Terms and Conditions
Article 1 – Definitions In these terms and conditions, the following definitions apply:
Cooling-off Period : the period during which the consumer can exercise their right of withdrawal;
Consumer : the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day : calendar day;
Duration Transaction : a distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable Medium : any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of Withdrawal : the consumer's option to cancel the distance contract within the cooling-off period;
Entrepreneur : the natural or legal person who offers products and/or services to consumers at a distance;
Distance Contract : an agreement concluded between the entrepreneur and the consumer within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of Distance Communication : a tool that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time;
General Terms and Conditions : the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
[SD projects bv]
[Krugerstraat] [238], [2660] [Antwerp];
Email address: [info@deyli-bags.eu]
VAT identification number: [BE0744.679.688]Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, the entrepreneur will indicate before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer upon request as soon as possible. If the distance contract is concluded electronically, 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 medium. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting terms. If one or more provisions in these general terms and conditions are wholly or partially void or canceled at any time, the remaining provisions of the agreement and these terms and conditions will remain in force, and the relevant provision will be replaced by a provision that approximates the original intent as closely as possible. Situations not covered by these general terms and conditions shall be assessed in the spirit of these terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in the spirit of these general terms and conditions.Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offering is non-binding. The entrepreneur is entitled to modify and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes, in particular:
The price including taxes;
Any shipping costs;
The manner in which the agreement will be concluded and what actions are required for this;
Whether the right of withdrawal applies;
The method of payment, delivery, and execution of the agreement;
The period for accepting the offer or the period within which the entrepreneur guarantees the price;
The rate for distance communication if the cost of using the means of distance communication is calculated on a basis other than the regular basic rate for the communication tool used;
Whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
The manner in which the consumer can check and, if necessary, correct the data provided by them in the context of the agreement before concluding the contract;
Any other languages in which, in addition to Dutch, the agreement can be concluded;
The codes of conduct to which the entrepreneur has subscribed and how the consumer can access these codes electronically;
The minimum duration of the distance contract in the case of a duration transaction.
Optional: available sizes, colors, types of materials.Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. 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 concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur may – within legal frameworks – verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If the entrepreneur has good grounds to refuse the agreement based on this investigation, they are entitled to refuse an order or request or attach special conditions to its execution. The entrepreneur will provide the consumer with the following information, either in writing or in a manner accessible to the consumer for storage on a durable medium, along with the product or service:
a. The visiting address of the entrepreneur's establishment where the consumer can lodge 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 warranties and existing after-sales service;
d. The data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts the day after the consumer or a representative designated by the consumer in advance and communicated to the entrepreneur receives the product. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories 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. If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must communicate this via a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by means of proof of shipment. If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer. 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, provided that the product has already been received back by the entrepreneur or conclusive proof of complete return shipment has been provided.Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:
a. That have been manufactured by the entrepreneur according to the consumer's specifications;
b. Those are clearly personal in nature;
c. That cannot be returned due to their nature;
d. That can spoil or age quickly;
e. Whose price 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 whose seals have been broken by the consumer;
h. For hygiene products whose seals have been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
a. Concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
b. Whose delivery has begun with the consumer's explicit consent before the cooling-off period has expired;
c. Concerning bets and lotteries.Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. They result from legal regulations or provisions; or
b. The consumer has the right to terminate the agreement as of the date the price increase takes effect.
The prices mentioned in the offer of products or services include VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.Article 10 – Conformity and 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 and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The return of the products must be made in the original packaging and in new condition. The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the entrepreneur's instructions and/or the packaging;
The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products. The place of delivery is the address that the consumer has communicated to the company. Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and to claim any compensation. In the event of dissolution as per the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and communicated to the entrepreneur, unless expressly agreed otherwise.Article 12 – Duration Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement concluded for an indefinite period and aimed at the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month. The consumer may terminate an agreement concluded for a definite period and aimed at the regular supply of products (including electricity) or services at any time at the end of the definite period, subject to agreed termination rules and a notice period of no more than one month. The consumer may terminate the agreements mentioned in the previous paragraphs:
At any time and is not limited to termination at a specific time or in a specific period;
At least in the same manner as they were entered into by them;
Always with the same notice period as the entrepreneur has dictated for themselves.
Renewal
An agreement concluded for a definite period and aimed at the regular supply of products (including electricity) or services may not be tacitly renewed or extended for a definite period. Contrary to the previous paragraph, an agreement concluded for a definite period and aimed at the regular supply of daily, weekly, and monthly newspapers and magazines may be tacitly extended for a definite period of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month. An agreement concluded for a definite period and aimed at the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the case of an agreement aimed at the regular, but less than once a month, supply of daily, weekly, and monthly newspapers and magazines. An agreement with a limited duration aimed at the regular supply of daily, weekly, and monthly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of default by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has detected 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a receipt notice and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute arises that is eligible for the dispute resolution procedure. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer is resident abroad.
