Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Entrepreneur: the natural or legal person who sells products and/or services at a distance
offers to consumers;
Consumer: the natural person who is not acting in the exercise of a profession or
company and enters into a distance agreement with the entrepreneur;
Distance contract: an agreement in which, in the context of a
entrepreneur-organized system for distance selling of products and/or
services, up to and including the conclusion of the agreement, use is made exclusively
of one or more techniques for remote communication;
Distance communication technology: means that can be used for the
concluding an agreement, without the consumer and entrepreneur simultaneously entering into
the same space have come together;
Reflection period: the period within which the consumer can make use of his
right of withdrawal;
Right of withdrawal: the option for the consumer to cancel within the cooling-off period
view the distance contract;
Day: calendar day;
Duration transaction: a distance contract relating to a series of
products and/or services, of which the delivery and/or purchase obligation is in time
spread;
Durable data carrier: any means that enables the consumer or entrepreneur
to store information addressed to him personally in a way that
future consultation and unaltered reproduction of the stored information
makes possible.
Article 2 - Identity of the entrepreneur
Les Garçons Antwerp bv
Kipdorp Vest 43
2000 Antwerp
VAT: BE 0646 804 215
customer service@scentimentparfum.be
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and
on every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of this
general terms and conditions made available to the consumer. If this
is not reasonably possible, before the distance contract is concluded,
indicate that the general terms and conditions can be viewed at the entrepreneur and
they are 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 this
general terms and conditions available to the consumer electronically
be set in such a way that it is easy for the consumer to
way can be stored on a durable data carrier. If this
is not reasonably possible, before the distance contract is concluded,
indicate where of the general terms and conditions can be electronically
be taken cognizance of and that they are sent electronically at the request of the consumer
will be sent free of charge by road or otherwise.
4. In the event that, in addition to these general terms and conditions, specific product or
terms of service apply, the second and third paragraphs of
mutatis mutandis and the consumer may in the event of conflict
general terms and conditions always invoke the applicable provision that is
most favorable.
Article 4 - The offer
1. If an offer has a limited period of validity or subject to conditions
occurs, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the offered
products and/or services. The description is sufficiently detailed to provide a good
allow the consumer to assess the offer. 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 that are attached to the acceptance of the offer.
This concerns in particular:
− the price including taxes;
− any delivery costs;
− the way in which the agreement will be concluded and which actions
are necessary for that;
− whether or not the right of withdrawal applies;
− the method of payment, delivery or performance of the agreement;
− the term for acceptance of the offer, or the term for standing
do the price;
− the amount of the tariff for distance communication if the costs of the
use of the technology for distance communication are calculated on a
other basis than the basic rate;
− if the agreement is archived after its conclusion, how
it can be consulted by the consumer;
− the manner in which the consumer before concluding the agreement of by
can become aware of unwanted actions, as well as the manner
on which he can restore it before the agreement is concluded;
− the possible languages in which, in addition to Dutch, the agreement can be
Closed;
− the codes of conduct to which the entrepreneur is subject and the manner
on which the consumer can consult these codes of conduct electronically;
and
− the minimum duration of the distance contract in case of an agreement
which extends to continuous or periodic delivery of products or services.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded on the
moment of acceptance by the consumer of the offer and compliance with the
conditions attached thereto.
2. If the consumer has accepted the offer electronically, the consumer confirms
entrepreneur without delay electronically the receipt of the acceptance of
the offer. Until receipt of this acceptance has been confirmed, the
consumer to dissolve 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 ensures a secure web environment. If the consumer
can pay electronically, the entrepreneur will take appropriate security measures to that end
take into account.
4. The entrepreneur can – within legal frameworks – inquire whether the
consumer can meet his payment obligations, as well as of all those facts and
factors that are important for a responsible conclusion of the agreement on
distance. If, on the basis of this investigation, the entrepreneur has good reasons to
not enter into an agreement, he is entitled to submit an order or request with reasons
refuse or attach special conditions to the execution.
5. The entrepreneur will provide the following information to the consumer with the product or service,
in writing or in such a way that it is accessible by the consumer
way can be stored on a durable data carrier, send:
a. the visiting address of the establishment of the entrepreneur where the consumer
complaints can be filed;
b. the conditions under which and the manner in which the consumer of the
can exercise the right of withdrawal, or a clear statement regarding the
are excluded from the right of withdrawal;
c. the information about existing after-sales service and guarantees;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the
entrepreneur has already provided this information to the consumer before the execution
of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration
has more than one year or is of indefinite duration.
6. If the entrepreneur has undertaken to deliver a series of products
or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to cancel the agreement
without giving reasons, within fourteen days. This
term 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 the
packaging. He will only unpack or use the product to the extent that
that is necessary to be able to assess whether he wishes to keep the product. If he
makes use of his right of withdrawal, he will return the product with all delivered
accessories and - if reasonably possible - in the original condition and packaging
return to the entrepreneur, in accordance with the reasonable and
clear instructions.
When providing services:
3. When providing services, the consumer has the option of canceling the agreement without
statement of reasons within fourteen days, commencing on the day of entering into the agreement.
