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General Terms

Terms – TekTik BVBA 

Table of Contents:

Article 1 - Definitions
Article 2 - The Entrepreneur's identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of Withdrawal
Article 7 - Obligations of the consumer during this period
Article 8 - Exercise of the right of withdrawal by the consumer and the cost thereof
Article   9 - Obligations of the entrepreneur to revocation
Article 10 - Exclusion of right of withdrawal
Article 11 - The Price
Article 12 - Compliance and Warranty
Article 13 - Delivery and Implementation
Article 14 - Duration Transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional or different terms

Article 1 - Definitions

In these conditions we understand:

  1. Additional agreement: an agreement whereby the consumer products, digital content and/or services in connection with a distance contract and this business, digital content and/or services provided by the operator or by a third party on the basis of an agreement between the third party and the entrepreneur;
  2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer:The natural person not acting for purposes relating to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital Content: this is data which is produced and delivered in digital form;
  6. Duration Agreement: an agreement which extends to the regular delivery of goods, services and/or digital content for a certain period;
  7. Durable data carrier: Each tool - including e-mail - that allow the consumer or operator to provide information that is addressed to him in person, storing it in a way that allows for future consultation or for a period of time adequate for the purpose for which the information is intended, and unaltered reproduction of the information stored;
  8. Right of Revocation: the ability of the consumer to within the cooling-off period of the distance contract;
  9. Entrepreneur: the natural or legal person who products, (access to) digital content and/or services to consumers from a distance;
  10. Distance agreement: an agreement negotiated between the entrepreneur and the consumer is concluded in the framework of an organized system for distance selling of products, digital content and/or services, up to and including the conclusion of the agreement;
  11. Model Form for revocation: the terms and conditions set out in Annex I to this European model form for revocation;
  12. Technology for distance communication: medium that can be used for concluding an agreement without the consumer and trader in the same space need to be met.

Article 2 - The Entrepreneur's identity

BVBA TEKTIK
HELSTSTRAAT 49/4
2630 AARTSELAAR
Belgium

Visiting Address:
HELSTSTRAAT 49/4
2630 AARTSELAAR
Belgium

Phone Number: +32 32 94 75 65
E-mail address: Info@tektik.eu
CBE-number: 0879127331
VAT identification number: BE 0879 127 331

Article 3 - Applicability

  1. These general terms and conditions apply to any offer of the entrepreneur and any agreement reached at a distance between businessmen and consumers.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. 
  3. If the distance contract is electronically closed, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically be made available in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before concluding the distance contract, will indicate where the general conditions in electronic form can be taken and that at the request of the consumer electronically or otherwise without charge will be sent.
  4. In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

  1. If an offer is a limited duration or subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer includes a complete and accurate description of the products, digital content and/or services. The description is sufficiently detailed to make a proper assessment of the offer by the consumer as possible. If the Entrepreneur makes use of images, these will be a true representation of the products, services, and/or digital content. Obvious mistakes or obvious errors in the offer are not binding for the entrepreneur.
  3. Each offer contains such information that the consumer is clear on what the rights and obligations are involved in accepting the offer.

Article 5 - The agreement

  1. The agreement is subject to the provisions of paragraph 4, concluded at the time that the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of said acceptance has not been confirmed, the consumer may repudiate the contract.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational security measures for the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
  4. The Entrepreneur may, within statutory frameworks - about the consumer's ability to fulfill his payment obligations, and of all those facts and factors that are important for the responsible conclusion of the distance contract. If the operator under this investigation was justified in the agreement not to go, he is entitled to refuse an order or request or special conditions to the implementation.
  5. The entrepreneur will no later than the date of delivery of the product, service or digital content to the consumer provide the following information, in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium:

a. the visiting address of the place of business of the operator to which the consumer may address any complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear message on the exclusion of the right of withdrawal;
c. the information on guarantees and existing service after purchase;
d. the price including all taxes from the product, service or digital content; in so far as applicable, the cost of delivery; and the method of payment, delivery or performance of the contract,
e. the requirements for cancelling the contract if the contract has a duration of more than a year or for an indefinite period of time;
f. if the consumer has a right of withdrawal, the standard form for revocation.

