General terms and conditions of sale
Article 1 - Definitions
In these conditions, the following terms shall have the following definitions:
- Entrepreneur: the natural or legal person who offers products and/or services on distance to consumers;
- Consumer: the natural person who is not acting in the exercise of a profession or business and engages a long-distance agreement with the entrepreneur;
- Long distance agreement: an agreement in which, within the context of a system organized by the entrepreneur for long distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for long distance communication;
- Technique for long distance communication: a tool that can be used for concluding an agreement, without the consumer and the entrepreneur having to come together in the same room at the same time;
- Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to waive the long distance contract within the cooling-off period;
- Day: calendar day;
- Duration transaction: a long distance contract relating to a series of products and / or services, the supply and / or purchase obligation is spread over time;
- Durable medium: any tool that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
Article 2 - Identity of the entrepreneur
MIGLOT is the registered trademark belonging to
Jungle Julian BV Koophandelsplein 17 9000 Ghent
Telephone number +32 9 329 02 99
Opening Hours: Tuesday to Saturday, 10 am - 6 pm
E-mail address: firstname.lastname@example.org
Company number 0732.677.523
Article 3 - Application
- These general terms and conditions apply to every offer from the entrepreneur and to every long distance contract made between the entrepreneur and the consumer.
- Before the long distance contract is made, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the long distance contract is concluded, it will be indicated that the terms and conditions can be consulted via the entrepreneur and they will be sent to the consumer free of charge as soon as possible at the consumer's request.
- If the long distance contract is concluded electronically, the text of these terms and conditions may, contrary to the previous paragraph and before the long distance contract is concluded, be made available to the consumer electronically in order that the consumer can easily store it on a durable medium. 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 electronically or otherwise free of charge at the consumer's request.
- In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always rely on the relevant condition that is most favorable to him when the general terms and conditions are contrary.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will 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 enable the consumer to make a fair evaluation of the offer. If the entrepreneur uses images, these are a reliable representation of the products and / or services on offer. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be concluded and what actions are necessary;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or execution of the agreement;
- the period for acceptance of the offer, or the period of ensuring the price offered;
- the level of the rate for long distance communication if the costs of using the technology for long distance communication are calculated on a basis other than the basic rate;
- if the contract is archived after its conclusion, in what way it can be consulted by the consumer;
- the manner in which the consumer before the conclusion of the contract of unwanted acts can be informed, as well as the manner in which he can restore them before the agreement is concluded;
- any languages in which, alongside Dutch and French, the contract can be concluded;
- the minimum duration of the long distance contract in case of a contract for continuous or periodic delivery of products or services.
Article 5 - The Agreement
- The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.
- If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within the legal framework - inform himself whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the operator has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to impose special conditions on the execution.
- The trader will provide the following information to the consumer with the product or service, either written or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
- the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
- the information about existing after-sales service and guarantees;
- the information included in article 4 paragraph 3 of these conditions, unless the trader has already provided the consumer with this information prior to the execution of the contract;
- the requirements for cancelling the contract if the contract has a duration of more than one year or is of indefinite duration.
- If the operator has committed to deliver a range of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal on delivery of products
- When buying products, the consumer has the option of dissolving the contract without giving any reason to dissolve for 14 calendar days. This period starts on the day after receipt of the product by or on behalf of the consumer.
- 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 delivered items and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Costs in case of revocation
- If the consumer makes use of his right of withdrawal, at most the costs of returning the goods shall be at his expense.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no longer than 30 days after receipt of the return or withdrawal.
Article 8 - Exclusion of right of withdrawal
- The Entrepreneur can exclude the right of withdrawal if the entrepreneur has clearly stated this in the offer, at least well in advance of the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the trader in accordance with the consumer's specifications;
- that are clearly of a personal nature;
- which cannot be returned due to their nature;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market which are beyond the Entrepreneur's control;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- the supply of which has been started with the consumer's explicit permission before the expiration of the reflection period;
- concerning betting and lotteries.
