Terms of service

General Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions shall apply:

Cooling-Off Period: the period during which the consumer may exercise their right of withdrawal;

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

Day: calendar day;

Continuous Transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over time;

Durable Medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a manner that allows future consultation and unaltered reproduction of the stored information.

Right of Withdrawal: the possibility for the consumer to withdraw from 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: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made, up to and including the conclusion of the contract, of one or more means of distance communication;

Means of Distance Communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same physical location.

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

Article 2 – Identity of the Entrepreneur

Company Name : Armenisimo

Chamber of Commerce Number : 1015.505.965

VAT Number : BE 1015.505.965

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded and order placed between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is reasonably impossible, the entrepreneur shall indicate, before the distance contract is concluded, where the General Terms and Conditions can be inspected 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 it can be easily stored by the consumer on a Durable Medium. If this is reasonably impossible, the entrepreneur shall indicate, 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 electronically or by other means at the consumer's request.

If, in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these Terms and Conditions shall otherwise remain in force, and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the original provision as closely as possible in terms of its purpose and intent.

Situations that are not expressly regulated in these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions shall be interpreted in accordance with the spirit of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to amend and modify 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 properly assess the offer. If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer shall not be binding on the entrepreneur.

All images, specifications and data contained in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by and remain at the customer's own risk. The postal and/or courier service shall use the special arrangement for postal and courier services with regard to importation. This arrangement applies when goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service shall collect the VAT, whether or not together with the customs clearance costs charged, from the recipient of the goods;
  • any shipping costs;
  • the manner in which the agreement will be concluded and which actions are required for this purpose;
  • whether or not the Right of Withdrawal applies;
  • the method of payment, delivery and performance of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the rate for distance communication, if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
  • whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;
  • the manner in which the consumer can check and, if desired, correct the data provided by them in connection with the agreement before concluding the agreement;
  • any other languages in which, in addition to Dutch, the agreement may be concluded;
  • the codes of conduct to which the entrepreneur has committed and the manner in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a Continuous Transaction.

Optional: available sizes, colors and types of materials.

Article 5 – The Agreement

The agreement shall, subject to the provisions of paragraph 4, be concluded at the moment the consumer accepts the offer and fulfills the conditions stipulated therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. Until receipt of such acceptance has been confirmed by the entrepreneur, the consumer may terminate the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures in this regard.

Within the limits of applicable law, the entrepreneur may verify whether the consumer can meet their payment obligations, as well as investigate all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has reasonable grounds not to enter into the agreement, they shall be entitled to refuse an order or request with reasons or to attach special conditions to its execution.

The entrepreneur shall provide the consumer, together with the product or service, with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a Durable Medium:

  • the visiting address of the entrepreneur's business premises where the consumer can submit complaints;
  • the conditions under which and the manner in which the consumer may exercise the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;
  • information regarding warranties and existing after-sales service;
  • the information referred to in Article 4, paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before performance of the agreement;
  • 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 Continuous Transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to terminate the agreement without giving any reason within a period of 14 days. This Cooling-Off Period begins on the day following receipt of the product by the consumer or by a representative previously designated by the consumer and made known to the entrepreneur.

During the Cooling-Off Period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to retain the product. If the consumer exercises the Right of Withdrawal, they shall return the product to the entrepreneur with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the Right of Withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The notification must be made by written message/email. After notifying the entrepreneur that they wish to exercise the Right of Withdrawal, the customer must return the product within 14 days. The consumer must be able to prove that the goods were returned on time, for example by means of proof of shipment.

If the customer has not notified the entrepreneur of their intention to exercise the Right of Withdrawal after the periods specified in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase shall become final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the Right of Withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return shipment can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's Right of Withdrawal for products as described in paragraphs 2 and 3. The exclusion of the Right of Withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, or at least in good time before the agreement is concluded.

The Right of Withdrawal may only be excluded for products:

  • that have been manufactured by the entrepreneur according to the consumer's specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can deteriorate or age rapidly;
  • whose price depends on fluctuations in the financial market over which the entrepreneur has no control;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software where the consumer has broken the seal;
  • for hygiene products where the consumer has broken the seal.

The Right of Withdrawal may only be excluded for services:

  • concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
  • where delivery has begun with the consumer's express consent before the Cooling-Off Period has expired;
  • concerning betting and lotteries.

Article 9 – Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding 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, at variable prices. This link to fluctuations and the fact that any prices stated are indicative prices shall be stated in the offer.

Price increases within 3 months after conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • they result from statutory regulations or provisions; or
  • the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.

Pursuant to Article 5, paragraph 1 of the Belgian Turnover Tax Act 1968, the place of supply is the country where transportation begins. In the present case, the supply takes place outside the European Union. Consequently, import VAT and/or customs clearance costs may be collected from the recipient by the postal or courier service. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typesetting errors. No liability shall be accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date on which the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

Any warranty provided by the entrepreneur, manufacturer or importer shall not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

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

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur shall never be 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 modified the delivered products themselves or had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or have otherwise been handled negligently or contrary to the instructions of the entrepreneur and/or the instructions stated on the packaging;
  • the unsuitability is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care when receiving and fulfilling orders for products.

The address provided by the consumer to the company shall be considered the place of delivery.

Subject to the provisions of Article 4 of these General Terms and Conditions, the company shall execute accepted orders with due speed and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be notified no later than 30 days after placing the order. In such a case, the consumer shall have the right to terminate the agreement without costs and shall be entitled to any applicable compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur shall endeavor to provide a replacement item. No later than upon delivery, the consumer shall be clearly and understandably informed that a replacement item is being supplied. The Right of Withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products shall remain with the entrepreneur until the moment of delivery to the consumer or to a representative previously designated by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuous Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period and relating to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed period and relating to the regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.

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

  • at any time and not be restricted to termination at a specific time or during a specific period;
  • at least in the same manner as the agreement was entered into;
  • always with the same notice period as the entrepreneur has stipulated for itself.

Renewal

An agreement concluded for a fixed period and relating to 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, an agreement concluded for a fixed period and relating to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.

An agreement concluded for a fixed period and relating to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement concerns the regular, but less than once-a-month, delivery of daily, news and weekly newspapers and magazines.

An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the Cooling-Off Period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has a duty to immediately notify the entrepreneur of any inaccuracies in the payment details provided or stated.

In the event of non-payment by the consumer, the entrepreneur shall, subject to statutory limitations, have the right to charge reasonable costs previously disclosed to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has identified the defects, in a fully and clearly described manner.

Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute shall arise that is subject to the dispute resolution procedure.

A complaint shall not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, 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 relate shall be governed exclusively by Belgian law, even if the consumer resides abroad.