6. In the event of a transaction, the stipulation in the previous paragraph applies only to the first delivery.

Article 6 - Right of Revocation

Products:

  1. The consumer may contract relating to the purchase of a product for a period of 14 days, without stating reasons. The entrepreneur may ask the consumer to the reason of withdrawal, but this does not have the statement of reason(s) require.
  2. The period referred to in paragraph 1 shall begin on the day after the consumer, or a third party designated in advance by the consumer, which is not the carrier, the product has received, or:

a. if the consumer has ordered in the same order multiple products: the day on which the consumer, or a third party designated by him, the last product has received. The Entrepreneur may, provided that the consumer prior to the ordering process in a clear way, be informed, an order of several products with a different delivery time.
b. if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, the last consignment or the last part has been received;
c. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, the first product has received.

Article 7 - the consumers obligations during this period

  1. During this period, the Consumer shall handle the product and the packaging with care. He will only unpack or use the product to the extent necessary for the nature, characteristics and operation of the product. This is based on the principle that the consumer may inspect the product handling it and as he did in a retail store would be allowed to do.
  2. The Consumer is only liable for depreciation of the product that is the result of a way of dealing with the product that goes beyond what is allowed in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur him not for or at the conclusion of the agreement all regulatory information about the right of withdrawal.

Article 8 - Exercise of the right of withdrawal by the consumer and costs

  1. If the consumer exercises his right of withdrawal, he reports within the period by means of the standard form for revocation or otherwise in an unequivocal manner to the entrepreneur.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back, or return it to (a representative of) the entrepreneur. This does not need to be if the entrepreneur has offered to pick up the product you are looking for. The consumer has the return my in any case to be complied with when he shall return the product before the cooling-off period has elapsed.
  3. The Consumer shall return the product with all accessories, if reasonably possible in original condition and packaging, and in conformity with the Entrepreneur's reasonable and clear instructions.
  4. The risk and the burden of proof for the proper and timely exercise of the right of withdrawal is to the consumer.
  5. The consumer shall bear the direct costs of returning the product. 
  6. If the consumer exercises his right of withdrawal, any additional agreements will be dissolved by right.

Article 9 - The obligations of the entrepreneur to revocation

  1. If the entrepreneur gets notification of withdrawal by the consumer by electronic means, he sends this message immediately after receipt of a confirmation of receipt.
  2. The entrepreneur shall reimburse all payments made by the consumer, excluding any delivery costs that will be charged by the operator for the returned product(s), without delay, but within 14 days following the day on which the consumer him the right of withdrawal reports. Unless the entrepreneur offers to pick up the product, he may wait to pay back until he has received the product or to the consumer proves that he has returned the product, whichever date is the earlier.
  3. The entrepreneur used for refund the same payment means that allow the consumer, unless the consumer agrees to a different method. The reimbursement is free of charge to the consumer.

Article 10 - Exclusion of the right of withdrawal

The Entrepreneur can exclude the following goods and services of the right of withdrawal, but only if the entrepreneur has clearly in the offer, at least in time for the conclusion of the agreement, stated:

  1. Services Agreements, after the full implementation of the service, but only if:
    'a. The implementation is started with the prior consent of the consumer; and
    b. the Consumer has declared that he loses his right of withdrawal as soon as the Entrepreneur fully implemented the agreement;
  2. products manufactured in accordance with the consumer's specifications, which are not prefabricated and manufactured on the basis of an individual choice or decision by the consumer, or that are clearly for a specific person Intended;
  3. Products that quickly deteriorate or a limited shelf life;
  4. Sealed products that for reasons of health protection or hygiene are not suitable to be returned and of which the seal after delivery is broken;
  5. Products after delivery, by their nature, are irrevocably mixed with other products;
  6. Sealed audio, video recordings and computer software of which the seal after delivery is broken;
  7. Newspapers, journals or magazines, with the exception of subscriptions thereon; 

Article 11 - The Price

  1. Throughout the period of validity indicated in the offer, the prices of the products and/or services have not increased, except for price changes resulting from changes in tax rates.
  2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financialële market and where the operator has no control, with variable prices. These fluctuations and the fact that any price targets, are in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases from 3 months after the conclusion of the contract are permitted only if the Entrepreneur has stipulated it and
    A. They are the result of statutory regulations or stipulations; or
    b. the consumer has the authority to cancel the contract with effect from the day on which the price increase takes effect.
  5. in the provision of products or services mentioned prices are exclusive of VAT.