Article 9 - The price
- 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 due to changes in VAT rates.
- Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and on which the trader has no influence, with variable prices. These fluctuations and the fact that any stated prices are target prices, are mentioned in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated and:
- These are the result of legal regulations or provisions; or
- the consumer has the right to cancel the contract on the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations.
- An arrangement offered as a warranty by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer in respect of a failure to fulfill the obligations of the entrepreneur against the entrepreneur may assert under the law and / or the long distance agreement.
- You also enjoy the legal guarantee for hidden shortcomings on the delivered goods. A complaint for hidden shortcomings that are not due to a case of force majeure, to an incorrect act on your part or on the part of a third party, or that are due to normal wear and tear, must be submitted by e-mail to our customer service department no later than 2 months after the discovery of the hidden shortcomings. If such notification is not made within a period of 2 months after the discovery of the hidden shortcomings. Our Customer Service will inform you which steps you have to follow to return the goods. In any case, the possible return of goods can only take place after our prior written confirmation.
- If a delivered product does not correspond to your order and on condition that the procedure mentioned in ARTICLE 10.1 has been followed, we undertake to replace the product. If the replacement is not possible or disproportionate, we undertake to reimburse you for all payments received, including delivery costs. If a purchase receipt was used with your order, the net amount (i.e. the purchase price minus the amount of the purchase receipt) will be refunded to you. Upon express request to our customer service department, you will receive a new purchase receipt which you can use for a future purchase.
Article 11 - Delivery and execution
- The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has given to the company.
- Subject to what is stated in Article 4 of these terms and conditions, the company will accept orders expeditiously but within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be carried out, the consumer will receive notification of this within one month after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and entitled to any compensation.
- In case of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after cancellation.
- If delivery of an ordered product turns out to be impossible, the trader will make every effort to provide a replacement article. at the latest on delivery, a clear and comprehensible notification will be made that a replacement article will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of return shipment shall be at the expense of the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.
Article 12 - Duration transactions
- The consumer may cancel an open-ended contract at any time subject to the agreed termination rules and a maximum notice of one month.
- A fixed-term contract has a maximum term of two years. If it is agreed that in case of silence of the consumer the long distance agreement will be renewed, the agreement will be continued as a contract for an indefinite period of time and the maximum period of notice after renewal of the agreement is one month.
Article 13 - Payment
- As far as no later date has been agreed, the payments to be made by the consumer must be made within fourteen days after delivery of the goods or, in case of an agreement to provide a service, within 14 days after delivery of the documents relating to this agreement.
- When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. If an advance payment has been stipulated, the consumer may not claim any rights regarding the implementation of the order or service (s) before the stipulated advance payment has been made.
- The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
- In the event of non-payment by the consumer, the trader has the right, except for legal restrictions, to charge the consumer reasonable costs made known in advance.
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently communicated complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted within a reasonable time, fully and clearly described to the entrepreneur, after the consumer has discovered the shortcomings.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
Article 15 - Handling of complaints and disputes
- We always hope to fully satisfy our clients. However, if you wish to make a complaint regarding our products or services, please do not hesitate to contact us at email@example.com. We will take the necessary steps to deal with your complaint within 14 days.
- Any contract concluded with our customers, regardless of the customer's place of residence, is governed exclusively by Belgian law and only the Belgian courts have jurisdiction to take knowledge of any disputes. If another law is applied by reason of international law, for the interpretation of these general terms and conditions, reference is made in the first place to the Belgian legislation concerning market practices and the protection of consumers.
- As a customer, you can also submit a complaint via the "Online Dispute Resolution" platform of the European Commission.
Article 16 - We take privacy very seriously
The personal data we process depends on how you use our services. We use your personal data to customize our online and shopping services to your preferences, to offer you purchases and services, to process your requests, to contact you about special products and services that may be relevant to you, to organize prize draws, games or contests or to perform relevant administrative services. All personal data will be processed in accordance with relevant data protection legislation.