Terms and conditions

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

Reflection Period: the period during which the consumer can exercise their right of withdrawal;
Consumer: a natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
Customer: a natural or legal person who purchases products and/or services from the entrepreneur;
Day: calendar day;
Digital Content: data produced and supplied in digital form;
Continuous Contract: a contract for the regular supply of goods, services, and/or digital content over a specified period;
Durable Data Carrier: any means that enables the customer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services remotely to customers;
Distance Contract: a contract concluded between the entrepreneur and the customer as part of a system organized by the entrepreneur for the distance selling of products and/or services, using one or more means of distance communication up to the conclusion of the contract;
Withdrawal Form: the European model form for withdrawal included in the annex to these terms and conditions;
Means of Distance Communication: a method that can be used to conclude a contract without the simultaneous physical presence of the customer and the entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

WITBOSCH bv operating under the name: WITBOSCH and/or Smart Life by WITBOSCH
Address: Hoogheidestraat 1, 1910 Kampenhout, Belgium
Phone: +32 16 847 832
Email
Availability: during office hours
Company and VAT number: BE 0825 952 228

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 customer.

Before the distance contract is concluded, the text of these terms and conditions will be made available to the customer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions are available from the entrepreneur and will be sent free of charge upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these terms and conditions may be made available to the customer electronically in such a way that the customer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated how the terms and conditions can be accessed electronically and that they will be sent free of charge upon request.

The customer confirms that they have received all necessary information to enter into a distance contract with the entrepreneur. The customer confirms that they have read these terms and conditions before entering into the contract. The customer confirms that before giving their final agreement, they had the opportunity to review and, if necessary, amend the offer. The customer also confirms they are fully legally capable of acting.

The customer expressly agrees that concluding a contract via the internet or email has the same value as a written agreement. In any case, a full or partial payment will serve as proof of a contract.

ARTICLE 4 - THE OFFER

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer includes 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 customer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Each offer includes such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This includes:

The price including taxes;
Any delivery costs;
The manner in which the contract will be concluded and what actions are required for this;
Whether or not the right of withdrawal applies;
The method of payment, delivery, or performance of the contract;
The period for accepting the offer or the period for maintaining the price;
The level of the rate for distance communication if the cost of using the means of distance communication is calculated on a different basis than the regular base rate for the means used;
Whether the contract will be archived after its conclusion, and if so, how it can be accessed by the customer;
The way in which the customer, before concluding the contract, can check and, if desired, correct the data provided by them as part of the contract;
The languages in which, in addition to Dutch, the contract can be concluded;
The codes of conduct to which the entrepreneur is subject and how the customer can consult these codes of conduct electronically

ARTICLE 5 – THE AGREEMENT

The agreement is concluded at the moment the customer accepts the offer and complies with the associated conditions. If the customer accepts the offer electronically, the entrepreneur shall immediately confirm the receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed, the customer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the customer can pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur may, within legal frameworks, assess whether the customer can meet their payment obligations, as well as all those facts and factors relevant to responsibly entering into a remote agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse a motivated order or request or attach special conditions to its execution.

The entrepreneur shall, at the latest, upon delivery of the product or service, provide the customer with the following information in writing or in such a way that the customer can store it in an accessible manner on a durable data carrier:

The business address of the entrepreneur where the customer can submit complaints;
The conditions under which and how the customer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
Information about guarantees and after-sales services;
The price including all taxes of the product, service, or digital content; where applicable, delivery costs; and the method of payment, delivery, or execution of the remote agreement;
The requirements for terminating the agreement if the agreement is for more than one year or is of indefinite duration;
If the customer has a right of withdrawal, the model withdrawal form.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL

For the purchase of products:

The customer has the right to dissolve the agreement without giving reasons for 30 (thirty) days. The entrepreneur may ask the customer for the reason for the withdrawal but may not oblige the customer to provide their reason(s). This period starts the day after the product is received by the customer or by a third party designated by the customer and made known to the entrepreneur, or:

If the customer ordered multiple products in one order: the day the customer, or a third party designated by the customer, received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided they clearly inform the customer prior to the ordering process.
If the delivery of a product consists of several shipments or parts: the day on which the customer, or a third party designated by the customer, received the last shipment or part.
For agreements for regular delivery of products over a specific period: the day on which the customer, or a third party designated by the customer, received the first product.

