General conditions
Article 1 – Definition
In these Terms, unless the context requires otherwise, the following expressions shall have the following meanings:-
trader: the natural or legal person who offers products and/or services to consumers remotely;
Consumer: the natural person who is not acting in the exercise of an activity or business and who enters into a distance purchase contract with the trader;
'distance agreement' means an agreement under which only one or more distance communication techniques are used in the context of a distance selling system organised by the operator until the contract is concluded;
Distance communication technology: means that can be used to conclude an agreement without the consumer and the trader meeting in the same room at the same time;
Time for reflection: the period within which the consumer can benefit from his right of withdrawal;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Day: Calendar day;
'fixed-term transaction' means a distance contract for a set of products and/or services whose obligation to supply and/or purchase extends over a longer period of time;
Sustainable medium: any means that allow the consumer or trader to personally store information addressed to him or her in such a way as to allow future consultation and unaltered reproduction of the information stored. In this Agreement, the following expressions shall have the following meanings, unless the context requires otherwise:-
Article 2 – Identity of the entrepreneur
BRINGTON EUROPE NV
KORALENHOEVE 15C
2160 WOMMELGEM
E-mail address: webshop@luggage4u.be
VAT identification number: BE 0889 874 139
If the economic operator's activity is subject to a relevant authorisation scheme:
the information about the supervisory authority;
If the entrepreneur is exercising a regulated profession:
the professional association or organisation to which he belongs;
the professional title, its place in the EU or in the European Economic Area in which it was awarded;
an indication of the professional rules in force in Belgium and information on where and how these rules of professional conduct are accessible.
Article 3 - Applicability
These terms and conditions apply to any offer made by the trader and to any distance selling agreement between the trader and the consumer.
Prior to the conclusion of the distance contract, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before concluding the distance contract, it will be indicated that the general conditions are identifiable to the trader and that they will be sent free of charge as soon as possible at the request of the consumer.
By way of derogation from the preceding paragraph and prior to the conclusion of the distance contract, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible before the conclusion of the distance contract, it will be indicated where the terms and conditions may be communicated electronically and that they will be transmitted free of charge or otherwise free of charge at the request of the consumer.
In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs shall apply cautiously, and in the event of conflicting general terms and conditions, the consumer may always invoke the provision most favourable to him.
Article 4 - The Offer
If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed for the consumer to be able to properly assess the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer. This concerns in particular:
the price including taxes;
all costs of delivery;
the manner in which the agreement is concluded and what measures are required;
whether the right of withdrawal applies or not;
the method of payment, delivery or performance of the contract;
the deadline for acceptance of the tender or the deadline for awarding the contract;
level of the fare-distance communication tariff, if the cost of the
the technology for remote communication is charged on a basis other than the basic tariff;
if the contract is archived after it has been concluded, the manner in which it can be consulted by the consumer;
the way in which the consumer can be informed about the transactions that he does not want before the contract is concluded and how he can restore it before the contract is concluded;
all languages in which the agreement may be concluded in addition to German; the codes of conduct to which the trader has been subjected and the way in which the consumer can consult those codes of conduct electronically; And
the minimum duration of the distance contract in the case of an agreement extending to the continuous or regular supply of products or services.
Article 5 - The Agreement
Subject to paragraph 4, the contract shall be concluded at the time of acceptance of the offer by the consumer and compliance with the conditions set out therein.
If the consumer has accepted the offer by electronic means, the operator must immediately confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance is not confirmed, the consumer may terminate the contract.
If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to ensure electronic data transmission and ensure a secure web environment. If the consumer is able to pay electronically, the operator shall adopt appropriate security measures for this purpose.
The trader shall provide the consumer with the following information in the case of the product or service made available to the consumer, in writing or in such a way that it can be stored by the consumer on a durable medium:
a. the address of the trader's place of business, where the consumer can get in touch with complaints;
b) the conditions and the manner in which the consumer may obtain the right of withdrawal or a clear communication of the exclusion of the right of withdrawal;
c) information about existing post-purchase services and warranties;
(d) the information referred to in Article 4(3) of these Conditions, unless the economic operator has already provided such information to the consumer prior to the performance of the contract;
(e) the conditions for terminating the contract if the contract is longer than one year or indefinitely.
If the trader has undertaken to supply a number of products or services, the provision in the preceding paragraph applies only to the first supply.
Article 6a - Right of withdrawal for delivery of products
When purchasing products, the consumer has the option of terminating the contract for two weeks without giving reasons. This period shall take place on the day following receipt of the product by or on behalf of the consumer.
During this time, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he/she exercises his/her right of withdrawal, he/she will return the Product to the Entrepreneur in accordance with the Entrepreneur's reasonable and clear instructions, with all the accessories supplied and, if reasonably possible, in its original condition and packaging.
Article 6b - Right of withdrawal in the provision of services
In the case of the provision of services, the consumer has the option of terminating the contract for 14 days from the date of conclusion of the contract without giving any reason.
