Terms of sale
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the vendor
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and resulting costs
Article 9 - Obligations of the vendor in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Trade guarantee
Article 19 - Additional or different stipulations
Article 20 - Change of the general terms and conditions Foundation Webshop Trustmark
Article 1 - Definitions
In these conditions, the following terms have the meanings given:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services related to a distance agreement and these products, digital content and/or services are supplied by the vendor or by a third party based on an agreement between this third party and the vendor;
- Reflection period: the period within which the consumer may exercise his right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of his trade, business, craft or professional activity;
- Day: calendar day;
- Digital content: data that is produced and supplied in digital form ;
- Duration agreement: an agreement that involves the regular delivery of goods, services and/or digital content during a specific period;
- Durable data carrier: any means - including e-mail - that enables the consumer or vendor to store information intended for him personally in a manner that enables future consultation or use during a period that is tuned to the goal for which the information is destined, and allows for the unaltered reproduction of the stored information;
- Right of withdrawal: the option of the consumer to withdraw from the distance agreement within the reflection period;
- Vendor: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance to consumers;
- Distance agreement: an agreement in which, in the context of an organized distance selling system for products, digital content and/or services, one or more techniques are used for distance communication only, up to and including the conclusion of the contract;
- Model form for withdrawal: the European model form for withdrawal as included in Appendix 1 of these conditions;
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and the vendor being together in the same location at the same time;
Article 2 – Identity of the vendor
TVH PARTS NV (hereinafter “TVH”)
Tel: (32) 56 43 42 11
Article 3 – Applicability
- All commercial transactions (goods and services) between TVH and the customer are governed by the present general terms and conditions. By placing his order/purchase, the customer acknowledges having taken note of our general terms and conditions and accept them. These conditions always take precedence over the terms and conditions of the customer, even if these state that they are the only ones applicable.
- These general terms and conditions do not affect the legal rights granted to the customer in a binding manner under the applicable national law with regard to consumer protection.
- The invalidity of one or more clauses from these terms and conditions does not affect the applicability of all other clauses. In case of invalidity of one of the provisions, TVH and the customer shall, to the extent possible and in accordance with their loyalty and belief, negotiate to replace the invalid provision with an equivalent provision that meets the general spirit of the present general terms and conditions.
- The fact that TVH omits to demand the strict application of one of the provisions of these terms and conditions, cannot be regarded as a tacit renunciation of the rights TVH has under the present terms and conditions, and doesn't prevent TVH from demanding the strict compliance of these provisions later on.
- TVH reserves the right to modify or amend its general terms and conditions at any time. It is the responsibility of the customer to consult these conditions regularly.
- These general terms and conditions apply to any offer by the vendor and to any distance agreement concluded by the vendor and the consumer.
- Prior to the conclusion of the distance agreement, these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the vendor will before the distance agreement is concluded, indicate in what way the general terms and conditions can be consulted at the vendor and that they be sent free of charge as soon as possible, at the request of the consumer.
- If the distance agreement is concluded electronically, by way of derogation from the previous paragraph and before the agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored easily by the consumer on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated via which electronic manner it is possible to consult the general terms and conditions and that they will be sent free of charge electronically or in another manner at the request of the consumer.
- In the event that, in addition to these general terms and conditions, also specific product or service conditions apply, the second and third paragraph shall apply by analogy and the consumer can always rely on the applicable provision that is most favourable to him in case of conflicting terms and conditions.
Article 4 – The offer
- If an offer has a limited validity or is subject to conditions, this is explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow for a proper assessment of the offer by the consumer. If the contractor uses images, these must be a truthful representation of the offered products, services and/or digital content. Obvious mistakes or errors in the offer don't bind the vendor.
- Each offer contains such information that it is clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 – The agreement
- The agreement is established, subject to shat was determined in paragraph 4, at the moment of acceptance by the consumer of the offer and the compliance with the stipulated terms and conditions.
- If the consumer accepted the offer in an electronic way, the consumer will immediately acknowledge the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance hasn't been confirmed by the vendor, the consumer can cancel the agreement.
- If the agreement is established electronically, the vendor must take appropriate technical and organisational measures to protect the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the vendor must observe appropriate safety measures.
- Within the law, the vendor can ascertain if the consumer can meet his payment obligations, as well as of all those facts and factors that matter for a well-founded conclusion of the distance agreement. If, based on this investigation, the vendor has good reasons not to enter into the agreement, he is entitled to refuse an order or inquiry or to impose special conditions on the execution.
- The vendor will send along the following information in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier at the latest upon delivery of the product, the service or digital content:
- the address of the branch of the vendor where consumers can turn to in case of complaints;
- the conditions under which and the manner in which the consumer can appeal to the right of withdrawal, or make a clear statement regarding the being excluded from the right of withdrawal;
- the information about warranties and existing service after purchase;
- the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or execution of the distance agreement;
- the requirement for termination of the agreement if the agreement has a duration of less than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
- The consumer can dissolve an agreement with regard to the purchase of a product without stating a reason during a reflection period of minimum 14 days. The vendor may ask the consumer for the reason of withdrawal, but cannot force him to state his reason(s).
