and authorised by KLIUM for such work;

d) parts that wear depending on the nature and intensity of use;

e) current and voltage fluctuations outside the tolerance range specified by the manufacturer;

f) failure to perform maintenance and cleaning work in accordance with the operating instructions.

Thuiswinkel Business

Table of contents

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Day: calendar day;
  2. Digital content: data produced and supplied in digital form;
  3. Continuing performance agreement: an agreement for the regular supply of goods, services and/or digital content over a specified period;
  4. Durable medium: any tool, including email, that enables the customer or trader to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose of the information and permits unchanged reproduction of the stored information;
  5. Customer: the natural or legal person acting in the course of their profession or business;
  6. Trader: the natural or legal person who offers products, access to digital content and/or services to customers at a distance;
  7. Distance contract: an agreement concluded between the trader and the customer as part of an organised distance sales system for products, digital content and/or services, under which one or more means of distance communication are used exclusively or partly up to and including the conclusion of the agreement;
  8. In writing: In these general terms and conditions, “in writing” also includes communication by email and fax, provided the sender’s identity and the integrity of the email can be established sufficiently.
  9. Means of distance communication: a means that may be used to conclude an agreement without the customer and trader being physically present in the same place at the same time.
  10. Website: the trader’s online shop on which products and services are offered for purchase by customers.

Article 2 – Identity of the trader

KLIUM NV
Ekkelgaarden 26
3500 Hasselt
Belgium

Telephone number: 0032 (0)3 74 000 41 (weekdays from 09:00 to 16:00)
Email address: [email protected]
Chamber of Commerce number: 027303384
Belgian VAT number: BE0866903252

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the customer.
  2. If the customer includes provisions or conditions in an order, confirmation or communication containing acceptance that deviate from or do not appear in these general terms and conditions, they bind the trader only if and to the extent that the trader has expressly accepted them in writing.
  3. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the trader will, before the distance contract is concluded, indicate how the general terms and conditions may be inspected at the trader’s premises and that they will be sent to the customer free of charge as soon as possible upon request.
  4. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that the customer can easily store it on a durable medium. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the general terms and conditions may be consulted electronically and that they will be sent to the customer electronically or by other means free of charge upon request.
  5. If specific product or service terms and conditions apply in addition to these general terms and conditions, paragraphs 3 and 4 apply mutatis mutandis, and in the event of conflicting terms the customer may always rely on the applicable provision that is most favourable to them.
  6. If a provision in these general terms and conditions proves to be void, this does not affect the validity of the remaining terms and conditions. In that case, the parties will adopt one or more replacement provisions that reflect the intention of the original provision as closely as legally possible.

Article 4 – The offer

  1. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the customer to assess the offer properly. If the trader uses images, these provide a true representation of the products, services and/or digital content offered.
  3. The website content and the offer have been compiled with the greatest possible care. However, the trader cannot guarantee that all information on the website is accurate and complete at all times. All prices, offers and other information on the website and in other materials originating from the trader are therefore subject to obvious programming and typographical errors.

Article 5 – The agreement

  1. The agreement is concluded when the customer accepts the offer and fulfils the conditions stipulated in that offer.
  2. If the customer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the trader, the customer may terminate the agreement.
  3. If an offer is accepted by the customer, the trader has the right to revoke the offer within three working days after receiving the acceptance. The trader will immediately notify the customer of such revocation.
  4. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment. If the customer can pay electronically, the trader will also take appropriate security measures for that purpose.
  5. If it appears that the customer provided incorrect information when accepting or otherwise entering into the agreement, the trader has the right to perform its obligations only after receiving the correct information.
  6. Within the limits of the law, the trader may obtain information about the customer’s ability to meet payment obligations and about all facts and factors relevant to responsibly entering into the distance contract. If this investigation gives the trader sound reasons not to enter into the agreement, the trader may refuse an order or application or attach special conditions to its performance. If the trader refuses the application or attaches special conditions on the basis of the investigation, it will inform the customer as soon as possible and no later than three days after the agreement was concluded, stating the reasons.

Article 6 – The price

  1. All prices stated on the website and in other materials originating from the trader exclude VAT, unless indicated otherwise, and, unless otherwise stated on the website, exclude other government-imposed charges.
  2. Notwithstanding the preceding paragraph, the trader may offer products or services at variable prices if those prices depend on fluctuations in the financial market over which the trader has no control. This dependence on fluctuations and the fact that any stated prices are indicative prices will be specified in the offer.
  3. From two weeks after the agreement is concluded, the trader has the right to change the agreed prices. A customer who does not agree with the change has the right to terminate the agreement without incurring any costs charged by the trader.
  4. Any additional costs, such as delivery and payment costs, are stated on the website and in any event shown during the ordering process.

