General terms and conditions

TERMS AND CONDITIONS OF SALE

Article 1 – Entire Agreement

These Terms and Conditions of Sale express the full obligations of the parties. In this sense, the Buyer is deemed to have accepted them without reservations.

These Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to in-store sales or those made through other distribution and commercialization channels.

They are accessible on the website www.kriegger.com and shall prevail, if applicable, on all other version or any other contradictory document.

The seller and the buyer agree that these Terms and Conditions of Sale shall govern exclusively their relationship. The seller reserves the right to modify its terms and conditions in a timely manner. They will be applicable starting from the moment they are published online.

If a condition of sale proves to be ineffective, it would be considered to be governed by the practices in force in the distance selling sector for companies whose registered office are located in Belgium.

Article 2 - Content

The object of these Terms and Conditions is to define the rights and obligations of the parties in the context of the online sale of the items provided by the seller to the buyer, through the website www.kriegger.com.

These Terms and Conditions concern the sales made by buyers located in Belgium and delivered within Belgian territory. By extension, they apply also to all orders made by buyers located within the territory of the European Union.

These purchases concern all the products appearing on the online catalogue made available on the website www.kriegger.com.

With regards to dietary supplements and protein supplements, all the products offered for sale on the website www.kriegger.com were submitted by our various suppliers to the authorities of the Federal Public Health Service “Security of the Food Chain and the Environment” and are subject to national notification within Belgian territory only. All the products are notified and are supplied with a NUT, PL or NUT/PL number.

For orders made by buyers located outside of Belgian territory, buyers are required to ensure that they are not in contradiction with the legislation of the destination country.

Therefore, clients must make sure before they place an order that the ordered products are authorized by the legislation of their country.

Dietary supplements are food items whose purpose is to complement a normal diet and constitute a concentrated source of nutriments or other substances that have a nutritional or physiological effect, either on their own or in combination.

These products complement a person’s diet. They are thus not meant to substitute ordinary food. Their nutritional intake is in addition to the intake provided by ordinary food, including those provided by enriched foods.

These products are essentially constituted by ingredients that have a nutritional or physiological effect (plants, nutrients, other substances, etc.). Unlike conventional foods, dietary supplements are not made up of a food matrix, i.e., a complex physical structure including macronutrients (carbohydrates, lipids and proteins).

Dietary supplements are therefore foods presented in a pre-dosed form. They should not be confused with other foodstuffs (e.g.: herbal tea, candy, drinks etc.)

Although similar in format, dietary supplements are not medicines. Intended for the general, healthy population, they are not intended to replace medical treatment.

Given their characteristics, dietary supplements are not harmless products. They can present risks in case of misuse. It is thus advisable to respect the advice of use. It is also advisable to pay close attention to cumulative consumption (e.g., when several dietary supplements are taken at the same time) and to potential interactions with other products (drugs).

Consultation with a health professional is strongly advised for:

• Pregnant and breastfeeding women,

• Children and teenagers,

• people undergoing medical treatment.

The buyer declares to have read these Terms and Conditions of sale and to have accepted them immediately before purchasing or placing his order.

Article 3 – Precontractual Information

The Buyer recognizes having been informed, before placing his order and concluding his contract, in a legible and comprehensible manner, of the present Terms and Conditions of Sale and all the information listed in Article VI. 45 of the Belgian Code of Economic Law and the information below:

1. the main characteristics of the good or service, to the extent appropriate to the communication medium used and the good or service concerned;

2. the identity of the company, in particularly its company number, trade name;

3. the geographic address where the business is located, as well as its telephone number, fax number and e-mail address, when available, to enable the consumer to contact it quickly and communicate with it effectively and, where applicable, the geographic address and identity of the business on whose behalf it is acting;

4. if different from the address provided in accordance with point 3°, the geographical address of the company’s registered office and, where applicable, that of the company on whose behalf it is acting, to which the consumer may address any complaints;

5. the total price of the goods or services including all taxes or, where the price cannot reasonably be calculated in advance due to the nature of the goods or services, the method of calculating the price and, where applicable, any additional transport, delivery or postage costs and any other costs or, where such additional costs cannot reasonably be calculated in advance, the mention that they may be payable. In the case of an open-ended contract or a contract with a subscription, the total price includes the total costs per billing period. Where such contracts are billed at a fixed rate, the total price also includes the total monthly costs. Where the total cost cannot reasonably be calculated in advance, the method of calculating the price shall be disclosed;

