General Terms & Conditions

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Table Of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection time

Article 8 - Exercise of the right of withdrawal by the consumer and the cost involved

Article 9 - Obligations of the trader in case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Compliance and Warranty extension

Article 13 - Delivery and implementation

Article 14 - Duration of transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints

Article 17 - Disputes

Article 1 - Definitions

In these conditions the meaning of:

Additional agreement: an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract and these matters, digital content and / or services are provided by the employer or by a third party on the basis of an agreement between that third party and the trader;
Grace period: The period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Duration of Agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period;
Durable medium: any device - including also e-mail - that the consumer or business that enables information addressed personally to him, store in a way that future consultation or use for a period appropriate to the target for which it was intended, and that makes unaltered reproduction of the stored information possible;
Right of withdrawal: the ability of the consumer to cancel the order within the grace period of the contract;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or remote services to consumers;
Distance contract means an agreement between the entrepreneur and the consumer is concluded in the framework of an organized system for distance selling of products, digital content and / or services, which until the conclusion of the agreement made solely or partly use of one or more means of distance communication;
Model withdrawal form: the European model in Annex I to these conditions for withdrawal;
Technology for distance communication: means that can be used to conclude a contract, without the consumer and business need to be met simultaneously in the same space;

Article 2 - Identity of the entrepreneur

BMG Consulting BVBA;

Nederokkerzeelsesteenweg 4a – 3071 Kortenberg - Belgium

[email protected]

CoC number 0568 701 892;

VAT number BE O568 701 892

Article 3 - Applicability

These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
Before the distance contract is concluded, the text of these general conditions are made available to the consumer. If this is not reasonably possible, the trader before concluding the distance contract, indicates where the general conditions can be viewed at the website and that they will be sent free of charge as soon as possible, at the request of the consumer.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available electronically to the consumer in such a way that the consumer can store them in a simple way on a durable medium. If this is not reasonably possible, before the distance contract is concluded, the trader will indicate where they can be viewed electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumercan, in case of conflicting terms, always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

If an offer has a limited duration or subject to conditions, this will explicitly be stated in the offer.
The offer includes a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses images, these are a true reflection of the products, services and / or digital content. Obvious mistakes or errors in the offer are not binding.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The contract

The agreement is subject to the provisions of paragraph 4, concluded at the time that the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until the receipt of this acceptance has not been confirmed by the operator, the consumer may cancel the contract.
If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
The entrepreneur can within the law - inform the consumer's ability to meet its payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance contract. If the entrepreneur under this investigation justified has found justified reasons to not conclude the contract, he is entitled to refuse or to attach special conditions to the execution of an order or request.
The entrepreneur will provide upon delivery of the product, service, or digital content to the consumer the following information in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium to send:
the address of the establishment of the business where consumers can lodge complaints;
the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the excluded from the right of withdrawal;
information about guarantees and after sales service;
the price including all taxes of the product, service, or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite;

In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

The consumer may cancel a contract with respect to the purchase of a product during a cooling-off period of 14 days without giving reasons. The operator may ask the consumer to the reason for withdrawal, but the consumer is not committed to stating his reason.
The waiting period referred to in paragraph 1 shall commence on the day after the consumer, or a pre-designated by the consumer third party other than the carrier, has received the product, or:
1. as the consumer in the same order have ordered several products: the day on which the consumer or a third party designated by, has received the final product. The operator may, provided that he has informed the consumer prior to the ordering process in a clear manner, refuse an order multiple products with different delivery time.
2. as the delivery of a product consisting of multiple lots or pieces: the day on which the consumer or a third party designated by, has received the last shipment or the last part;
3. the contract is for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by the first product has received.

In services and digital content which is not supplied on a tangible medium:

The consumer who has a service agreement or an agreement for the supply of digital content which is not supplied on a tangible medium, can cancel this agreement for at least 14 days without giving any reason. The operator may ask the consumer for the reason for withdrawal, but the consumer is not committed to stating his reason.
The waiting period specified in paragraph 3 goes on the day following the conclusion of the agreement.

Prolonged waiting period for products, services and digital content which is not supplied on a tangible medium by not informing right of withdrawal:

If the entrepreneur has not provided to the consumer the information required by law on the right of withdrawal or the model withdrawal form, the waiting period will expire twelve months after the end of the original waiting period, in accordance with the preceding paragraphs of this Article.
If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months after the date of the initial grace period, the grace period expires 14 days after the day on which the consumer receives that information.