For services and digital content not delivered on a tangible medium:

The customer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium for 30 (thirty) days without giving reasons. The entrepreneur may ask the customer for the reason for the withdrawal but may not oblige the customer to provide their reason(s). The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not delivered on a tangible medium when not informed about the right of withdrawal:

If the entrepreneur has not provided the customer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the original cooling-off period, as determined by the previous paragraphs of this article. If the entrepreneur provides the customer with the required information within twelve months after the start of the original cooling-off period, the cooling-off period shall expire 30 (thirty) days after the day the customer receives the information.

ARTICLE 7 – OBLIGATIONS OF THE CUSTOMER DURING THE COOLING-OFF PERIOD

During the cooling-off period, the customer shall handle the product and packaging with care. The customer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functionality of the product. The principle here is that the customer may only handle and inspect the product as they would be allowed to do in a physical store.

The customer is only liable for any depreciation of the product resulting from handling the product beyond what is allowed in paragraph 1. The customer is not liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the conclusion of the agreement.

ARTICLE 8 – EXERCISING AND COSTS IN THE EVENT OF WITHDRAWAL

If the customer exercises their right of withdrawal, they shall return the product to the entrepreneur with all delivered accessories, and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur, and no later than 14 (fourteen) days.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the customer. If the customer exercises their right of withdrawal, the maximum cost of return shipping shall be borne by the customer. When the customer exercises their right of withdrawal, any supplementary agreements shall automatically be dissolved.

ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR IN THE EVENT OF WITHDRAWAL

If the entrepreneur enables the electronic notification of withdrawal by the customer, they shall send an acknowledgment of receipt without delay upon receiving such notification. The entrepreneur shall reimburse all payments made by the customer, including any delivery costs charged by the entrepreneur for the returned product, promptly but no later than 14 days following the day on which the customer notifies the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the customer proves they have returned the product, whichever comes first.

The entrepreneur shall use the same payment method for the refund as the customer used unless the customer agrees to another method. The refund shall be free of charge for the customer. If the customer opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional cost of the more expensive method.

ARTICLE 10 - EXCLUSION OF WITHDRAWAL

If the consumer does not have a right of withdrawal, the entrepreneur can only exclude this if it has been clearly stated in the offer, or at least in a timely manner before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:

Products or services whose price depends on fluctuations in the financial market, which the entrepreneur has no influence on and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the possibility to be personally present at the auction, under the supervision of an auctioneer, and where 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 begun with the consumer's explicit prior consent; and
- The consumer has declared that they lose their right of withdrawal once the entrepreneur has fully executed the agreement;
Products manufactured according to the consumer's specifications, which are not prefabricated and made based on an individual choice or decision of the consumer, or are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Sealed audio, video recordings, and computer software, where the seal has been broken after delivery;
Newspapers, magazines, or periodicals, except for subscriptions;
The supply of digital content not provided on a physical medium, but only if:
- The performance has begun with the consumer's explicit prior consent; and
- The consumer has declared that they thereby lose their right of withdrawal.

ARTICLE 11 - THE PRICE

Prices, taxes, shipping costs, insurance, and installation of the entrepreneur’s products and services are stated in the offer, in the confirmation of the acceptance of the offer, and on the invoice. During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates and other imposed government levies.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This dependence on fluctuations and the fact that the mentioned prices are guide prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

They result from statutory regulations or provisions; or
The consumer has the right to terminate the agreement as of the date on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

ARTICLE 12 - CONFORMITY AND ADDITIONAL WARRANTY

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 and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

An additional warranty 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. An additional warranty is defined as any commitment by the entrepreneur, supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what is legally required in the event of a failure to fulfill their part of the agreement.