6. the cost of using a remote communication technique to conclude the contract, when this cost is calculated on a basis other than the basic rate;

7. the terms of payment, delivery and performance, the date on which the company undertakes to deliver the goods or perform the services and, where applicable, the terms and conditions provided by the company for handling complaints;

8. where the right of withdrawal exists, the conditions, time limit and procedures for exercising that right in accordance with Article VI.49(1) and the sample withdrawal form in Annex 2 to this Book;

9. where applicable, the fact that the consumer will have to bear the cost of returning the goods in the event of withdrawal and, if the goods, because of their nature, cannot normally be returned by post, the cost of returning the goods;

10. in the event that the consumer exercises the right of withdrawal after having submitted a request in accordance with Article VI.46, § 8, the information according to which the consumer is required to pay reasonable costs to the company, in accordance with Article VI.51, § 3;

11. where the right of withdrawal is not provided for in accordance with Article VI.53, the information according to which the consumer will not benefit from this right or, where applicable, the circumstances in which the consumer loses his right of withdrawal;

12. a reminder of the existence of a legal warranty of conformity for the goods;

13. where appropriate, the existence of after-sales assistance to the consumer, after-sales service and commercial warranties, as well as the conditions relating thereto;

14. where applicable, the existence of applicable codes of conduct and how to obtain a copy of them;

15. the duration of the contract, if any, or, in the case of an open-ended or automatically renewable contract, the conditions for terminating the contract;

16. where applicable, the minimum duration of the consumer’s obligations under the contract;

17. where applicable, the existence of a deposit or other financial warranty to be paid or provided by the consumer at the request of the company, as well as the conditions relating thereto;

18. where applicable, the features of the digital content, including the applicable technical protection measures;

19. where applicable, any relevant interoperability of the digital content with certain hardware or software of which the enterprise is or should reasonably be aware;

20. where appropriate, the possibility of using an out-of-court complaints and redress procedure to which the company is subject and the arrangements for access to it.

Article 4 – The Order

The buyer has the option to place his order online, from the online catalog and by means of the form contained therein, for any product, within the limits of available stocks.

If an ordered product is unavailable, the buyer will be informed by e-mail.

For the order to be validated, the buyer must accept, by clicking in the indicated spot, these terms and conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

• after the seller sends the buyer a confirmation of acceptance for his order by e-mail;

• and after the seller has received payment for the full price.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the warranties mentioned below.

In certain cases, in particular in the event of non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

The cancellation of the order of this Product and its possible refund will then be made, the rest of the order remaining firm and final.

For any question relating to the follow-up of an order, the buyer must call +32 2 512 79 57 between 9 am and 5 pm from Monday to Friday (cost of a local call).

Article 5 – Electronic Signature

The online provision of the buyer’s credit card number and the final validation of the order will be proof of the buyer’s agreement:

• to the payability of the sums due under the purchase order,

• to the signature and express acceptance of all operations carried out.

In case of fraudulent use of the credit card, the buyer is invited, as soon as he notices said fraudulent use, to call +32 2 512 79 57 between 9 am and 5 pm from Monday to Friday (cost of a local call).

Article 6 – Order Confirmation

The seller shall provide the buyer with a copy of the contract, on paper signed by the parties or, with the agreement of the buyer, on another durable medium, confirming the express commitment of the parties.

Article 7 – Proof of transaction

The computerized registers, kept in the seller’s computer systems under reasonable conditions of security, will be considered as proof of the communications, orders and payments carried out between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof.

Article 8 – Information on the products

The products governed by these terms and conditions are those that appear on the seller’s website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stock.

The products are described and presented as accurately as possible. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.

The photographs of the products are not contractually binding.

Article 9 - Price

The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability at that date.

Prices are indicated in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store. Payment of the totality of the price must be made at the time of the order. At no time can the sums paid be considered as a deposit or advance payment.

If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, upwards or downwards, this change may be passed on to the sale price of the products.

