General Terms and Conditions
We are I Like BV.
Kortrijksestraat 41
8501 Heule
België
BE0641886414
Article 1 - Definitions
For the purposes of these terms and conditions, the following definitions shall apply:
- Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of a contract between that third party and the trader;
- Withdrawal period: the period within which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Duration contract: a contract for the regular supply of goods, services and/or digital content for a specified period;
- Durable data carrier: any tool - including e-mail - that enables the consumer or trader to store information that is addressed to them personally, in a manner that future consultation or use during a period that is tailored to the purpose for which the information is intended, and that unaltered reproduction of the stored information is possible;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Trader: the natural or legal person who offers products, (access to) digital content and / or services at a distance to consumers;
- Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for distance selling of products, digital content and / or services, up to and including the conclusion of the contract exclusive or joint use of one or more means of distance communication;
- Model withdrawal form: the European model withdrawal form set out in Annex I to these conditions. Annex I need not be made available if the consumer does not have a right of withdrawal with regard to their order;
- Technique for distance communication: means that can be used for concluding a contract, without the consumer and the trader having to be together in the same room at the same time.
Article 2 - Identity of the trader
I Like BV trades under the name Beer I Like
Business address:
Kortrijksestraat 41
8501 Heule
It can be reached at:
E-mailadres: webshop@beerilike.be
Company registration number: BE0641886414
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader 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, prior to the conclusion of the distance contract, the trader will indicate how the general terms and conditions can be viewed at the trader 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 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 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 the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy and the consumer may, in the event of conflicting terms and conditions, always invoke the applicable provision that is most favourable to them.
Artikel 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, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
- 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 contract
- Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and meets the conditions set.
- If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
- If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader will take appropriate security measures.
- Within the limits of the law, the trader may enquire whether the consumer can meet their payment obligations, as well as regarding all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to the implementation.
- At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- The address of the trader's registered office to which the consumer can address any complaints in writing;
- The terms on which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
- Information about guarantees and existing after-sales service;
- The price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
- If the consumer has a right of withdrawal, the model withdrawal form. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
- If the consumer makes use of the right of withdrawal, then the consumer shall report this to the trader within the cooling-off period of 14 days after receipt of the products by means of the model withdrawal form or in any other unequivocal manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorised representative of) the trader. In any event, the consumer has complied with the cooling-off period if they return the product before the cooling-off period has expired.
- Only unopened products are eligible.
- The consumer shall return the product with all delivered accessories, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer bears the direct costs of returning the product.
Article 7 - 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. This fluctuation and the fact that any prices quoted are target prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the contract as from the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services are inclusive of VAT, unless stated otherwise.
Article 8 - Fulfilment of contract
The trader guarantees that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the contract.
Article 9 - Delivery and performance
- The trader will take the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has provided to the trader.
- Subject to what is stated in Article 4 of these general terms and conditions, the trader will execute accepted orders expeditiously but at the latest within 5 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer will receive notification of this at the latest 7 days after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge. Purchases with a delivery address outside Europe are not arranged via the website. For this, the customer must contact webshop@beerilike.be.
- After dissolution in accordance with the previous paragraph, the trader will immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer or a representative appointed in advance and made known to the trader, unless expressly agreed otherwise.
Article 10 - Long-duration transactions: duration, termination and extension
Termination:
- The consumer may terminate a contract for an indefinite period of time, and that extends to the regular delivery of products or services, at any time subject to agreed termination rules and a notice of up to one month.
- The consumer may terminate a contract for an indefinite period, and that extends to the regular delivery of products or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice of up to one month.
- With regard to the contracts referred to in the previous paragraphs, the consumer may:
- terminate at any time and not be limited to termination at a specific time or in a specific period of time;
- terminate at least in the same manner as they have been entered into by the consumer;
- always terminate with the same notice period as the trader has stipulated for itself.
Extension:
- A contract entered into for a definite period of time for the regular delivery of products or services may not be tacitly extended or renewed for a definite period of time.
- Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if, at the end of the extension, the consumer can terminate the extended contract with a notice of up to one month.
- A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate the contract with a notice not exceeding one month. The notice period shall not exceed three months if the contract provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- A contract for a limited period of time for the regular supply of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.
Duration:
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and the fairness mitigate against termination before the end of the agreed period.
Artikel 11 - Payment
- When goods are purchased, the purchase amount shall be paid in advance. In the case of a contract to provide a service, this period shall commence on the day after the consumer receives confirmation of the contract.
- When advance payment is required, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
- The consumer has the duty to report any inaccuracies in the payment details that have been provided or stated to the trader without delay.
- If the consumer does not meet their payment obligation(s) on time, they will owe the statutory interest on the amount still owed, after the trader has drawn the consumer's attention to the late payment and the trader has allowed the consumer a period of 14 days to still meet their payment obligations, after payment has not been made within this 14-day period, and the trader is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000 with a minimum of € 40. The trader may deviate from the above amounts and percentages for the benefit of the consumer.
Article 12 - Settlement of complaints and disputes
- The trader has a suitably advertised complaints procedure and handles the complaint in accordance with this complaint procedure. The trader will do everything in its power to deal with a complaint within 7 days of receipt.
- All contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Belgian law and in the event of disputes only the competent Belgian courts have jurisdiction. If, for reasons of international law, a different law is applicable, the interpretation of these general terms and conditions will in the first place be based on the Belgian Market Practices and Consumer Protection Act.
- In the event of out-of-court settlement of the dispute, the Consumer Mediation Service of the Federal Public Service Economy is authorised to receive any request for out-of-court settlement of consumer disputes. The latter will in turn either process the request itself or forward it to a qualified entity. The Consumer Mediation Service can be reached via this link: http://www.consumentenombudsdienst.be/.
- In the event of disputes of a cross-border nature, consumers can also appeal to the Online Dispute Resolution platform of the European Union via this link: http://ec.europa.eu/odr.
Article 13 - Supplementary or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment 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.