Article 12 - Compliance agreement and additional warranty

  1. The Entrepreneur guarantees That the products and/or services comply with the contract, with the specifications listed in the offer, the reasonable requirements of reliability and / or usefulness and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other use than the normal use.
  2. By the trader, his supplier, manufacturer or importer warranty limits never the legal rights and claims that consumers on the basis of the agreement, the employer may assert against the employer if the entrepreneur has failed to fulfill its part of the agreement.
  3. Under additional warranty shall mean any undertaking by the entrepreneur, his supplier, importer or producer in which these at the consumer grants certain rights or claims that go beyond this is required by law in case of misconduct in the performance of its part of the agreement.

Article 13 - Delivery and Detailed

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. As the place of delivery is the address that the consumer has made known to the trader.
  3. Subject to what is stated in Article 4 of these terms and conditions stated, the Company accepted orders expeditiously but not later than 30 days, unless a different delivery period has been agreed in writing. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. In this case, the consumer has the right to terminate the contract without penalty.
  4. After dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid without delay.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer and the entrepreneur or a pre-designated representative published, unless otherwise expressly agreed.

Article 14 - Duration Transactions: duration, termination and renewal

Termination:

  1. The consumer may contract for an indefinite period, which extends to the regular delivery of products or services, at any time denounce the applicable termination rules and a notice of up to one month.
  2. The consumer may contract for a definite period, which extends to the regular delivery of products or services, at any time at the end of the certain duration denounce the applicable termination rules and a notice of up to one month.
  3. Consumers can the agreements mentioned in the preceding paragraphs:
    -        cancel at any time and not be limited to termination at a particular time or in a given period;
    -        at least cancel the same way as they are entered into by the consumer;
    -        cancel at the same notice as the company has negotiated for itself.

    Extension:

  4.  a contract for a definite period, which extends to the regular delivery of products or services, may not be extended or renewed for a certain duration.
  5. Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of trial days, news and weekly newspapers and magazines tacitly renewed for a limited period of up to three months, if the consumer, as extended by the end of the extension can Unsubscribe using a notice of up to a month.
  6. a contract for a definite period, which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice of up a Month. The period of notice for a maximum period of up to three months in the case the agreement extends to the regular, but less than once a month, delivery of trial days, news and weekly newspapers and magazines.
  7. An agreement with a limited duration of regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) is terminated automatically and not tacitly continued after the trial or introductory period.

    Duration:

  8. If a contract has a duration of more than one year, the consumer after a year the agreement at all times with a period of notice of not more than one month unless the reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

  1. unless otherwise provided in the agreement or additional terms, by the consumer amounts to be paid at the time of delivery.
  2. The consumer has the duty to report inaccuracies in data supplied or specified payment immediately to the operator.
  3. If the consumer does not fulfill his payment obligation(s), is this, after he has been advised of the late payment by the entrepreneur and the entrepreneur has awarded the consumer a period of 14 days to fulfill his payment obligations, following the failure of payment within this 14-day period, the statutory interest on the amount due and the entrepreneur is entitled to the extrajudicial collection costs. This collection costs amount to a maximum of: 15% on outstanding amounts to 10% € 2,500.=; the subsequent € 5% over the next 2,500, and € 5,000, with a minimum of € 40,=. The entrepreneur can be for the benefit of consumers differ from the amounts and percentages.

Article 16 - Complaints

  1. The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure.
  2. complaints about the performance of the contract must be done within a reasonable time after the consumer has found the defects, must be fully and clearly described and submitted to the entrepreneur.
  3. complaints submitted to the trader will be provided within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then the trader within the period of 14 days responded with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint within a reasonable period or within 3 months after the filing of the complaint cannot be solved in joint consultation, then it becomes a dispute that is subject to the disputes settlement scheme.

Article 17 - Disputes

  1. on agreements between the entrepreneur and the consumer, to which these general terms and conditions apply, are exclusively governed by Belgian law. Only the courts of Antwerp are competent. 

Article 18 - Additional or different terms

Additional or different provisions of these terms should not disadvantage the consumer and should be recorded in writing, or in such a way that the consumer in an accessible manner can be stored on a durable medium.