Article 7 - Obligations of the consumer during the reflection

During this period the consumer will treat the product and packaging carefully. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the consumer, can handle and inspect the product as he would be allowed to do in a shop.
The consumer is liable for the value of the product that is the result of a way of dealing with the product beyond permitted in paragraph 1.
The consumer is not liable for the value of the product if the entrepreneur has not provided him, before or at the conclusion of the contract, with all mandatory information provided on the right of withdrawal.

Article 8 - Exercise of the right of withdrawal by the consumer and their cost

If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period by using the standard withdrawal form or any other unambiguous manner to the entrepreneur.
As soon as possible but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back, or he hands it to (a representative of) the entrepreneur. This does not apply if the trader has offered to collect the product himself. The consumer has respected the return transmission period in any case if he has returned the product before the grace period has expired.
The consumer shall send back the product with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal on the consumer.
The consumer shall bear the direct cost of returning the product. If the trader has not notified the consumer has to bear these costs or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the cost of return.
The consumer shall bear no cost for the full or partial delivery of digital content not supplied on a tangible medium if:
1. he has not agreed prior to their delivery explicitly with the start of the fulfillment of the agreement before the end of the waiting period;
2. he has not acknowledged that he loses his right of withdrawal when giving his consent; or
3. the operator has failed to confirm this statement of the consumer.
4. If the consumer exercises his right of withdrawal, any supplementary contracts shall be automatically dissolved.

Article 9 - Obligations of the trader in case of withdrawal

If the entrepreneur allows notification of withdrawal through electronic means by the consumer, he sends the message of aknowledgement immediately upon receipt the message.
The entrepreneur will reimburse all payments made by the consumer, including any delivery charges charged by the operator for the returned product, immediately but within 14 days after the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to refund the money until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
The entrepreneur uses the same method of payment that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the company does not have to repay the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The operator may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly states this in the offer and in time for the conclusion of the agreement:

Products or services whose price depends on fluctuations in the financial market on which the entrepreneur has no control, which may occur within the withdrawal period
Agreements concluded at a public auction. Under a public auction we mean a method of sale where goods, digital content and / or services offered by the trader to the consumer who attends or is given the opportunity to be personally present at the auction, conducted by an auctioneer and where the successful bidder is obliged to buy the products, to take digital content and / or services;
Service contracts, after the completion of the service, but only if:
1. the performance has begun with the express prior consent of the consumer; and
2. consumer stated that he loses his right of withdrawal once the contract is fully performed by the entrepreneur;
Service contracts for provision of accommodation, as a specific date or period of performance of the contract is provided and otherwise than for residential purpose, transport of goods, car rental services and catering;
Agreements relating to leisure, as a specific date or period of implementation is provided in the contract;
According to the consumer's specifications manufactured products, which are not prefabricated and manufactured on the basis of an individual choice or decision by the consumer, or clearly intended for a specific individual;
Products that spoil quickly or have a limited shelf life;
Sealed products for reasons of health protection or hygiene are not suitable to be returned after delivery and whose seal has been broken;
Products that are inseparably mixed after delivery by their nature with other products;
Alcoholic beverages, where the price is agreed upon conclusion of the contract, the delivery of which can only take place after 30 days and the actual value is dependent on fluctuations in the market on which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, which the seal is broken after delivery;
Newspapers, periodicals or magazines, except for subscriptions to this;
The supply of digital content other than on a tangible medium, but only if:
1. the performance has begun with the express prior consent of the consumer; and the consumer has stated that he thus loses his right of withdrawal.

Article 11 - The price

During the period mentioned the prices of the products and / or services have not increased in the offer, except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, the entrepreneur can offer variable prices. These fluctuations and the fact that any of the prices are variable prices, must be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases from 3 months on after the conclusion of the contract are only allowed if the trader has included this possibility in his offer and:
they are the result of legislation or regulations; or
the consumer has the right to terminate the agreement as of the date the increase takes effect.
The prices in the supply of products or services are including VAT.

Article 12 - Compliance Agreement and extended warranty

The company guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
By the trader, its supplier, manufacturer or importer extended warranty never limits the legal rights and claims that can be enforced by the consumer under the contract against the operator if the operator has failed to fulfill its part of the agreement.
'Under additional guarantee' means any undertaking by the business owner, its supplier, importer or producer which attributes to consumers certain rights or claims beyond the normal guarantee which is required by law in case he has failed to fulfill its part of the agreement .

