Terms and Conditions

Article 1 – Definitions

In these conditions the following definitions apply:

  1. Entrepreneur : the natural or legal person who is a member of BeCommerce and offers products and/or services remotely to consumers;
  2. Consumer : the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Distance contract : an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
  4. Technology for remote communication : means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time;
  5. Reflection period : the period within which the consumer can exercise his right of withdrawal;
  6. Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period;
  7. Day : calendar day;
  8. Duration transaction : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  9. Sustainable data carrier : any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.

Article 2 – Identity of the entrepreneur

Uniquecraftsandmore
Vaartstraat 26
2910 Essen
Belgium

Email address: Info@uniquecraftsandmore.com
Company number: 1001.396.425

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. is.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:

O the price including taxes;

O the possible costs of delivery;

O the manner in which the agreement will be concluded and what actions are required for this;

O whether or not the right of withdrawal applies;

O the method of payment, delivery or execution of the agreement;

O the term for acceptance of the offer, or the term for honoring the price;

O the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;

O if the agreement is archived after its conclusion, how it can be consulted by the consumer;

O the way in which the consumer can become aware of actions he or she does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;

O the possible languages ​​in which, in addition to Dutch, the agreement can be concluded;

O the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

O the minimum duration of the distance contract in the case of an agreement that extends to continuous or periodic delivery of products or services.

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

O the visiting address of the entrepreneur's branch where the consumer can go with complaints

O the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

O the information about existing after-sales service and warranties;

O the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

O the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

  1. If the entrepreneur has committed himself to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6a - Right of withdrawal upon delivery of products

  1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within fourteen days. This period starts on the day after receipt of the product by or on behalf of the consumer.
  2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6b - Right of withdrawal upon delivery of services

  1. When providing services, the consumer has the option to terminate the agreement without giving reasons for a period of fourteen days, starting on the day of entering into the agreement.
  2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
  2. The entrepreneur will reimburse all payments received from the consumer, including, if applicable, without delay and in any case within 14 days after the day on which it is informed of the consumer's decision to withdraw from the agreement.
  3. The entrepreneur will make the refund using the same payment method as that used by the consumer during the original transaction, unless the consumer has expressly agreed to a different payment method and on the understanding that the consumer may not incur any costs as a result of such a refund.
  4. The additional costs resulting from the consumer's explicit choice to choose a different method of delivery than the cheapest standard delivery offered by the company will not be refunded by the entrepreneur.
  5. Unless the company has offered to collect the goods itself, the company may, in the context of sales contracts, wait with the refund until it has received all the goods back, or until the consumer has demonstrated that he has returned the goods, to any time comes first.

Article 8 - Exclusion of right of withdrawal

  1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for:
  • service agreements after full performance of the service if the performance has begun with the express prior consent of the consumer, and provided that the consumer has acknowledged that he loses his right of withdrawal as soon as the company has fully performed the agreement;
  • the supply or provision of goods or services the price of which is subject to fluctuations in the financial market over which the company has no influence and which may occur within the withdrawal period;
  • the supply of goods manufactured according to consumer specifications, or that are clearly intended for a specific person;
  • the delivery of goods that spoil quickly or have a limited shelf life;
  • the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  • the delivery of goods that, by their nature, are irrevocably mixed with other products after delivery;
  • the supply of alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the company has no influence;
  • agreements where the consumer has specifically requested the company to visit him to carry out urgent repairs or maintenance; However, if during such a visit the company provides additional services that the consumer has not explicitly requested, or supplies goods other than replacement parts that are necessary to carry out maintenance or repairs, the right of withdrawal on those additional services or goods is application;
  • the delivery of sealed audio and sealed video recordings and sealed computer software of which the seal has been broken after delivery;
  • the supply of newspapers, periodicals or magazines, with the exception of agreements for a subscription to such publications;
  • agreements concluded during a public auction;
  • the provision of accommodation other than for residential purposes, transport, car rental services, catering and services related to leisure activities, if the agreements provide for a specific date or period of performance;
  • the supply of digital content that is not supplied on a tangible medium, if the performance has begun with the express prior consent of the consumer and provided that the consumer has acknowledged that he thereby loses his right of withdrawal;
  • the agreements for betting and lottery services.

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

O these are the result of legal regulations or provisions; or

O the consumer has the right to cancel the agreement on the day on which the price increase takes effect.

  1. The prices stated in the offer of products or services include VAT.

Article 10 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
  2. A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert towards the entrepreneur with regard to a shortcoming in the fulfillment of the entrepreneur's obligations under the law and/or or the distance contract.

Article 11 - Delivery and execution

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has provided to the company.
  3. Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs, to request an equivalent replacement product, or to obtain any compensation.
  4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are borne by the entrepreneur.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 - Duration transactions

  1. The consumer can cancel an agreement that has been entered into for an indefinite period at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
  2. An agreement entered into for a fixed period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement.
  2. When selling products to consumers, a partial or full advance payment may be stipulated in general terms and conditions (during the withdrawal period). If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
  3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. The consumer can appeal to the consumer ombudsman service . The consumer has the option to submit a request for mediation via the Belmed platform of the Federal Public Service Economy.

  5. The consumer can at any time submit a complaint online to the European Commission viahttps://ec.europa.eu/odr/

Article 15 - Disputes

Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 17 - Changes to the general terms and conditions

Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, with the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

Article 18 - Identity theft and credit card fraud

To ensure the security of your online visit, Uniquecraftsandmore only works with recognized security partners. This limits the loss or theft of your identity data to a minimum. Uniquecraftsandmore believes it has taken all possible and relevant precautions and therefore acts as a normal, far-sighted and careful online intermediary. Any identity theft or (financial) theft cannot therefore be invoked against Uniquecraftsandmore.