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 - OBLIGATIONS OF THE CONSUMER DURING THE WITHDRAWAL PERIOD
Article 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS
Article 9 - OBLIGATIONS OF THE ENTREPRENEUR ON REVOCATION
Article 10 - EXCLUSION OF RIGHT OF WITHDRAWAL
Article 11 - THE PRICE
Article 12 - COMPLIANCE WITH THE AGREEMENT AND EXTRA WARRANTY
Article 13 - DELIVERY AND EXECUTION
Article 14 - DURATION TRANSACTIONS
Article 15 - PAYMENT
Article 16 - COMPLAINTS PROCEDURE
Article 17 - HANDLING OF COMPLAINTS AND DISPUTES
Article 18 - WE TAKE PRIVACY VERY SERIOUSLY
Article 19 - MARKETING COMMUNICATION - CONSENT
Article 20 - ADDITIONAL OR DIFFERENT PROVISIONS
ARTICLE 1 - DEFINITIONS
In these conditions the following terms have the following meanings:
1. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
2. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
3. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
4. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together in the same space at the same time;
5. Time for reflection: the period within which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Day: calendar day;
8. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
9. 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 future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Name entrepreneur: L’origiene Vlorie
Koolmijnlaan 146/1 3550 Heusden Zolder, Belgium
Koolmijnlaan 146/1 3550 Heusden Zolder, Belgium
Phone number: +32 (0) 486 939 858
Accessibility: Tuesday to Sunday from 10 am to 6 pm
Email address: info@Lorigiene.com
VAT number: BE0538692468
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the consumer.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
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 offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products, services and / or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
ARTICLE 5 - THE AGREEMENT
The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet 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 entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the price including all taxes on the product, service or digital content; insofar as applicable the delivery costs; and the method of payment, delivery or implementation of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model withdrawal form.
In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
The consumer can terminate an agreement regarding the purchase of a product during a reflection period of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
The stated reflection period commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered several 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, if he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time.
b. 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;
c. for contracts 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.
For services and digital content that is not supplied on a tangible medium:
The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
The mentioned reflection period starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a tangible medium if you do not inform about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD
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 basic principle here is that the consumer may only handle and inspect the product as he should in a shop.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond permitted.
The consumer is not liable for a decrease in value 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 agreement.
ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND ITS COSTS
If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the intended notification, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
ARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR WITH REVOCATION
If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer reports 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 demonstrates that he has returned the product, whichever is earlier.
The entrepreneur uses the same payment method that the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
ARTICLE 10 - EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period
Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and / or services;
Service contracts, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
Agreements related to leisure activities, if the agreement provides for a specific date or period of implementation;
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
ARTICLE 11– 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 as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can 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 stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the contract on the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
ARTICLE 12 - COMPLIANCE WITH THE AGREEMENT AND EXTRA WARRANTY
The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
An extra guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .
ARTICLE 13 - DELIVERY AND EXECUTION
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in these general terms and conditions, the company will execute accepted orders expeditiously, but you will execute them within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and the right to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. you will be notified clearly and comprehensively that a replacement item will be delivered upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are for the account of the entrepreneur.
The risk of damage and / or loss of products rests until the moment of delivery to the consumer by the entrepreneur, unless you have expressly agreed otherwise.
ARTICLE 14 - DURATION TRANSACTIONS
The consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
An agreement that has been entered into for a definite period has a term of maximum two years. If it has been agreed that the distance contract will be extended if the consumer remains silent, the contract will be continued as an indefinite contract and the notice period after the contract has been continued will be a maximum of one month.
ARTICLE 15 - PAYMENT
Unless agreed later, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after the issue of these documents.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s) concerned before the stipulated prepayment has taken place.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In case of default by the consumer, the entrepreneur has the right to charge the reasonable costs made known to the consumer, subject to legal restrictions.
ARTICLE 16 - COMPLAINT PROCEDURE
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
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 entrepreneur will reply within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
ARTICLE 17 - 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, do not hesitate to contact customer service. We will take the necessary steps to deal with your complaint within 14 days.
Every contract concluded with our customers, regardless of the customer's place of residence, you are exclusively governed by Belgian law and you are exclusively authorized by the Belgian courts to hear any disputes. If another law applies under international law, firstly, for the interpretation of these terms and conditions, reference is made to the Belgian legislation on market practices and consumer protection.
ARTICLE 18 - WE TAKE PRIVACY VERY SERIOUSLY
ARTICLE 19 - MARKETING COMMUNICATION - CONSENT
You can unsubscribe from such marketing at any time and withdraw your consent in "My Account" or directly in the received communications. Such cancellation will not affect the other services under this program.
ARTICLE 20 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional or deviating provisions from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.