Terms and conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Reflection period : the period during which the consumer can make use of his right of withdrawal.
  2. Consumer : the natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the entrepreneur.
  3. Day : calendar day.
  4. Duration transaction : a distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time.
  5. Durable data carrier : any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Straight withdrawal: possibility for the consumer to waive the distance contract within the withdrawal period.
  7. Model form : the model withdrawal form that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal.
  8. Entrepreneur : the natural or legal person who remotely offers products and/or services to consumers.
  9. Distance contract : an agreement in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more distance selling techniques communication.
  10. Technique of remote communication : means that can be used to conclude an agreement, without the consumer and the entrepreneur meeting simultaneously in the same room.
  11. Terms and conditions : these general conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Company name: Hijabcollection.be

Professional address: Imperiastraat 8 - 1930 Zaventem

(This is not a visiting address)

Email: info@

Company number: BE 0782.311.037 

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is 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 at the entrepreneur and will be sent free of charge as soon as possible at the request of the consumer.
  3. 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 may be made available to the consumer electronically in such a way that the consumer can be stored in a simple on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be viewed electronically and that they will be sent free of charge at the consumer's request electronically or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision which is most favorable to him in the event of terms and conditions.
  5. If at any time one or more provisions of these terms and conditions are wholly or partially void or destroyed, the rest of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced without delay by mutual agreement by a layout that comes as close as possible to the original.
  6. Situations that are not regulated in these general conditions must be assessed "in the spirit" of these general conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our general conditions must be explained "in the spirit" of these general conditions.

 

Article 4 - The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and precise description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specification data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. The images accompanying the products are a faithful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. It concerns
    particularly :
    • the price including VAT 
    • any shipping costs 
    • the manner in which the agreement will be concluded and the actions necessary for this purpose 
    • whether or not the right of withdrawal applies 
    • the method of payment, delivery and performance of the contract 
    • the period for accepting the offer or the period within which the entrepreneur guarantees the price 
    • the amount of the distance communication tariff if the costs of using the distance communication technology are calculated on a basis other than the usual basic tariff for the means of communication used 
    • whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer 
    • the way in which the consumer, before concluding the contract, can check and, if he wishes, restore the data he has provided under the contract 
    • any other language in which, in addition to Dutch, the contract can be concluded 
    • the codes of conduct to which the entrepreneur 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 a long-term transaction.

 

Article 5 - The contract

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment of the consumer's acceptance of the offer and the fulfillment of the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can withdraw from the contract.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and to ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can inform himself - within the legal frameworks - whether the consumer can fulfill his payment obligations, as well as about all 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 conclude the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the implementation .
  5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium:

the visiting address of the establishment of the entrepreneur where the consumer can address his complaints.

b. the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

c. information on guarantees and existing after-sales service .

d. the information referred to in Article 4(3) of these general terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract.

And. the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

  1. In the case of a long-term transaction, the provision of the preceding paragraph only applies to the first delivery.
  2. Any agreement is concluded under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

When delivering the products:

  1. When purchasing products, the consumer has the option to withdraw from the contract without giving reasons for 14 days. This reflection period begins the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
  2. During the withdrawal period, the consumer will handle the product and the packaging with carAnd. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur in accordance with reasonable and clear instructions. supplied by the contractor.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the standard form. After the consumer has indicated 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 proof of shipment.
  4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal, has not returned the product to the entrepreneur, the purchase is a fact.

When providing services:

  1. When providing services, the consumer has the option to dissolve the contract without giving reasons for at least 14 days from the day of the conclusion of the contract.
  2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

 

Article 7 - Costs in the event of withdrawal

  1. If the consumer makes use of his right of withdrawal, the return costs will be at his expense.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been returned by the online retailer or conclusive proof of complete return can be submitted.
  3. In the event of deterioration of the product due to careless handling on the part of the consumer, the consumer is responsible for any loss of value of the product.
  4. The consumer cannot be held liable for the depreciation of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal, this must be done before the conclusion of the purchase contract.

