Table of contents
Article 1 - Definitions
Article 2 - Identity of S-trade BV
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 costs thereof
Article 9 - Obligations of S-trade BV in the event of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 15 - Payment
Article 16 - Complaints procedure and disputes
Article 1 - Definitions
In these conditions the following definitions apply:
Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are purchased by S-trade BV.
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any tool - including e-mail - that enables the consumer or S-trade BV to store information that is personally addressed to him in a way that allows future consultation or use for a period that is agreed on the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
S-trade BV: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
Distance agreement: an agreement concluded between S-trade BV and the consumer in the context of an organized system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusively or partly one or more techniques for remote communication are used;
Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and S-trade BV having to meet in the same room at the same time.
Article 2 - Identity of S-trade BV
S-trade BV trading under the names:
dedelenshop.be, dedelenshop.nl, dedelenshop.com, dedelenspecialist.be, magasindepieces.fr, dieteileshop.de, almacenrepuestos.es, dedelenshop.eu, negoziodiricambi.it
Business address
S-trade BV
Stevennekens 153/2
2310 RIJKEVORSEL
Accessibility
Phone number/whatsapp: 0479/160354
E-mail address: info@s-trade.be
Company number: BE 0888.384.594
VAT number: BE 0888.384.594
Article 3 - Applicability
These general terms and conditions apply to every offer from S-trade BV and to every distance contract concluded between S-trade BV and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, S-trade BV will indicate before the distance contract is concluded how the general terms and conditions can be viewed at S-trade BV 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 general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily stored 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. .
Article 4 - The offer
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 contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If S-trade BV uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind S-trade BV.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, S-trade BV will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by S-trade BV, the consumer can terminate the agreement.
If the agreement is concluded electronically, S-trade BV will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, S-trade BV will take appropriate security measures.
S-trade BV can, within legal frameworks, inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, S-trade BV has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
S-trade BV will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the S-trade BV branch where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
For products:
The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 30 days without giving reasons. S-trade BV may ask the consumer about the reason for withdrawal, but does not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. S-trade BV may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content that is not supplied on a tangible medium:
The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 30 days without giving reasons. S-trade BV may ask the consumer about the reason for withdrawal, but does not oblige him to state his reason(s).
The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not delivered on a tangible medium if you do not inform yourself about the right of withdrawal:
If S-trade BV has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If S-trade BV has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 30 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the reflection period
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any reduction in value of the product if S-trade BV has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he must report this to S-trade BV within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) S-trade BV. This is not necessary if S-trade BV has offered to collect the product itself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by S-trade BV.
The risk and 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 returning the product.
If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that has not been prepared for sale in a limited volume or specified quantity commences during the cooling-off period, the consumer is liable to S-trade BV owes an amount that is proportional to that part of the obligation that has been fulfilled by S-trade BV at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
S-trade BV has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal,
or;
the consumer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
The consumer will not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
prior to delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
he has not acknowledged that he loses his right of withdrawal when granting his consent; or
S-trade BV has failed to confirm this statement by the consumer.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of S-trade BV in the event of withdrawal
If S-trade BV enables the notification of withdrawal by the consumer electronically, it will immediately send a confirmation of receipt after receiving this notification.
S-trade BV will reimburse the value of the ordered product charged by S-trade BV for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal.
Unless S-trade BV offers to collect the product itself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
S-trade BV uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, S-trade BV does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
S-trade BV can exclude the following products and services from the right of withdrawal, but only if S-trade BV has clearly stated this in the offer, at least in time before concluding the agreement:
Products or services whose price is subject to fluctuations in the financial market over which S-trade BV has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by S-trade BV to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
the performance has started with the express prior consent of the consumer;
and
the consumer has stated that he loses his right of withdrawal as soon as S-trade BV has fully executed the agreement;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution;
Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Products that, by their nature, are irreversibly mixed with other products after delivery;
Article 11 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Notwithstanding the previous paragraph, S-trade BV may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which S-trade BV has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if S-trade BV has stipulated this and:
these are the result of legal regulations or provisions; or
the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12 - Compliance with agreement and additional warranty
S-trade BV 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 the legal requirements existing on the date of the conclusion of the agreement. provisions and/or government regulations. If agreed, S-trade BV also guarantees that the product is suitable for other than normal use.
Article 13 - Delivery and execution
S-trade BV will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has provided to S-trade BV.
Taking into account what is stated in Article 4 of these general terms and conditions, S-trade BV will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, S-trade BV will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with S-trade BV until the moment of delivery to the consumer or a representative designated in advance and made known to S-trade BV, unless expressly agreed otherwise.
Article 14 - Payment
Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to S-trade BV.
If the consumer does not fulfill his payment obligation(s) on time, he is, after S-trade BV has informed him of the late payment and S-trade BV has granted the consumer a period of 14 days to still fulfill his payment obligations. If payment is not made within this 14-day period, the statutory interest will be due on the amount still owed and S-trade BV is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000, with a minimum of € 40. S-trade BV may deviate from the stated amounts and percentages for the benefit of the consumer.
Article 15 - Complaints procedure and disputes
We always hope that all our customers are 100% satisfied. If you have any complaints about our services, you can contact us via info@s-trade.be or telephone number 03/298.38.32. We will do everything we can to handle your complaint within 7 days.
All agreements between S-trade BV and the consumer to which these general terms and conditions apply are exclusively governed by Belgian law and in the event of disputes, only the competent Belgian courts have jurisdiction. If, for reasons of international law, another law applies, the interpretation of current general terms and conditions will primarily refer to the Belgian Market Practices and Consumer Protection Act.
In the event of an out-of-court settlement of the dispute, the Consumer Ombudsman Service of the FPS Economy is authorized to receive any request for out-of-court settlement of consumer disputes. This in turn will either process the application itself or forward it to a qualified entity. The Consumer Ombudsman Service can be reached via this link: http://www.consumentenombudsdienst.be//nl
In case of disputes of a cross-border nature, the consumer can also rely on the Online Dispute Resolution platform of the European Union via this link: http://ec.europa.eu/odr