Article 1 – Definitions
In these terms and conditions the following definitions apply:
General conditions: the present general conditions of the entrepreneur
Withdrawal period: the period within which the consumer can make use of his right of withdrawal; Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession. Day: calendar day.
Durable medium: 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.
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, (access to) digital content and/or services to consumers from a distance.
Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby until the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication.
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
Nini’s Colours
Dorp-West 37 0301
9080 Lochristi
info@niniscolours.be
VAT number : BE 0643 313 601
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract 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, the operator before the distance contract is concluded, indicate how the general conditions at the entrepreneur to see and that they are at the consumer’s request as soon as possible be sent free of charge. 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 electronically 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 to the consumer free of charge, at his request, either electronically or in another way.
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. If one or more provisions in these general conditions at any time are wholly or partially invalid or void, the agreement and these conditions for the rest remain in force and the provision concerned will in mutual consultation immediately be replaced by a provision that the scope of the original as far as possible.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The offer
If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are the best possible truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
All images, specifications and information in the offer are indicative and may not lead to compensation or dissolution of the agreement. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
Article 5 – The Agreement
The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the conditions. 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 agreement. 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 take appropriate security measures.
The entrepreneur may – within legal frameworks – inform the consumer about his payment obligations, as well as all those facts and factors that are important for a sound 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.
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:
the visiting address of the trader’s business establishment where the consumer can lodge complaints;
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; the information on guarantees and existing after-sales services;
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; the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite; In case of a duration contract, the provision in the preceding paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
The consumer can terminate a contract relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The cooling-off period mentioned in paragraph 1 starts on the day after the Consumer, or a third party designated by the consumer beforehand and not being the carrier, has received the product, or: if the consumer has ordered several products in one order: the day 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.
If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part. 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, characteristics 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. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of an e-mail to info@niniscolours.be. After the consumer has made known to use 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 paragraphs 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.
Article 7 – Exercise of the right of withdrawal by the consumer and costs thereof
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. 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 by email. The risk and burden of proof of the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product.
Article 8 – Obligations of the trader in the event of withdrawal
If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgement of receipt without delay after receiving this notification. The entrepreneur shall reimburse all payments made by the consumer, except for the 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 entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever comes first. 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. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 9 – The price
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. 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 target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
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.
The prices mentioned in the offer of products or services have no VAT.
Article 10 – Compliance with agreement
The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. 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. Any defects or wrongly delivered products should be reported to the entrepreneur in writing or by e-mail within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition. The warranty does not apply if: The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or otherwise carelessly handled or in violation of the instructions of the entrepreneur and / or on the packaging. The inadequacy in whole or in part is the result of regulations that the government has laid down or will lay down with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will take the utmost care in receiving and carrying out orders of products and in assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in Article 4 of these terms and conditions, the operator will ship accepted orders after payment at the latest after 5 working days when goods are available, unless another delivery period has been agreed upon or another temporary delivery period is indicated on the homepage. 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 2 calendar days after he has placed the order, unless another temporary delivery period has been indicated on the homepage. The consumer in that case has the right to terminate the contract without penalty, but is not entitled to any compensation. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 12 – Payment
Unless otherwise agreed, the amounts payable by the consumer should be paid directly through the digital payment methods offered by the website.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
Article 13 – Complaints
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be made within 7 days after the consumer has found the defects, fully and clearly described and submitted to the entrepreneur. Complaints submitted to the entrepreneur will 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. The consumer should in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is subject to the dispute resolution procedure.
Article 14 – Disputes
Only Belgian law applies to contracts between the trader and the consumer to which these general terms and conditions apply. This is also the case if the consumer lives abroad.
Article 15 – Additional or different provisions
Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible way on a durable data carrier.