The price is payable in full and in a single installment at the time the order is placed, according to the terms and conditions defined in Article 10 of these terms and conditions.

Article 10 – Payment Method

Every order entails an obligation of payment, which means that placing an order implies payment by the buyer.

To settle his order, the buyer can choose among all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees the seller that he has the authorizations possibly necessary to use the payment method chosen by him, during the validation of the order form. The seller reserves the right to suspend the processing of any order and any delivery in case the officially accredited organizations refuses the authorization to pay by credit card or in case of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress. The seller has set up an order verification procedure designed to ensure that no one uses the bank details of another person without his knowledge.

As part of this verification, the buyer may be asked to send the seller a copy of an identity document and proof of address by e-mail. The order will then be validated only after receipt and verification by the seller of the documents sent.

Payment of the price is carried out when the order is made, according to the modalities proposed on our website.

The payments made by the buyer will be considered final only after effective collection of the sums due by the seller.

Article 11 – Product Availability – Refunds – Termination

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stock, those indicated below. The shipping times run from the date of registration of the order as indicated on the order confirmation email.

In the event of failure to comply with the agreed delivery date or deadline, the buyer shall, before cancelling the contract, instruct the seller to perform the contract within a reasonable additional period.

Should the seller fail to do so after the expiry of this additional period, the Buyer shall be free to withdraw from the contract.

The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed its obligation in the meantime.

However, the buyer may immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for him.

In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel his order. The buyer will then have the choice to request either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.

Article 12 – Delivery Method

Delivery means the transfer of physical possession or control of the goods to the consumer. It is made only after confirmation of payment by the seller’s bank.

The products ordered are delivered through the postal services or any other duly authorized courier service.

The products are delivered to the address indicated by the buyer on the order form and the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, at his request, have the invoice sent to his billing address rather than his delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the parcel to be collected at the place and during the period indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery slip and in the form of handwritten reservations, accompanied by his signature, any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products, etc.).

This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery slip.

The buyer must then confirm these reservations to the carrier by registered mail within two working days of receipt of the item(s) and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal notice of the site.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.)

Article 13 – Delivery Errors

The buyer must make to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

The complaint may be made, at the choice of the buyer:

• telephone number: +32 2 512 79 57

• e-mail address: eshop@kriegger.com

Any claim not made pursuant to the rules and within the time limits defined above cannot be taken into account and will release the seller from any responsibility towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the attribution of the exchange number.

In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, using Colissimo Recommandé, at the following address: Harkos, Rue de la station 106, Rhode Saint Genese:

The return costs are the responsibility of the seller.

Article 14 – Transfer of Risk

The risk of loss of or damage to the goods passes to the consumer when the consumer, or a third party designated by the consumer and other than the carrier, takes physical possession of the goods.

However, the seller is relieved of the delivery which is entrusted to an independent carrier, at the buyer’s choice.

The latter will then have to indicate to this carrier the delivery address.

Delivery is deemed to have been made as soon as the products ordered by the seller are handed over to the carrier.

Under these conditions, the buyer therefore can present no warranty claims against the seller in the event of failure to deliver the goods transported.

Article 15 – Product Warranties

15.1 Legal warranty of conformity and legal warranty against latent defects

HARKOS, Limited Liability Company, having its registered office at 1190 FOREST, rue des Anciens Etangs, guarantees the conformity of the goods to the contract, allowing the buyer to make a claim under the legal warranty of conformity provided for in articles 1649 quater of the Civil Code or the warranty against latent defects of the thing sold within the meaning of articles 1641 et seq. of the Civil Code.

In the event of implementation of the legal warranty of conformity, it is reminded that:

• the buyer benefits from a period of 2 years as from the delivery of the good to act;

• the buyer can choose between repair or replacement of the good, subject to the cost conditions provided by article 1649 quater of the Civil Code;

• the buyer is exempted from providing proof of the existence of the lack of conformity of the goods during the 6 months following the delivery of the goods.

• the legal warranty of conformity applies independently of the commercial guarantee indicated below;

• the buyer may decide to implement the warranty against latent defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the Civil Code.

15.2 Commercial Warranty

The products sold are also covered by a commercial warranty designed to guarantee their conformity and ensure the reimbursement of the purchase price, replacement or repair of the goods.