Article 13 - Delivery and implementation

The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer provides to the entrepreneur.
Subject to what is stated in Article 4 of these terms and conditions, the company will expedite accepted orders as soon as possible but not later than 30 days, unless a different delivery period is agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives this information within 30 days after placing the order. The consumer in this case has the right to terminate the contract without penalty.
After dissolution in accordance with the preceding paragraph, the operator refunds the amount that consumers paid immediately.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise agreed.

Article 14 - duration transactions: duration, termination and renewal

Termination:

The consumer may cancel a contract for an indefinite period, which extends to the regular delivery of products or services, at any time respecting the applicable termination rules and a notice of up to one month.
The consumer may cancel a contract concluded for a definite period, which extends to the regular delivery of products or services, at any time at the end of the fixed-term, subject to the agreed termination rules and a notice of one month.
Consumers can, for the agreements mentioned in the previous paragraphs:

- Cancel at any time and not be limited to termination at a particular time or in a given period;

- At least cancel the same way as they have been entered by him;

- Cancel at the same notice period as the company has negotiated for itself.

Extension:

A contract for a definite period, which extends to the regular delivery of products or services may not be automatically extended or renewed for a fixed period.
Notwithstanding the preceding paragraph, an agreement is concluded for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines will be automatically renewed for a fixed period of up to three months if the consumer can terminate this extended Agreement before the end of the extension with a notice of up to one month.
A contract for a definite period, which extends to the regular delivery of products or services may only be extended for an indefinite duration as the consumer may at any time terminate with a notice of up to one month. The notice period is three months or less when the agreement extends to the regular, but less than once a month, delivering daily, news and weekly newspapers and magazines.
A contract with a limited duration of regular delivery of newspapers, weeklies and magazines (trial or introductory subscription) will be terminated automatically and not tacitly continued after the trial or introductory.

Duration:

If a contract has a duration of more than one year, the consumer after a year may withdraw at any time with a notice of up to one month, unless the reasonableness and fairness acts against termination before the end of the agreed term.

Article 15 - Payment

Unless otherwise specified in the contract or additional conditions should apply for the amounts due by the consumer, the amount has to be paid within 14 days after the start of the cooling period, or in the absence of a cooling-off period within 14 days after the conclusion of the contract. In case of a contract to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer can in terms never be required to advance payment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service(s) before the advance payment has been made.
The consumer has the duty to inform the entrepreneur immediately of inaccuracies in data of payment supplied for specified payment.
If the consumer is unable to meet its payment obligation(s) above, that is, after the entrepreneur has identified the late payment and the entrepreneur informed and has granted consumer a period of 14 days in which to comply with its payment obligations, after default of payment within this 14-day period, is obliged to pay the legal interest over the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs are a maximum of 15% of outstanding amounts to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur can differ from these amounts and percentages to the benefit of the consumers.

Article 16 - Complaints

The entrepreneur has a well-publicized complaints policy and deals with complaints under this procedure.
Complaints about the performance of the contract must be submitted fully and clearly described to the entrepreneur, within a reasonable time, after the consumer has noticed the defects.
The entrepreneur answers complaints within a period of 14 days from the date of receipt. If a complaint has a foreseeable longer processing time, the complaint is answered by the operator within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, within a reasonable time or within 3 months after the filing of the complaint, a dispute arises that is subject to justice by a court of law.

Article 17 - Disputes

All disputes -including the disputes as such entered by only one party- between BMG Consulting BVBA and consumers, allowed to exist following an agreement or contract between BMG Consulting BVBA and a consumer will - subject to the right of parties to a decision of the President of the Commercial Court, be subject to the jurisdiction of the courts in the place or district of BMG Consulting BVBA, or -at choice of BMG Consulting BVBA- the Commercial Court of Brussels.
For commercial claims of BMG Consulting BVBA against the buyer, the Commercial Court of the county or the district of the qualified buyer is allowed.
If one of the parties agrees a dispute exists and wants to go tou court, he must inform the other party in writing with a description of the dispute.
These general terms and conditions apply to all consumer contracts with BMG Consulting BVBA and are subject to the Belgian Law. The Uniform Law on the International Sale of Goods and the establishment of International Sale Agreements of Goods is expressly excluded.