Article 7 – Performance of the agreement and additional guarantee

  1. The trader warrants that the products, services and digital content comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded.
  2. If the delivered product, service or digital content does not conform to the agreement because it is delivered with a defect or deficiency, the customer must notify the trader no later than three working days after the customer could reasonably have discovered this. If the customer fails to do so, the customer can no longer claim any repair, replacement, compensation and/or refund in respect of that defect.
  3. If the Trader considers a complaint justified, the relevant products will, after consultation with the customer, be repaired, replaced or reimbursed in full or in part. The Trader may refer the customer to a manufacturer or supplier.
  4. If the customer returns products on the basis of this article, the customer may return the products. If prepaid amounts are to be refunded, the trader will refund those amounts within 30 days after receiving the products.
  5. Manufacturers and/or suppliers may provide their own guarantees. These guarantees are not provided by the trader. If the trader chooses to do so, it may assist the customer in invoking those guarantees.

Article 8 – Delivery and performance

  1. As soon as the trader receives the order, it will send the products as soon as possible, subject to paragraph 3 of this article.
  2. The trader may engage third parties to perform obligations arising from the agreement.
  3. The delivery period is in principle 30 days, unless the website or the agreement clearly states otherwise. The trader chooses the carrier.
  4. If the trader cannot deliver the products within the agreed period, it will notify the customer and state the expected new delivery period. The customer then has the right to terminate the agreement and is also entitled to compensation for damage resulting from late delivery or non-delivery up to a maximum of one times the purchase price, if the late delivery or non-delivery is due to intentional conduct or gross negligence by the trader. Immediately after receiving the trader’s notification of late delivery or non-delivery, the customer must inform the trader whether the customer still wants performance of the agreement or wishes to terminate it.
  5. Unless expressly agreed otherwise, the risk in the products to be delivered passes to the customer once they have been delivered to the stated delivery address. If the customer decides to collect the products, the risk passes when the products are handed over.
  6. If the customer or a third party designated by the customer is not present at the delivery address at the agreed delivery time to receive the products, the trader may take the products back. At additional cost, the trader will offer the products to the customer again at another time and/or on another day to be agreed with the customer. If delivery proves impossible, the payment obligation remains in force and any additional costs, including the costs of taking the products back, will be charged to the customer.
  7. If the ordered product is no longer available, the trader will make reasonable efforts to offer the customer a similar product of comparable quality. The customer then has the right to terminate the agreement free of charge.

Article 9 – Continuing performance agreements: duration, termination and renewal

Termination

  1. The customer may terminate at any time an agreement of indefinite duration for the regular delivery of products, including electricity, digital content or services, subject to the agreed termination rules and a notice period of two months.
  2. The customer may terminate at any time, at the end of its fixed term, an agreement of fixed duration for the regular delivery of products, including electricity, digital content or services, subject to the agreed termination rules and a notice period of two months.
  3. The customer may terminate the agreements referred to in the preceding paragraphs in writing.

Renewal

  1. An agreement of fixed duration for the regular delivery of products, including electricity, digital content or services is tacitly renewed for the same duration as originally agreed.
  2. The stated notice periods apply correspondingly to termination by the trader.

Article 10 – Payment

  1. The customer must make payments to the trader using the payment methods stated in the ordering procedure and, where applicable, on the website. The trader is free to choose which payment methods to offer and may change them from time to time. Unless otherwise agreed, a payment period of 14 days applies to payment after delivery, starting on the day after delivery.
  2. If the customer fails to meet one or more payment obligations on time, the customer is immediately in default by operation of law without notice of default being required. The trader has the right to increase the amount due by the statutory interest and may charge and recover from the customer the extrajudicial collection costs it has incurred and any legal costs.

Article 11 – Liability

  1. Except in cases of intentional conduct or gross negligence, the trader’s total liability towards the customer for an attributable failure to perform the agreement is limited to compensation of no more than the price agreed for that Agreement, including VAT. In the case of a continuing performance agreement, this liability is limited to the amount owed by the customer to the trader during the three months preceding the event that caused the damage.
  2. The trader’s liability towards the customer for indirect damage, including but expressly not limited to consequential loss, loss of profit, missed savings, loss of data and loss caused by business interruption, is excluded.
  3. The preceding paragraphs do not apply to damage suffered by the customer when reselling products purchased from the trader to consumers, as a result of those consumers exercising one or more of their statutory rights against the customer due to a defect in those products.
  4. Unless performance is already permanently impossible, the trader’s liability towards the customer for an attributable failure to perform an agreement arises only after the customer has promptly and properly given the trader written notice of default, allowing a reasonable period to remedy the failure, and the trader continues to fail to perform its obligations after that period has expired. The notice of default must describe the failure in as much detail as possible so that the trader can respond adequately.
  5. A condition for any right to compensation is that the customer reports the damage to the trader in writing as soon as possible and no later than 14 days after it arose.
  6. In the event of force majeure, the trader is not required to compensate any damage suffered by the customer as a result.

Article 12 – Retention of title

  1. Until the customer has paid the full agreed amount, all delivered goods remain the property of the Trader.

Article 13 – Complaints procedure

  1. The Trader has a sufficiently publicised complaints procedure and handles complaints in accordance with that procedure.
  2. Complaints about performance of the agreement must be submitted to the trader within a reasonable period after the customer has identified the defects and must be described fully and clearly.
  3. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the customer can expect a more detailed response.

