General terms and conditions
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and Warranty
Article 11 - Delivery and execution
Article 12 - Continuing performance: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
Articele 17 - Intellectual property + copyright
Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
- Grace period: The period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Extended duration transaction: a remote agreement related to a series of products and/or services, of which the obligation to supply and/or purchase is spread over a period of time;
- Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
- Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
Article 2 - Identity of the Entrepreneur
Name of entrepreneur: AGB Musea Ieper
Acting under the name(s): In Flanders Fields Museum
Establishment & visiting address: Grote Markt 34, 8900 Ieper
Telephone number: 0032 57 23 92 20
Opening hours: Monday to Sunday from 10:00 to 17:00
E-mail address: webshopmusea@ieper.be
VAT identification number: BE 0759.387.858
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is concluded between the entrepreneur and the consumer.
- 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, then before concluding the distance selling agreement, it shall be stated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
- 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 terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the agreement at a distance is concluded, it shall be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him/her.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
- All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
- Images of products are a true representation of the products on offer. The Company cannot guarantee that the colours shown will exactly match the actual colours of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- The price including taxes;
- the possible costs of shipment;
- the way in which the agreement will be brought about and which actions are required for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery and implementation of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the size of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
- whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
- the manner in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
- any other languages besides Dutch in which the contract can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of an extended transaction.
Article 5 - The agreement
- The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
- If the consumer has accepted the offer electronically, the entrepreneur 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 agreement.
- If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate safety measures.
- The entrepreneur may - within legal limits - acquaint himself with the ability of the consumer to meet his payment obligations, as well as with 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 request while giving reasons, or to attach special conditions to the implementation.
- The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
- the visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints;
- the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on guarantees and existing after-sales service;
- the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;
- the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.
- In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
- Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
In case of delivery of products:
- When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
- During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
- If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receiving the product. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of posting.
- If, at the end of the periods specified in sections 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
In case of delivery of services:
- When services are supplied, the consumer has the possibility of dissolving the agreement without giving reasons during at least fourteen days, starting on the day of entering into the agreement.
- To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest on delivery.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, he will be responsible for the costs of return shipment at the most.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal. Reimbursement will take place via the same payment method that was used by the consumer, unless the consumer explicitly agrees to a different payment method.
- If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
Article 8 - Exclusion of the right of withdrawal
- The entrepreneur can exclude the consumer from the right of withdrawal as far as provided for in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in good