ARTICLE 13 - DELIVERY, PERFORMANCE, RISK, AND OWNERSHIP

The entrepreneur will take the utmost care in receiving and executing orders for products and in assessing requests for the provision of services. The delivery address is the one the customer has provided to the company.

Subject to what is stated in Article 4 of these terms and conditions, the company will execute accepted orders with due speed but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the customer will be informed within one month of placing the order. In that case, the customer has the right to cancel the agreement at no cost.

In the event of cancellation, the entrepreneur will refund the amount paid by the customer as soon as possible, but no later than 30 days after cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. It will be clearly indicated that a replacement item is being delivered no later than the time of delivery. Replacement items cannot exclude the right of withdrawal. In this case, the cost of return shipment is borne by the entrepreneur.

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

All deliveries are made under the suspensive condition of full payment. Ownership of the delivered goods only transfers upon full payment. Until that time, the goods must be insured, stored separately, and may not be altered, pledged, or sold. Until full payment, the risk of loss or damage to the goods is borne by the customer. In the event of non-timely payment, the entrepreneur has the right to retrieve the delivered products at the customer's risk and expense, even if they have already been installed or have become real estate, without judicial intervention. If the delivered products are sold before ownership has passed, the customer becomes the entrepreneur's agent, and the proceeds from the sale are owed to the entrepreneur. The entrepreneur may sue to obtain payment before ownership passes.

ARTICLE 14 - DURATION TRANSACTIONS: TERM, TERMINATION, AND EXTENSION

Termination:

The consumer may terminate an agreement concluded for an indefinite period and that aims at the regular delivery of products or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month. The consumer may terminate an agreement concluded for a fixed period and that aims at the regular delivery of products or services, at any time by the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

At any time and not be limited to termination at a specific time or in a specific period;
At least in the same manner as they were entered into;
Always terminate with the same notice period as the entrepreneur has stipulated for itself.

Extension:

An agreement concluded for a fixed period and that aims at the regular delivery of products or services may not be tacitly extended or renewed for a fixed period. An agreement concluded for a fixed period and that aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

ARTICLE 15 - PAYMENT

Payment is due no later than at the time of delivery of the products or the provision of services, or if agreed, within 14 calendar days after the invoice date. The entrepreneur may suspend the delivery of products or services until full payment is made. If the invoice is not paid within the specified payment term, the amount due on the invoice will automatically accrue interest at a rate of 12% per year for the entrepreneur, without requiring formal notice. Furthermore, all amounts due will be increased by a penalty of 10% on the invoice amounts with a minimum of EUR 50 per invoice, as compensation for extrajudicial collection and administration costs. This is in addition to and beyond all costs of any legal proceedings and their execution, as well as all costs and fees of the lawyer that the entrepreneur may need to engage for both extrajudicial and judicial collection actions. If the invoice is not paid within the specified payment term, the balance owed under all other invoices, regardless of their due date, will automatically become fully due, along with the aforementioned compensations.

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

ARTICLE 16 - COMPLAINT PROCEDURE

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time, but no later than 7 (seven) days after the customer 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 14-day period with a notice of receipt and an indication of when the customer can expect a more detailed answer.

In the case of an out-of-court settlement of a dispute, the Consumer Ombudsman Service of the Federal Government is authorized to receive any request for out-of-court settlement of consumer disputes. It will either handle the request itself or forward it to a qualified entity. You can reach the ombudsman service via this link: http://www.consumerombudsmanservice.be/en.

In cross-border disputes, you can also contact the European Union's Online Dispute Resolution platform via this link: http://ec.europa.eu/odr.

ARTICLE 17 - TERMINATION

If either party fails to perform one or more of its obligations under the agreement, or in the event of bankruptcy, judicial reorganization, or cessation of payments, the non-defaulting party may terminate the agreement, without prejudice to the right to claim damages, with immediate effect and without prior formal notice, by registered letter. If the defaulting party claims force majeure, it is agreed that the agreement will automatically terminate without judicial intervention and without formal notice 60 calendar days after the occurrence of the force majeure, unless otherwise agreed by the parties.

Any amounts already paid remain the property of the entrepreneur.