It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

The foregoing provisions are not exclusive of the application of the legal warranty of conformity of article 1649 quater of the Civil Code and the guarantee against latent defects of the thing sold of Article 1641 and seq. of the Civil Code.

Article 16 - Right of Withdrawal

In accordance with the provisions of the Code of Economic Law, the buyer has a period of 14 working days from the delivery date of his order to return any item that does not suit him and request an exchange or refund without penalty, except for the return costs, which remain the responsibility of the buyer.

However, the products must be returned in their original packaging and in perfect condition within 14 days following notification to the seller of the buyer’s decision to withdraw.

Returns are to be made in their original condition and must be complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on the website www.kriegger.com. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the willingness to withdraw.

In case of exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased shall be refunded and the delivery costs shall be reimbursed.

The return costs are at the expense of the buyer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided for above.

Article 17 - Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered as grounds for exoneration of the parties’ obligations and lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

All irresistible facts or circumstances that are external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts will be considered as events of force majeure. More explicitly, in addition to those events usually retained by the jurisprudence of the French courts and tribunals as cases of force majeure or fortuitous events, so will the following: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these terms and conditions may be terminated by the injured party.

Article 18 – Intellectual Property

The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole owner of the intellectual property rights on this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.

Article 19 - Data Protection Act

The nominative data provided by the buyer is necessary to process his order and to draw up invoices.

They may be communicated to the partners of the seller in charge of the execution, processing, management and payment of orders.

The processing of information communicated through the website www.kriegger.com complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Regulation on Data Protection).

The purchaser has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her. This right may be exercised under the conditions and according to the terms and conditions defined on the website www.kriegger.com.

Article 20 - Partial non-validity

If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.

Article 21 – No Waiver

The decision of one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 22 - Headings

In case of difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses themselves, the headings will be declared non-existent.

Article 23 – Language of the Contract

The terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

Article 24 – Applicable Law

These terms and conditions are subject to the application of Belgian law, to the exclusion of the provisions of the Vienna Convention. This shall be the case for both substantive rules as well as for the rules of form. In the event of a dispute or complaint, the buyer will first address the seller to obtain an amicable solution.

ANNEXE 1 - Provisions relating to legal warranties

§ 2. OF WARRANTY AGAINST THE DEFECTS OF THE THING SOLD.

  Art. 1641. A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

  Art. 1642. A seller is not liable for defects which are patent and which the buyer could ascertain for himself.

  Art. 1643. He is liable for latent defects, even though he did not know of them, unless he has stipulated that he would not be bound to any warranty in that case.

  Art. 1644. In the cases of Articles 1641 and 1643, the buyer has the choice either of returning the thing and having the price repaid to him or of keeping the thing and having a part of the price repaid to him, as appraised by experts.

  Art. 1645. Where the seller knew of the defects of the thing, he is liable, in addition to restitution of the price which he received from him, for all damages towards the buyer.

  Art. 1646. Where the seller did not know of the defects of the thing, he is only liable for restitution of the price and for reimbursing the buyer for the costs occasioned by the sale.

  Art. 1647. Where the thing which had defects perishes because of its bad quality, the loss falls upon the seller who is liable to the buyer for restitution of the price and other compensations explained in the two preceding Articles.

  But a loss occasioned by a fortuitous event falls upon the buyer.

  Art. 1648. The action resulting from redhibitory defects must be brought by the buyer, within a short period of time, depending on the nature of the redhibitory defects and the customs of the place where the sale was made.

  Art. 1649. It does not take place with regard to sales made by order of the court.

  Chapter IV. – Provisions pertaining to the sales to consumers. <Inserted by L 2004-09-01/38, art. 3, Effective: 01-01-2005>

  Art. 1649bis. <Inserted by L 2004-09-01/38, art. 3, Effective: 01-01-2005> § 1er. The present section is applicable to sales of consumer goods by a seller to a consumer.

