Terms & conditions

Section 1 - Definitions

In these terms and conditions, the following definitions shall apply:

Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration 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 trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;Entrepreneur: the natural or legal person offering 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 distance selling 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 for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time;

Article 2 - Identity of the entrepreneur

Name of entrepreneur: Hi-Tec
Trading under the name(s): Hi-Tec / Brands2C
Registered office:
Maasstraat 67
2060 Antwerp
Belgium

E-mail address: info@hitec.shoes
VAT number BE: BE 0839 961 404

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract 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, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon 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 it can be stored by the consumer in a simple manner 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and in case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.

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 contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
1. the price including taxes;
2. the possible costs of delivery
3. the way in which the agreement will be concluded and which actions are necessary for this;
4. whether or not the right of withdrawal is applicable;

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated.
If the consumer has accepted the offer electronically, the trader 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 dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
2. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
3. the information on guarantees and existing after-sales services;
4. the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these data before the performance of the contract;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

On delivery of products:

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and its 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 to the entrepreneur with all delivered accessories and – if reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

In case of delivery of services:

With the delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the operator at the time of the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, he shall bear at most the costs of return shipment.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products
1. that were created by the entrepreneur according to specifications of the consumer;
2. that are clearly personal in nature
3. that cannot be returned due to their nature;
4. which spoil or age quickly;
5. whose price is subject to fluctuations on the financial market that are beyond the Entrepreneur’s control;
6. for individual newspapers and magazines;
7. for audio- and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services
1. concerning accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
2. the delivery of which commenced with the consumer’s express consent before the expiry of the withdrawal period;
3. concerning betting and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services on offer 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 that are beyond the Entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
1. they are the result of legal regulations or stipulations; or
2. the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

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 existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the contract.

Article 11 - Delivery and execution

The company will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general terms and conditions, the company will expeditiously execute accepted orders within 4 working days unless a longer delivery period has been agreed. We usually manage to deliver the package earlier. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be 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 made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration , termination and renewal

Termination

The consumer may terminate an open-ended contract that was concluded for the regular supply of services at any time in accordance with the applicable termination rules and a period of notice that does not exceed one month.
The consumer may terminate a fixed-term contract that was concluded for the regular supply of services at any time at the end of the fixed term in accordance with the applicable termination rules and a period of notice that does not exceed one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
- terminate 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 way as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

A fixed-term contract that was entered into for the regular provision of services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular supply of services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract relates to the regular supply, but less than once a month, of daily, news and weekly newspapers and magazines.
Agreements with a limited duration for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) are not tacitly continued and end automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to 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 should be paid within 14 days after the start of the reflection period referred to in Article 6(1). In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot 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 immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
In case 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

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice 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 which is subject to the dispute settlement procedure.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Belgian law.

Article 16 - Additional or different 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.

Last amendment: 12 December 2024.

This website uses backlinks from: