Terms of service

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

Reflection period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration of transaction: a distance contract relating to
a series of products and/or services, the delivery and/or
purchase obligation of which is spread over time;

Durable data carrier: any means that enables the consumer or
entrepreneur to store information that is addressed to him personally in a way that enables future consultation and
unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer 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 whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 – Identity of the entrepreneur

Auto Accent
Sander de Vosstraat 100, 2500 Lier, Belgium
Email address: info@autoaccent.be
VAT identification number: BE0766.526.068

Article 3 – Applicability

These general terms and conditions apply to every offer from
the entrepreneur and to every distance contract and orders 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, it will be indicated before the distance contract is concluded that
the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge
as soon as possible at the consumer's request.

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 easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise 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 apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.

Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

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 is without obligation. The entrepreneur is entitled to
change 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 enable 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 termination of the agreement.

Images of products are a true representation
of the products offered. The entrepreneur cannot guarantee
that the colours displayed correspond exactly to the real colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular:

the price including taxes;

any shipping costs;

the manner in which the agreement will be concluded and which actions are required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery and execution of the agreement;

the term for accepting the offer, or the term within which the entrepreneur guarantees the price;

the amount of the rate for distance communication if the
costs of using the technology for distance communication are calculated on a basis other than the regular
basic rate for the means of communication used;

whether the agreement is archived after it has been concluded, and if so, how the consumer can consult it;

the manner in which the consumer, before concluding the
agreement, can check the data provided by him in the context of the
agreement and, if necessary, restore it;

any other languages ​​in which, in addition to Dutch, the
agreement can be concluded;

the codes of conduct to which the entrepreneur has submitted
and the manner 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.

Optional: available sizes, colours, type of materials.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time 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 acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to that end.

The entrepreneur can – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

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 carrier:

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
notification regarding the exclusion of the right of withdrawal;

c. the information about guarantees and existing after-sales service;

d. the information included in article 4 paragraph 3 of these conditions,
unless the entrepreneur has already provided this information to the consumer
prior to 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 long-term transaction, the provision in the previous paragraph only
applies to the first delivery.

Each agreement is entered into under the suspensive conditions 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
for 14 days. This cooling-off period commences on the day after
the consumer or a representative designated in advance by the
consumer and made known to the entrepreneur
receives the product.

During the cooling-off period, 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 wishes to keep the product. If he exercises 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 the reasonable and clear
instructions provided by the entrepreneur.

If the consumer wishes to exercise his
right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days
after receiving the product. The consumer must make this known by means of a written message/email. After the consumer has made it known that he/she wishes to exercise his/her 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 a proof of shipment.

If the customer has not made it known that he/she wishes to exercise his/her right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal,
the costs for returning the products are for the account
of 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. The condition is that the
product has already been received back by the web shop or conclusive
proof of complete return can be 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 only applies if the
entrepreneur has clearly stated this in the offer, at least in good time before the
conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for
products:

a. that have been created by the entrepreneur in accordance with
the consumer's specifications;

b. If the product has been used

c. If the product has been tested in a way that is not possible in a physical store

Exclusion of the right of withdrawal is only possible for
services:

a. concerning accommodation, transport, restaurant business or leisure activities
to be performed 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 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 products and/or services offered will not be increased,
except for price changes resulting from changes in VAT
rates.

In deviation from 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 subjection to fluctuations and the fact that any prices stated
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
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. these are the result of legal regulations or provisions; or

b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services are
inclusive of VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the
consequences of printing and typographical errors. In the event of printing and typographical 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 soundness and/or
usability and the legal provisions and/or government regulations in force 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 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.

Any defects or incorrectly delivered products must be reported to the entrepreneur in
writing within 14 days of delivery. The products must be returned in the
original packaging and in new condition.

The entrepreneur's warranty period corresponds to the
factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each 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
processed the delivered products themselves or has had them repaired and/or
processed by third parties;

The delivered products have been exposed to abnormal circumstances or have otherwise been treated carelessly or in
contrary to the instructions of the entrepreneur and/or on the
packaging;

The defectiveness is wholly or partly the result of
regulations that the government has set or will set with regard to
the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing
orders for products.

The place of delivery is the address that the consumer has made known to the
company.

With due observance of 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 the delivery is delayed, or
if an order cannot be executed or can only be executed in part, the consumer will receive notification of this no later than 30 days after
he placed the order. In that case, the consumer has the right to terminate the agreement without costs and
is entitled to any compensation.

In the event of termination 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 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. 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 previously designated representative made known to the entrepreneur, unless expressly agreed otherwise. If the customer provides an incorrect address and only indicates this after the order has been sent, the entrepreneur/seller is not responsible for the loss of the package by the courier service. In this case, the customer is responsible for the loss of the package and can only recover the blame from himself or the courier service.

Article 12 – Duration transactions: duration, termination and extension

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products
(including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products
(including electricity) or services, at any time towards the end of the definite period, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and not be limited to termination at a
specific time or during a specific period;

at least terminate them in the same manner as they were entered into by him;

always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

A contract entered into for a fixed period and intended to
provide for the regular delivery of products (including electricity) or services, may not be tacitly extended or
renewed for a fixed period.

By way of exception to the previous paragraph, a contract entered into for a
fixed period and intended to provide for the regular delivery of
daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of
maximum three months, if the consumer can cancel this extended contract at the end of the
extension with a notice period of at most one month.

An agreement entered into for a fixed period and which aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate the agreement at any time with a notice period of at most one month and a notice period of at most three months in the event that the agreement aims at the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (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 at most 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 commences after the consumer has received confirmation
of the agreement.

The consumer has the duty to report any inaccuracies in the payment details provided or
stated to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur
has the right, subject to legal restrictions, to charge the reasonable costs made known to the
consumer in advance.

Article 14 – Complaints procedure

Complaints about the performance of the agreement must be submitted to the
entrepreneur fully and clearly described within 7
days 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
answer within the period of 14 days with a confirmation of receipt and an indication of when the
consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to 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 its discretion, either
replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer
to which these general terms and conditions apply, are
exclusively subject to Belgian law. Even if the
consumer resides abroad.