  § 2. For the purposes of this section, we mean by:

  1° “consumer” means any natural person who acts for purposes which are not within the scope of his or her professional or commercial activity;

  2° “seller”: any natural or legal person who sells consumer goods in the course of his trade, business or profession;

  3° “consumer goods”: any tangible movable object, except:

  - goods sold on seizure or in any other manner by authority of law,

  - water and gas when they are not packaged in a delimited volume or in a determined quantity,

  - electricity;

  4° “producer”: the manufacturer of a consumer good, the importer of a consumer good on the territory of the European Community or any person who presents himself as a producer by affixing his name, trademark or other distinctive sign to the consumer good;

  5° “warranty” means any undertaking by a seller or producer to reimburse the consumer for the price paid, or to replace, repair or otherwise deal with the goods if they do not meet the conditions set out in the warranty statement or in the advertising relating thereto;

  6° “repair” means, in the case of a lack of conformity, to bring the consumer goods into conformity with the contract.

  § 3. For the purposes of this section, contracts for the supply of consumer goods to be manufactured or produced are also deemed to be sales contracts.

  Art. 1649ter. <Inserted by L 2004-09-01/38, art. 3, Effective: 01-01-2005> § 1er. For the purposes of Article 1604(1), consumer goods delivered by the seller to the consumer are deemed to be in conformity with the contract only if:

   1° they correspond to the description given by the seller and possess the qualities of the good which the seller has presented to the consumer in the form of a sample or model;

  2° they are fit for any special purpose sought by the consumer, which the consumer brought to the knowledge of the seller at the time of the conclusion of the contract and which the seller has accepted;

  3° they are fit for the purposes for which goods of the same type are usually used;

  4° they have the quality and performance customary in goods of the same type which the consumer may reasonably expect, with regards to the nature of the goods and, where appropriate, with regards to public statements made on the specific characteristics of the goods by the seller, the producer or his representative, in particular in advertising or labelling.

  § 2. The seller is not bound by public statements as referred to in § 1, 4°, if he demonstrates:

  - that he was not aware of the declaration in question and was not reasonably able to be aware of it,

  - that the declaration in question had been rectified at the time the contract was concluded, or

  - that the decision to purchase the consumer good could not have been influenced by the statement.

  § 3. A lack of conformity shall be deemed not to exist within the meaning of this Article if, at the time of conclusion of the contract, the consumer was aware of the lack of conformity or could not reasonably have been unaware of it, or if the lack of conformity had its origin in materials supplied by the consumer.

  § 4. Any lack of conformity resulting from improper installation of the consumer goods shall be deemed to be a lack of conformity of the goods if the installation forms part of the contract of sale of the goods and was carried out by the seller or under his responsibility.

  The same applies when the goods, intended for installation by the consumer, are installed by him and the defective installation is due to an error in the installation instructions.

  Art. 1649quater. <Inserted by L 2004-09-01/38, art. 3, Effective: 01-01-2005> § 1er. The seller is liable to the consumer for any lack of conformity that exists at the time of delivery of the goods and that appears within two years of delivery.

  The two-year period provided for in paragraph 1 is suspended for the time necessary to repair or replace the goods, or in the event of negotiations between the seller and the consumer with a view to an amicable agreement.

  By way of derogation from paragraph 1, the seller and the consumer may, for second-hand goods, agree on a period of less than two years, but not less than one year.

  § 2. The seller and the consumer may agree on a period during which the consumer is required to inform the seller of the existence of the lack of conformity, without this period being less than two months from the day on which the consumer noticed the lack of conformity.

  § 3. The consumer’s action is time-barred within a period of one year from the day on which he noticed the lack of conformity, without this period being able to expire before the end of the two-year period provided for in § 1.

  § 4. In the absence of proof to the contrary, a lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery, except where this presumption is not compatible with the nature of the goods or the nature of the lack of conformity, taking into account in particular the new or second-hand nature of the goods.

  § 5. The provisions of this chapter relating to the guarantee of latent defects in the goods sold are applicable after the two-year period provided for in § 1.

  Art. 1649quinquies. <L 2004-09-01/38, art. 3, Effective: 01-01-2005> § 1er. In addition to damages, if any, the consumer has the right to demand from the seller who is liable for a lack of conformity pursuant to Article 1649quater, either the repair of the thing or its replacement, under the conditions provided for in § 2, or an appropriate reduction of the price or the rescission of the contract, under the conditions provided for in § 3.