- The reflection period as stated in paragraph 1 commences the day after the consumer, or a third party that is not the carrier and assigned by the consumer in advance, has received the product, or:
- if the consumer ordered multiple products in one and the same order: the day on which the consumer, or a third party assigned by him, has received the last product. The vendor can, provided that he has informed the consumer about this in a clear way prior to the order process, refuse an order consisting of multiple products with different lead times.
- if the delivery of a product consists of different shipments or parts: de day on which the consumer, or a third party assigned by him, has received the final shipment or the last part;
- in case of agreements for regular deliveries of products over a specific period: the day on which the consumer, or a third party assigned by him, has received the first product.
For services and content not supplied on a physical carrier:
- The consumer can dissolve a service agreement and an agreement for delivery of digital content that is not delivered on a physical carrier without stating a reason during a reflection period of minimum 14 days. The vendor may ask the consumer for the reason of withdrawal, but cannot force him to state his reason(s).
- The reflection time stated in paragraph 3 commences on the day following the establishment of the agreement.
Extended reflection time for products, services and digital content that is not delivered on a physical carries in case of not informing about right of withdrawal:
- If the vendor hasn't provided the consumer with the statutory information about the right of withdrawal or the model form for withdrawal, the reflection time ends twelve months after the end of the original, reflection time stipulated in the previous paragraphs of this article.
- If the vendor has provided the information referred to in the previous paragraph to the consumer within twelve months after the starting date of the original reflection time, the reflection time expires 14 days after the day on which the consumer received this information.
Article 7 – Obligations of the consumer during the reflection time
- During the reflection period, the consumer will treat the product and packaging with due care. The product will only be unpacked and used to the extent necessary to be able to determine the nature, characteristics and functioning of the product. The premise here is that the consumer should only handle and inspect the product as he would be allowed to do in a shop.
- The consumer is only liable for the depreciation of the product which is the result of a way of dealing with the product beyond what is permitted in paragraph 1.
- The consumer is not liable for the depreciation of the product if the vendor hasn't provided him with all statutory information about the right of withdrawal before or during the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and the resulting costs
- If the consumer exercises his right of withdrawal, he will report this to the vendor within the reflection period by means of the model form for withdrawal or in any other unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (a representative of) the vendor. This is not required if the vendor has offered to collect the part himself. The consumer has observed the return period in any case if he returns the product before the reflection time has expired.
- The consumer will return the product along with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the vendor.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of the return of the product. If the vendor hasn't notified the consumer that he is responsible for these costs or if the vendor indicates to bear the costs himself, then the consumer doesn't need to bear the costs for the return shipment.
- If the consumer withdraws after first having expressly requested that the execution of the service or the supply of gas, water or electricity that were not prepared for sale in a limited volume or a specific quantity commences during the reflection period, the consumer owes the vendor an amount in proportion to that part of the agreement that has been fulfilled by the vendor at the moment of withdrawal, compared to the full performance of the agreement.
- The consumer bears no costs for the performance of services or the supply of water, gas or electricity, where they are not prepared for sale in a limited volume or quantity, or the supply of district heating, if:
- the vendor hasn't provided the statutory information about the right of withdrawal, the expense reimbursement in case of withdrawal or the model form for withdrawal, or;
- the consumer hasn't explicitly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
- The consumer bears no cost for the complete or partial delivery of digital content not supplied on a physical carrier, if:
- he, prior to its delivery, hasn't explicitly agreed to the start of the fulfilment of the agreement before the end of the reflection period;
- he hasn't acknowledged that he loses his right of withdrawal when giving his consent; or
- the vendor has neglected to confirm this declaration of the consumer.
- If the consumer exercises his right of withdrawal, all additional agreements are automatically dissolved.
Article 9 – Obligations of the vendor in case of withdrawal
- If the vendor enables the notification of withdrawal by the consumer in an electronic manner, he will immediately send a confirmation of receipt upon receipt of this notification.
- The vendor will reimburse all payments of the consumer, including any delivery costs charged by the vendor for the returned product, immediately yet within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the vendor offers to collect the product himself, he may wait to reimburse until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
- The vendor will use the same method of payment as the consumer used for the reimbursement, unless the consumer agrees to a different method. The reimbursement doesn't involve any costs for the consumer.
