Terms and Conditions

Table of Contents:

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – The Price
Article 9 – Conformity and Guarantee
Article 10 – Delivery and Performance
Article 11 – Payment
Article 12 – Complaints Procedure
Article 13 – Disputes
Article 14 – Additional or Deviating Provisions

Article 1 | Definitions
In these terms and conditions, the following terms shall have the following meanings:

1. Reflection period: the period during which the consumer may exercise his right of withdrawal;
2. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to terminate the distance contract within the reflection period;
7. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
10. Means of distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time. General
11. Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 | Identity of the Entrepreneur

Fitzilla
Boomgaardstraat 32
+32 468 15 12 19
Email: rafael@fitzilla.be
Company number: 1011.946.263
VAT identification number: BE1011.946.263

Article 3 | Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur 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, the entrepreneur will, before the distance contract is concluded, indicate where the general terms and conditions can be inspected and they will be sent free of charge at the request of the consumer as soon as possible. If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store it 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 taken electronically and that they will be sent to the consumer free of charge by electronic means or in another way at the consumer’s request. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are wholly or partially null and void or destroyed at any time, the agreement and these conditions will remain in force and the relevant provision will be replaced by mutual agreement as soon as possible.

Situations not regulated by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these general terms and conditions.

Article 4 | The Offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. All images, specifications, data in the offer are indicative and cannot lead to compensation or termination of the agreement. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular: the price including taxes; the possible costs of delivery; the way in which the agreement will be concluded and which actions are necessary for this; whether or not the right of withdrawal applies; the method of payment, delivery and execution of the agreement; the term for accepting the offer, or the period within which the entrepreneur guarantees the price; the amount of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the used communication medium; whether the agreement will be archived after its conclusion, and if so, how it will be accessible to the consumer; how the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it; the possible languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance agreement in the case of a continuous performance contract.

Article 5 | The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.

Within the framework of the law, the entrepreneur can inquire 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 agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will provide the consumer 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, with the product or service:

the visiting address of the establishment of the entrepreneur 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; information about guarantees and existing after-sales service; the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 | Right of Withdrawal

When delivering products: When purchasing products, the consumer has the option to dissolve the contract without giving any reason for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated by him in advance and announced to the entrepreneur. During the reflection 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 makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. When providing services: When providing services, the consumer has the option to dissolve the contract without giving any reason for at least 14 days, starting on the day of entering into the agreement. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest on delivery.

Article 7 | Costs in Case of Withdrawal

If the consumer makes use of his right of withdrawal, the costs of return will be at most for his account. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method. If the product is damaged or the packaging is more damaged than is necessary to try the product, the consumer is liable for the depreciation of the product. In that case, the entrepreneur can recover this depreciation from the consumer and, in that case, must provide a clear explanation of how the depreciation was calculated.

Article 8 | The Price

During the period mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are mentioned in the offer. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: they are the result of statutory regulations or provisions; or the consumer has the authority to cancel the agreement from the day the price increase takes effect. The prices stated in the range of products or services include VAT.

Article 9 | Conformity and Guarantee

The entrepreneur 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 provisions existing on the date of the conclusion of the agreement and/or government regulations.

If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 10 | Delivery and Performance

The entrepreneur 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 has made known to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be informed of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest at the delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

Article 11 | Payment

As far as no other date is agreed, amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in article 6 paragraph 1. In the event of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 12 | Complaints Procedure

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond 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, a dispute arises that is subject to the dispute settlement procedure.

Article 13 | Disputes

Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

The complaint submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If a dispute cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

Article 14 | Additional or Different Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.