Firewallshop | General terms and conditions

Article 1 - Definitions

In these terms and conditions the following definitions apply:

1. Supplementary agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these products are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

2. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;

3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;

4. Day: calendar day;

5. Digital Content: data produced and delivered in digital form;

6. Duration contract: a contract which aims at the regular delivery of goods during a certain period of time;

7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;

8. Right of withdrawal: the possibility of the consumer to waive the distance contract within the cooling-off period;

9. Entrepreneur: the natural or legal person who offers products to consumers from a distance;

10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content and / or services, whereby to the conclusion of the agreement exclusive or partial use is made of one or more means of distance communication;

11. Model withdrawal form: the European model withdrawal form included in Annex I to these Terms and Conditions. Annex I does not have to be made available if the Consumer does not have a right of withdrawal with regard to his order;

12. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of the entrepreneur

IT Experts BVBA

Leopoldlaan 41

9900 Eeklo

info@itexperts.be

VAT number: BE 0892.718.912

Article 3 - Applicability

1. These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between entrepreneur and consumer.

2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible, at the consumer's request.

3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in another way.

4. In case in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in case of conflicting conditions always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.

3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The agreement

1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled.

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 this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur may, within the limits of the law - inform whether the consumer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.

5. The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

c. the information on guarantees and existing after-sales service;

d. the price, including all taxes, of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;

Article 6 - Right of withdrawal

1. The consumer can terminate a contract relating to the purchase of a product during a reflection period of at least 14 days provided that he/she gives reasons for doing so.

2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a previously designated by the consumer third party, not being the carrier, has received the product, or:

a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.

b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;

c. in 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, has received the first product.

Article 7 - Obligations of the consumer during the reflection period

1. During the reflection period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, features and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

2. The consumer is only liable for depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.

3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

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

1. If the consumer exercises his right of withdrawal, he shall notify the trader within the cooling-off period by means of the electronic form for withdrawal or in any other unambiguous manner.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.

3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return shipment. A restocking fee of 25 euro will be charged.

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

1. If the trader makes it possible for the consumer to notify his withdrawal electronically, he shall send an acknowledgement of receipt of this notification without delay.

2. The entrepreneur shall reimburse all payments made by the consumer, excluding any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.

3. The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

Article 10 - The price

1. During the period mentioned in the offer, the prices of the products and / or services are not increased, except for price changes due to changes in VAT rates.

2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.

3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

a. they are the result of statutory regulations or provisions; or

b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.

Article 11 - Fulfilment of agreement and additional guarantee

1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.

3. By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.

Article 12 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and in the execution of orders of products and in assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the entrepreneur.

3. With due observance of what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.

4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer the amount paid without delay.

5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and announced to the entrepreneur representative, unless otherwise expressly agreed.

Article 13 - Payment

1. Insofar not otherwise specified in the contract or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of a contract to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.

2. When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service (s) before the stipulated prepayment has taken place.

3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.

4. If the consumer does not timely fulfill his payment obligation(s), he is, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, the statutory interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the following € 2500 and 5% on the following € 5000, with a minimum of € 40. The proprietor may depart from the amounts and percentages stated for the benefit of the consumer.

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 implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within a reasonable time after the consumer has found the defects.

3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

4. The consumer should give the entrepreneur at least 4 weeks to resolve the complaint in mutual agreement. After this period a dispute arises that is subject to the dispute resolution procedure.

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