In order to exercise their right of withdrawal, the consumer will address the appropriate and clear instructions given by the trader at the time of the offer and/or at the latest at the time of delivery.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of the return are to be borne by him.
If the consumer has paid an amount, the merchant will refund that amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 - Right of withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by the trader if the trader has clearly stated this in the offer, at least in good time for the conclusion of the contract. The exclusion from the right of withdrawal is only possible for products:
(a) set up by the economic operator in accordance with the consumer specifications;
(b) which are clearly of a personal nature;
(c) which, by their nature, cannot be returned;
(d) which may deteriorate or age rapidly;
(e) the price of which is linked to fluctuations in the financial market over which the trader has no control;
(f) for individual newspapers and periodicals;
(g) for audio and video recordings and computer software, the consumer of which has broken the seal.
The exclusion of the right of withdrawal is only possible for services:
(a) the performance of accommodation, transport, restaurant or leisure activities at a specific time or during a specific period;
(b) the supply of which has commenced before the expiry of the cooling-off period with the express consent of the consumer;
c) on betting and lotteries.
Article 9 - The price
During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, subject to price changes due to changes in VAT rates.
By way of derogation from 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 control, with variable prices. This obligation to fluctuate and the fact that the prices quoted are target prices are indicated in the offer.
Price increases within 3 months of the conclusion of the contract are only permissible if they are due to legal regulations or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the dealer has negotiated this and:
(a) they are the result of legal provisions or regulations; Or
(b) the consumer has the right to terminate the contract until the date on which the price increase takes effect.
The prices listed in the supply of products or services include VAT.
Article 10 - Conformity and warranty
The Entrepreneur shall ensure that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements for soundness and/or usability, as well as the legal and/or government regulations in force at the time the contract is concluded.
A scheme offered by the trader, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer may assert in the event of non-fulfilment of the trader's obligations towards the trader under the law and/or the distance contract.
Article 11 - Delivery and execution
The entrepreneur will exercise the utmost care in receiving and executing product orders and in evaluating service requests.
The place of delivery is the address provided by the consumer to the company.
Subject to the conditions set out in Article 4 of these Terms and Conditions, the Company shall carry out accepted orders with skillful urgency, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or an order cannot be fulfilled or can only be partially executed, the consumer will be notified no later than one month after the order has been placed. In this case, the consumer has the right to terminate the contract free of charge, to request an equivalent replacement product or to obtain compensation.
In the event of dissolution pursuant to the previous paragraph, the trader shall repay the amount paid by the consumer as soon as possible, but no later than 30 days after the dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavour to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly reported that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of the return are borne by the entrepreneur.
The risk of damage and/or disappearance of products remains with the distributor until the time of delivery to the consumer, unless otherwise expressly agreed.
Article 12 - Term transactions
The consumer may terminate a contract of indefinite duration at any time, subject to compliance with the agreed termination rules and a notice period of no more than one month.
A fixed-term contract has a maximum duration of two years. If it is agreed that in the event of consumer silence, the distance contract will be extended, the contract will continue as a contract of indefinite duration and the notice period after the continuation of the contract will not exceed one month.
Article 13 - Payment
Unless a later agreement has been made, the amounts owed by the consumer shall be paid within 14 days of delivery of the goods or, in the case of an agreement for the provision of a service, within 14 days of the issuance of the relevant document contract.
When selling products to consumers, a partial or full advance payment can be negotiated under conditions (during the withdrawal period). If the advance payment has been negotiated, the consumer cannot claim the right to execute the order or service in question before the advance payment is negotiated.
The consumer is obliged to immediately report any inaccuracies in the payment details provided or mentioned to the trader. In the event of default by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs previously disclosed to the consumer.
Article 14 - Complaints Procedure
The entrepreneur has a complaint procedure that has been sufficiently publicized and processes the complaint in accordance with this complaint procedure.
Complaints about the performance of the contract must be submitted to the trader in a timely, complete and clearly defined manner after the consumer has identified the deficiencies.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably long processing time, the trader will respond within the 14-day period with a receipt message and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises that is open for dispute resolution.
Article 15 - Disputes
Agreements between the trader and the consumer to which these terms and conditions refer are governed only by Belgian law.
Article 16 - Additional or derogating provisions
Additional or different provisions must not be to the detriment of the consumer and should be in writing or set out in such a way that they can be kept accessible by the consumer on a durable medium.
Article 17 - Modification of the Terms and Conditions
Changes to these terms and conditions shall not be effective until they have been duly published, provided that the most favourable provision for the consumer prevails in the event of any applicable changes during the term of an offer.
Article 18 - Identity theft and credit card fraud
To ensure the security of your online visit, Luggage4U only works with licensed security partners. This minimizes the loss or theft of your identity information. Luggage4U believes that it has taken all possible and relevant precautions and thus acts as a normal, forward-looking and diligent online intermediary. Identity theft or (financial) theft cannot therefore be claimed against Luggage4U.