 

Article 8 - Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
  2. The exclusion of the right of withdrawal is only possible for products:

a. which have been drawn up by the entrepreneur in accordance with the consumer's specifications.

b. which are clearly personal in nature.

c. which, by their nature, cannot be returned (like our digital files/presets).

d. which can spoil or deteriorate rapidly

And. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence.

F. for individual newspapers and magazines.

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygiene products whose seal the consumer has broken.

  1. The exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period.

b. the delivery of which has begun with the express consent of the consumer before the expiry of the withdrawal period.

c. regarding betting and lotteries.

 

Article 9 - The price

  1. During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes resulting from changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer variable prices for products or services, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influencAnd. This dependence on fluctuations and the fact that the prices quoted are indicative prices are stated in the offer.
  3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from legal regulations or provisions.
  4. Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

a. they are the result of legal regulations or provisions; Where

b. the consumer has the power to terminate the contract with effect from the day on which the price increase takes effect.

  1. The prices indicated in the offer of products or services include VAT.
  2. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and composition errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 10 - Compliance and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal and/or usability provisions valid on the date of conclusion. of the contract. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
  3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual consumer application, nor for advice regarding the use or application of the products.
  5. The warranty does not apply if:
  • The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties.
  • The delivered products have been exposed to abnormal conditions or are otherwise handled negligently or contrary to the instructions of the entrepreneur and/or have been treated on the packaging.
  • The defect results in whole or in part from regulations that the government has taken or will take concerning the nature or quality of the materials used.

 

Article 11 - Delivery and execution

  1. The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. In compliance with what is stated in paragraph 4 of this article, the company will execute accepted orders promptly, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or is only partially executed, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from the stated conditions. Exceeding a deadline does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
  7. The risk of damage and/or loss of the products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and informed representative of the entrepreneur, unless expressly agreed otherwise.

 

Article 12 - Duration operations: duration, cancellation and extension

cancelation

  1. The consumer may terminate a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to compliance with the agreed termination rules and a notice period of one month. at most.
  2. The consumer may terminate a contract which has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the termination rules agreed and a notice period of at least one month.
  3. The consumer may enter into the agreements referred to in the preceding paragraphs:
  • cancel at any time and are not limited to cancellation at any particular time or period.
  • at least cancel them in the same way as they were entered into by him;
  • always terminate with the same notice period that the entrepreneur has set for himself.

extension

  1. A contract concluded for a fixed period and which extends to the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a fixed period.
  1. Notwithstanding the preceding paragraph, an agreement concluded for a fixed period and which extends to the regular delivery of daily newspapers, weeklies and magazines may be tacitly extended for a fixed period of a maximum of three months, if the consumer objects to this. extended contract may cancel the end of the extension by giving notice of no more than one month.
  2. A contract concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time by giving notice of no more than one month and notice period of up to three months if the agreement extends to the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
  3. A limited-term contract for the regular delivery of daily newspapers, news, weeklies and magazines (trial or discovery subscription) is not tacitly extended and ends automatically after the trial or discovery period .

Duration

  1. If a contract has a duration of more than one year, the consumer can withdraw from the contract at any time after one year with a notice period of up to one month, unless there are reasonable and fair reasons to the contrary. termination before the end of the agreed term.

 

Article 13 - Payment

  1. Unless otherwise agreed, the sums owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the event of a service provision agreement, this period runs after the consumer has received confirmation of the agreement.
  2. The consumer has the obligation to immediately report any inaccuracies in the payment details provided or indicated to the entrepreneur.
  3. In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

 

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days of the discovery of defects by the consumer.
  3. Complaints submitted to the entrepreneur will receive a response within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved in mutual consultation, a dispute will be submitted to the dispute resolution procedure.
  5. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  6. If a complaint is found to be justified by the entrepreneur, he will replace or repair the delivered products free of charge at his discretion.

 

Article 15 - Disputes

  1. Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

 

Article 16 - Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions must not be to the detriment of the consumer and must be in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data medium.