In these terms and conditions, the following definitions shall apply:
“Consumer”: the natural person who is not acting in the exercise of profession or business and enters into a remote agreement with atelier scralan;
“Distance agreement”: an agreement under which, in the context of a system organized by the entrepreneur for distance selling, up to and including the conclusion of the agreement exclusive use is made of products and / or services by means of one or more techniques for distance communication;
“Technique for distance communication”: means that can be used for the conclusion of an agreement, without the consumer and atelier scralan are simultaneously brought together in the same room; “Reflection period”: the period within which the consumer can use his right of withdrawal;
“Right of withdrawal” means the possibility for the consumer to waive the distance contract within the withdrawal period
“Day” means a calendar day
“Duration” means a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
“Durable medium”: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.person not acting in the exercise of profession or business and enters into a remote agreement with atelier scralan;
“distance contract” means an agreement whereby in the context of a system of distance selling organized.
Atelier scralan
Address of registered office: Klinkestraat 7, 8810 Lichtervelde, Belgium
Address studio: Beversesteenweg 249A, 8800 Roeselare, Belgium
Pone: +32 51498 888
Mail: info@atelier-scralan.be
VAT: BE0688.769.482
These general terms and conditions apply to every offer of atelier scralan and to any distance contract concluded between atelier scralan and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at atelier scralan and they will be sent at the request of the consumer as soon as possible, free of charge.
If the distance contract is concluded electronically, the previous paragraph may be deviated from and, before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.- The offer
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If atelier scralan uses images are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer atelier scralan not bind.
Each offer contains such information that the consumer is clear what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
If the agreement is concluded electronically, atelier scralan will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
Atelier scralan will include with the product or service to the Consumer 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 data carrier:
When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of fourteen days. This period starts the day after receipt of the product by or on behalf of the consumer.
During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to atelier scralan, in accordance with the reasonable and clear instructions provided by atelier scralan.
When providing services, the consumer can terminate the contract without giving any reason to dissolve for fourteen days, starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and / or no later than at the time of delivery.
If the consumer exercises his right of withdrawal, the cost of returning the goods shall be borne by him.
Atelier scralan shall reimburse all payments received from the consumer, including any delivery costs, without delay and in any case within 14 days from the day it is informed of the consumer’s decision to withdraw from the contract.
The merchant shall make the reimbursement using the same means of payment as the consumer used in the original transaction, unless the consumer has expressly agreed to another means of payment and on the understanding that the consumer may not incur any costs as a result of such reimbursement.
Additional costs resulting from the consumer’s express choice to opt for a mode of delivery other than the cheapest standard delivery offered by the company shall not be refunded by the company.
Unless the company has offered to pick up the goods itself, in the case of sales contracts, atelier scralan may wait to be reimbursed until it has received all the goods back or until the consumer has demonstrated that he has returned the goods, whichever is earlier.
If the consumer does not have a right of withdrawal, this can only be excluded by atelier scralan and clearly stated in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for:
agreements concerning services after full performance of the service, if the performance has begun with the express prior consent of the consumer and provided that the consumer has acknowledged that he loses his right of withdrawal as soon as the company has fully performed the agreement;
the supply of goods manufactured according to consumer specifications or clearly intended for a specific person;
These general terms and conditions apply to every offer of atelier scralan and to any distance contract concluded between atelier scralan and the consumer.
These general terms and conditions apply to every offer of atelier scralan and to any distance contract concluded between atelier scralan 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 not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions at atelier scralan can be seen and they will be sent at the request of the consumer as soon as possible free of charge.
If the distance contract is concluded electronically, the previous paragraph may be deviated from and, before the distance contract is concluded, the text of these general conditions will be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Atelier scralan staat er voor in dat de producten en/of diensten voldoen aan de overeenkomst, de in het aanbod vermelde specificaties, aan de redelijke eisen van deugdelijkheid en/of bruikbaarheid en de op de datum van de totstandkoming van de overeenkomst bestaande wettelijke bepalingen en/of overheidsvoorschriften.
Een door atelier scralan, fabrikant of importeur als garantie aangeboden regeling doet niets af aan de rechten en vorderingen die de consument ter zake van een tekortkoming in de nakoming van de verplichtingen van de ondernemer jegens de ondernemer kan doen gelden op grond van de wet en/of de overeenkomst op afstand.
Atelier scralan will take the greatest possible care in receiving and in the execution of orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this at the latest one month after the order was placed. In that case, the consumer has the right to dissolve the contract without cost, to request a replacement equivalent product or the right to possible damages.
In case of dissolution in accordance with the previous paragraph atelier scralan will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, atelier scralan will make every effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by atelier scralan.
The risk of damage and / or loss of products rests with atelier scralan.
The consumer may terminate a contract entered into for an indefinite period of time at any time subject to agreed termination rules and a notice period not exceeding one month.
2. An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that in the event of the consumer’s silence, the distance contract will be renewed, the contract will be continued as a contract for an indefinite period of time and the notice period after continuation of the contract will be at most one month.
To the extent not subsequently agreed by the consumer amounts to be paid within fourteen days after delivery of the goods or in case of a contract to provide a service, within 14 days after issuance of this agreement documents.When selling products to consumers may in general conditions (during the withdrawal period) advance payment or full prepayment be stipulated. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
The consumer has the duty to inaccuracies in payment information provided or specified immediately to studio scralan to report. In case of non-payment by the consumer atelier scralan subject to legal restrictions, has the right to advance to the consumer reasonable costs to charge.
Atelier scralan has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
Complaints submitted to atelier scralan will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, atelier scralan will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement a dispute arises which is subject to the dispute settlement procedure. The consumer can appeal to the consumer ombuds service. The consumer has the possibility to submit a request for mediation through the Belmed platform of the Federal Public Service Economy.
The consumer can at any time file a complaint online with the European Commission at https://ec.europa.eu/odr/.
On agreements between atelier scralan and the consumer to which these general conditions relate, only Belgian law applies.
Amendments to these general terms and conditions shall only be effective after they have been published in an appropriate manner, provided that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer shall prevail.
To ensure the security of your online visit, atelier scralan only cooperates with authorized security partners. Loss or theft of your identity information is thus kept to a minimum. Atelier scralan believes it has taken all possible and relevant precautions and thus acts as a normal, foresighted and careful online intermediary. Therefore, any identity theft or (financial) theft cannot be held against atelier scralan.
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