4. To make use of his right of withdrawal, the consumer will refer to
the information provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery
reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, at most the
costs of return for his account.
2. If the consumer has paid an amount, the entrepreneur will
as soon as possible, but no later than 30 days after the return or withdrawal,
pay back.
Article 8 - Exclusion right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal insofar as
provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the
entrepreneur this clearly in the offer, at least in good time before the conclusion of the
agreement, stated.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with the specifications of the
consumer;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market on which the
entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer
has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be carried out on
a specific date or during a specific period;
b. the delivery of which has commenced with the express consent of the consumer
before the cooling-off period has expired;
c. concerning betting and lotteries.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the
products and/or services offered are not increased, except for price changes such as
due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may purchase products or services whose
prices are subject to fluctuations in the financial market and where the
entrepreneur has no influence on, offering variable prices. This bondage
to fluctuations and the fact that any prices quoted are target prices,
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 statutory 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:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement on the day
which the price increase takes effect.
5. 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, to the reasonable requirements of
soundness and/or usability and the on the date of the conclusion of the
agreement existing legal provisions 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 may have with regard to a
shortcoming in the fulfillment of the entrepreneur's obligations towards the
entrepreneur can assert on the basis of the law and/or the distance contract.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when entering
receiving and executing orders for products and
assessment of applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company
created.
3. With due observance of what is stated about this in Article 4 of these general terms and conditions
stated, the company will process accepted orders expeditiously but no later than
within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order is not or only
can be partially carried out, the consumer will receive this no later than one month
after he has placed the order. In that case, the consumer has the right
to dissolve the agreement without costs and to be entitled to any
compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the
consumer has paid as soon as possible, but no later than 30 days after
cancellation, repayment.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will
make every effort to make a replacement item available. Appearance at the
delivery will be communicated in a clear and comprehensible manner that a replacement
item is delivered. The right of withdrawal cannot be exercised for replacement items
excluded. The costs of return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products remains until the moment
by delivery to the consumer at the entrepreneur, unless expressly stated otherwise
agreed.
Article 12 – Duration agreements: duration, cancellation and extension
1. The consumer may at any time enter into an agreement that has been entered into for an indefinite period of time
cancel at any time with due observance of the agreed cancellation rules and a
notice period of at most one month.
2. An agreement that has been entered into for a definite period of time has a term of
up to two years. If it has been agreed that in the event of the consumer's silence, the
distance contract will be extended, the contract will continue
as a contract for an indefinite period and the notice period after continuation of
the agreement may not exceed one month.
Article 13 – Payment
1. Insofar as it has not been agreed at a later date, the amount owed by the consumer must be
amounts to be paid within fourteen days after delivery of the good or in case of an agreement to provide a service, within 14 days after issue
of this agreement regarding documents.
2. When selling products to consumers, in general terms and conditions
never an advance payment of more than 50% is stipulated. When
advance payment is stipulated, the consumer cannot assert any rights regarding
the execution of the relevant order or service(s), before the stipulated
prepayment has been made.
3. The consumer has the obligation to correct inaccuracies in provided or stated
payment details to the entrepreneur without delay.
4. In the event of non-payment by the consumer, the entrepreneur has
legal restrictions, the right to have the consumer made known in advance
charge reasonable costs.
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 within a reasonable time,
be submitted fully and clearly described to the entrepreneur, after the
consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be processed within a period of 14 days
calculated from the date of receipt. If a complaint is a foreseeable
longer processing time, the entrepreneur within the period of 14
days with a notification of receipt and an indication when the
consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be
be submitted via a complaint form on the website of the Webshop Foundation
Quality mark (www.keur.info). The complaint will then be sent to the relevant
entrepreneur and sent to the Webshop Keurmerk Foundation.
5. If the complaint cannot be resolved by mutual agreement, a dispute arises that
subject to the dispute settlement procedure
Article 15 - Disputes
1. On agreements between the entrepreneur and the consumer to which these general
terms and conditions, only Belgian law applies.
2. Disputes between the consumer and the entrepreneur about the establishment or
execution of agreements with regard to deliveries to be made by this entrepreneur or
delivered products and services, with due observance of the provisions below,
are presented by both the consumer and the entrepreneur to the
disputes committee
3. A dispute will only be dealt with by the Disputes Committee if
if the consumer has first submitted his complaint to the entrepreneur within a reasonable time
submitted.
4. The Disputes Committee will not handle a dispute or will discontinue the handling,
if the entrepreneur has been granted a suspension of payments, he is in a state of
has filed for bankruptcy or has effectively terminated its business activities.
Article 16 - Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be
be to the detriment of the consumer and must be recorded in writing or on
in such a way that they can be used in an accessible manner by the consumer
stored on a durable data carrier.
Article 17 - Amendment of the general terms and conditions
1. Changes to these terms and conditions are only effective after they have been
appropriately published, provided that any applicable changes
the provision most favorable to the consumer during the term of an offer
will prevail.
6. If you have a complaint, please contact our complaints handling department
Customer service@scentimentparfum.be