Article 14 – Disputes

  1. Agreements between the trader and the customer to which these general terms and conditions apply are governed exclusively by Dutch law.
  2. If disputes arise from the Agreement that cannot be settled amicably, they will be submitted to the competent court in the district in which the trader is established. The trader and customer may agree to settle their disputes by binding advice or arbitration.

Article 15 – Right of withdrawal

For orders of products up to € 2,500:

  1. The customer may withdraw from an agreement relating to the purchase of a product, up to an amount of € 2,500, without giving reasons during a cooling-off period of at least 14 days. The trader may ask the customer for the reason for withdrawal but may not require the customer to provide one or more reasons.
  2. The cooling-off period referred to in paragraph 1 starts on the day after the customer, or a third party designated in advance by the customer who is not the carrier, has received the product, or:
    1. if the customer ordered several products in a single order: the day on which the customer, or a third party designated by the customer, received the last product. Provided the customer was clearly informed before the ordering process, the trader may refuse an order containing several products with different delivery times.
    2. for agreements for the regular delivery of products during a specified period: the day on which the customer, or a third party designated by the customer, received the first product.
  3. During the inspection period, the customer is expected not to put the product into use.
  4. The customer has no right of withdrawal if the total order value exceeds € 2,500.

Article 16 – Customer obligations during the cooling-off period

  1. During the cooling-off period, the customer will handle the product and its packaging with care. The customer may unpack or use the product only to the extent necessary to establish its nature, characteristics and operation. The basic principle is that the customer may handle and inspect the product only as they would be permitted to do in a shop.

Article 17 – Exercise of the right of withdrawal by the customer and the associated costs

  1. If the customer exercises the right of withdrawal, the customer will notify the trader within the cooling-off period by using the model withdrawal form or by making another unequivocal statement.
  2. As soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1, the customer will return the product or hand it over to the trader or its authorised representative. This is not required if the trader has offered to collect the product. The customer has in any event complied with the return period if the product is sent back before the cooling-off period expires.
  3. The customer will return the product with all supplied accessories, in its original condition and packaging where applicable, and in accordance with the reasonable and clear instructions provided by the trader.
  4. The customer bears the risk and burden of proof for the correct and timely exercise of the right of withdrawal.
  5. The customer bears the direct cost of returning the product.
  6. If the customer exercises the right of withdrawal, all ancillary agreements are terminated by operation of law.

Article 18 – Obligations of the trader in the event of withdrawal

  1. If the trader enables the customer to submit a withdrawal notification electronically, the trader will immediately send an acknowledgement of receipt after receiving that notification.
  2. The trader will use the same payment method for reimbursement as the customer used, unless the customer agrees to another method. The reimbursement is free of charge for the customer.
  3. If the customer chose a more expensive delivery method than the least expensive standard delivery, the trader does not have to reimburse the additional cost of the more expensive method.

Article 19 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if this was clearly stated in the offer or, at the latest, in good time before the agreement was concluded:

  1. Products or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur during the withdrawal period;
  2. Agreements concluded at a public auction. A public auction means a sales method under which products, digital content and/or services are offered by the trader to a customer who attends or is given the opportunity to attend the auction in person, under the direction of an auctioneer, and under which the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements after the service has been fully performed, but only if:
    1. performance began with the customer’s express prior consent; and
    2. the customer declared that the right of withdrawal would be lost once the trader had fully performed the agreement;
  4. Products made to the customer’s specifications that are not prefabricated and are made on the basis of an individual choice or decision by the customer, or that are clearly personalised;
  5. Sealed products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  6. Products that, by their nature, have been irrevocably mixed with other products after delivery;
  7. Sealed audio recordings, video recordings and computer software whose seal has been broken after delivery;

Model withdrawal form

(complete and return this form only if you wish to withdraw from the agreement)

To: [Name of trader]
  [Geographical address of trader]
  [Fax number of trader, if available]
  [Email address or electronic address of trader]

I/We* hereby give notice that I/we* withdraw from my/our* agreement concerning

  • the sale of the following products: [description of product]*
  • the supply of the following digital content: [description of digital content]*
  • the performance of the following service: [description of service]*,

withdraw from the agreement*

Ordered on*/received on* [date of order for services or receipt for products]

[Name of customer(s)]

[Address of customer(s)]

[Signature of customer(s)] (only if this form is submitted on paper)

* Delete as appropriate or complete as applicable.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
PO Box 7001, 6710 CB Ede

deJuristen IT law & intellectual property

© deJuristen IT law & intellectual property (http://www.ictrecht.be). The information provided, including the terms and conditions of sale, privacy statement, cookie statement and disclaimer, is protected by copyright by operation of law and may not be reproduced or communicated without the prior written consent of deJuristen ([email protected]). All applicable intellectual property rights therefore remain reserved.

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