- If the consumer opted for a more expensive method of delivery than the cheapest standard delivery, then the vendor doesn't need to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal
The vendor can exclude the following goods and products from the right of withdrawal, but only if the vendor has clearly stated this on the offer, at least in time before the conclusion of the agreement:
- Products or services of which the price is subject to fluctuations on the financial market on which the vendor has no influence and which may occur during the withdrawal period
- Agreement concluded during a public auction. A public auction is defined as a method of sale where products, digital content and/or services are offered by the vendor to the consumer who is personally present or is given the opportunity to be personally present at the auction, conducted by an auctioneer, and where the successful bidder is bound to purchase the products, digital content and/or services;
- Service agreements, after complete execution of the service, but only if:
- the execution has begun with the explicit prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal once the vendor has completed the agreement;
- Service agreements for the provision of accommodation, if a specific date or period of performance was stipulated in the agreement and other than for residential purposes, transport of goods, car rental services and catering;
- Agreements related to leisure activities, if a specific date or period of performance was provided in the agreement for this;
- According to specifications of products manufactured by the consumer, that are not prefabricated and that are manufactured based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal was broken after delivery;
- Products that are, as a result of their nature, inseparably mixed with other products after;
- Alcoholic beverages of which the price was agreed upon conclusion of the agreement, but of which the delivery can only take place after 30 days, and of which the actual value depends on fluctuations of the market on which the vendor has no influence;
- Sealed audio, video recordings and computer software, of which the seal was broken after delivery;
- Newspapers, journals or magazines, with the exception of subscriptions to these;
- The delivery of digital content other than on a physical carrier, but only if:
- the execution has begun with the explicit prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal with this.
Article 11 – The price
- During the period of validity stated in the offer, the prices of the offered products and/or services will not be raised, except for price modifications as a result of changes in VAT rates.
- In contravention to the previous paragraph, the vendor can offer products or services of which the prices are subject to fluctuations on the financial market and on which the vendor has no influence, at variable prices. This effect of fluctuations and the fact that stated prices are target prices will be mentioned on the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or stipulations.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the vendor has negotiated these and:
- these result from statutory regulations or stipulations; or
- the consumer is authorised to terminate the agreement as of the day the price increase takes effect.
- The prices of products or services stated in the offer include VAT.
Article 12 – Compliance agreement and extra warranty
- The vendor guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and any statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the vendor also guarantees that the product is suitable for other than normal use.
- An additional warranty provided by the vendor, his supplier, manufacturer or importer never restricts the legal rights and claims that the consumer can invoke against the vendor based on the agreement if the vendor has failed to fulfil his part of the agreement.
- Additional warranty is defined as each engagement by the vendor, his supplier, importer of manufacturer in which he grants the consumer certain rights or claims that go beyond what is required by law in case he has failed to fulfil his part of the agreement.
Article 13 – Delivery and execution
- The vendor will take the greatest possible care when receiving and executing the orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has declared to the vendor.
- With due regard for what was stipulated about this matter in article 4 of these general terms and conditions, the vendor will carry out accepted orders with due speed but no later than within 30 days, unless a different delivery period was agreed upon. If the delivery is delayed, or if an order can be delivered only partially or not at all, the consumer will be informed about this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the agreement without costs and a right to a potential compensation.
- After termination in accordance with the preceding paragraph, the vendor will immediately reimburse the amount paid by the consumer.
- The risk of damage to and/or loss of the products rests with the vendor up to the moment of delivery to the consumer or to a previously designated representative announced to the vendor, unless explicitly agreed otherwise.
Article 14 – Duration transactions: duration, termination and renewal
- The consumer can terminate an agreement that was entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time taking into account the agreed termination rules and a notice of at most one month.
- The consumer can terminate an agreement that was entered into for an definite period and that involves the regular delivery of products (including electricity) or services, at any time towards the end of the defined period taking into account the agreed termination rules and a notice of at most one month.
- The consumer can terminate the agreements referred to in the preceding paragraphs:
- at any time and not be restricted to termination at a particular time or in a specific period;
- at least in the same way as they were concluded by him;
- always, with the same notice as the vendor had negotiated for himself.
- An agreement that was concluded for a definite period and that involves the regular delivery of products (including electricity) or services, cannot be extended automatically or renewed for a definite period.
- In contravention to the previous paragraph, an agreement that was concluded for a definite period and that involves the regular delivery of daily, weekly magazines, newspapers and journals can be renewed automatically for a definite duration of maximum three months, if the consumer can terminate this extended agreement by the end of the extension period with a notice of at most one month.
- An agreement that was entered into for an definite period and that involves the regular delivery of products or services, can only be renewed automatically for an indefinite period if the consumer can terminate at any time with a notice of at most one month. The notice period will not exceed three months in the event that the agreement involves the regular, but less than once a month, delivery of daily, weekly magazines, newspapers and journals.
- An agreement with limited duration involving the regular delivery of introductory daily, weekly magazines, newspapers and magazines (trial or introductory subscription) will not be renewed tacitly and will automatically end after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice of one month at most, unless the reasonableness and fairness oppose to the termination before the end of the agreed duration.
Article 15 – Complaints procedure
- The vendor has a sufficiently advertised complaints procedure and will deal with the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the vendor in a complete and clear manner within a reasonable time after the consumer has detected the defects.
- Any complaints submitted to the vendor will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the vendor will answer within the period of 14 days with a confirmation of receipt and an indication when the consumer can expect a more elaborate answer.
Article 16 – Disputes
- On agreements between the vendor and the consumer on which these general terms and conditions apply, only Belgian law applies.
- Disputes between the consumer and the vendor about the realisation or performance of agreements with regard to the products and services to be provided by this vendor, can be submitted both by the consumer and the vendor via the following portal of the European Union: http://ec.europa.eu/odr/