  However, account shall be taken, where appropriate, of any worsening of the damage resulting from the use of the goods by the consumer after the time when he noticed the lack of conformity or should have noticed it.

  § 2. The consumer has the right, in the first instance, to require the seller to repair the goods or to replace them, in both cases free of charge, unless this is impossible or disproportionate. Any repair or replacement must be carried out within a reasonable period of time and without major inconvenience to the consumer, taking into account the nature of the goods and the intended use of the consumer.

The costs referred to in the preceding paragraph are the necessary costs incurred in bringing the goods into a conforming condition, in particular the costs of sending the goods and the costs associated with work and materials.

  For the purposes of paragraph 1, a method of compensation is considered disproportionate if it imposes costs on the seller which, in comparison with the other method, are unreasonable in view of the nature of the goods and:

  - the value that the goods would have had if there had been no lack of conformity;

  - the importance of the lack of conformity;

  - whether the alternative remedy can be implemented without major inconvenience to the consumer.

  § 3. The consumer has the right to demand from the seller an appropriate reduction of the price or the termination of the contract:

  - if he is not entitled to repair or replacement of the goods, or

  - if the seller has not carried out the repair or replacement within a reasonable period of time or without major inconvenience to the consumer.

  Notwithstanding paragraph 1, the consumer shall not be entitled to demand his withdrawal from the contract if the lack of conformity is minor.

  For the purpose of paragraph 1, any refunds to the consumer shall be reduced to take account of the use which the consumer has had of the goods since their delivery.

  Art. 1649sexies. <Inserted L 2004-09-01/38, art. 3, Effective: 01-01-2005> Where the seller is liable to the consumer for a lack of conformity, he may exercise, against the producer or any contractual intermediary in the transfer of ownership of the consumer goods, a remedy based on the contractual liability to which that producer or intermediary is bound in relation to the goods, without any contractual clause limiting or excluding such liability being enforceable against him.

  Art. 1649septies.<Inserted by L 2004-09-01/38, art. 3, Effective: 01-01-2005> § 1er. Any warranty binds the person offering it under the conditions set out in the warranty statement and in the related publicity.

  § 2. The warranty must:

  - state that the consumer has legal rights under the applicable national legislation governing the sale of consumer goods and make it clear that these rights are not affected by the guarantee;

  - establish, in simple and comprehensible terms, the content of the warranty and the essential elements necessary for its implementation, in particular its duration and territorial scope, as well as the name and address of the guarantor.

  § 3. At the request of the consumer, the guarantee shall be given to him [on a durable medium], made available to him and to which he has access.

  In any event, where the sales contract is in writing, it shall contain the information referred to in § 2.

  § 4. The non-conformity of a warranty with the requirements set out in §§ 2 and 3 does not affect the consumer’s right to demand compliance with it.

The same applies if the guarantee does not comply with the requirements laid down in Article 13, paragraph 1, of the Act of 14 July 1991 on trade practices and consumer information and protection.

  ----------

  (1)<L 2018-09-20/14, art. 2, 023; Effective: 20-10-2018>

  Art. 1649octies. <Inserted by L 2004-09-01/38, art. 3, Effective : 01-01-2005> Contractual terms or agreements concluded before the lack of conformity is brought to the seller’s attention by the consumer and which directly or indirectly exclude or limit the rights granted to the consumer by this Section are void.

  Any stipulation declaring the law of a State outside the European Union to be applicable to a contract governed by this Section is void as regards the matters governed by this Section where, in the absence of such a stipulation, the law of a Member State of the European Union would be applicable and that law provides a higher level of protection for the consumer in such matters.

ANNEXE 2 - Withdrawal form

Book VI of the Code of Economic Law

MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)

— To the attention of [the company inserts here its name, geographical address and, when available, its fax number and e-mail address]

…………………………………………………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………………………..

— I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of the service (*) below ……………………………………………………………………………………………………………………………………………………………..

— Ordered on (*)/received on (*)…………………………………………………………………………………………………………….

— Name of the consumer(s) ……………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………………………..

— Address of the consumer(s) ………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………………………..

— Date ………………………………………………………………………………………………… — Signature of the consumer(s) (only in case of notification of this form on paper)

……………………………………………………………………………………………………………………………………………………………..

(*) Delete as appropriate.


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