Version 2.0, 2016-01-01
PART 1: GENERAL
1. These General Terms and Conditions have been in force since 1 January 2016. The contracts between the customer and the vzw non-profit association referred to in these General Terms and Conditions are concluded exclusively in Dutch.
2. Parts 1, 2 and 4 of these General Terms and Conditions apply to every order or purchase of products or services in which Samenaankoop KU Leuven vzw non-profit association, referred to hereafter as 'the vzw', acts as the
3. For all products or services for which the vzw acts solely as the
intermediary the General Terms and Conditions of sale of the third-party seller concerned apply. Parts 1, 3 and 4 of these General Terms and Conditions apply with regard to the relationship between the customer and the vzw.
4. By placing an order the customer agrees to
accept these General Terms and Conditions, even if they conflict with his or her general or special terms and conditions (of purchase). The latter are only binding for the vzw if the vzw has expressly accepted them in writing.
5. The vzw reserves the right to
change its terms and conditions, without personally informing the customer and without the customer being entitled to any damages. However, ongoing contracts are subject to the General Terms and Conditions that applied at the time the sale was made.
6. The following definitions apply to these General Terms and Conditions:
Customer: any natural person, as communicated by associate members of the vzw, who purchases products or services from or via the vzw. The appointee, partner or any other family member of the customer represents the customer and is assumed to possess the necessary mandate to bind the affiliated member to the vzw.
Website: the internet site with the address www.samenaankoop.org.
Webshop: the part of the Website where orders can be placed and reservationscan be made digitally, and where payments can be submitted to Samenaankoop KU Leuven vzw.
Brochure sales: sales the vzw has advertised via printed or electronic brochures.
Trade fair sales: sales made during trade fairs or events organised by the vzw.
7. The customer declares he or she complies with the definitions outlined above and makes purchases exclusively for
non-professional purposes. Before being able to proceed with an order each customer must complete a one-off registration procedure.
Details of the vzw:
Samenaankoop KU Leuven vzw, Willem de Croylaan 54 box 5541, 3001 Heverlee
Tel.: 016/32 21 00, Fax: 016/32 29 97, Mail: firstname.lastname@example.org
Company number: BE0885.309.496
PART 2: THE VZW ACTS AS THE END SELLER
9. The consumer has the right to notify the vzw that he or she withdraws from the purchase, without paying a fine and without giving any reason, within 14 calendar days as of the day following the delivery of the product or when the service contract is concluded.
right of withdrawal on behalf of the customer is revoked in the following cases:
- the supplied products have been produced in accordance with the customer's specifications or are clearly intended for a specific person;
- the supplied products may perish quickly or have a limited shelf life;
- the supplied products are alcoholic drinks, the price of which was agreed when the contract was concluded; but the delivery of which is only possible 30 days later, and the actual value of which depends on fluctuations in the market, over which the vzw has no control;
- the protection (seal) of the data carrier with the supplied sealed audio and sealed video recordings or computer equipment (e.g. DVD, CD, USB flash drive, CD-ROM, video cassette, etc.) was broken after delivery. If the goods are not sealed, the customer may cancel the contract and return the goods intact;
- the contract related to the provision of accommodation (other than for residential purposes), transport, car rental services, catering and services related to leisure activities, if they correspond to a particular date or period of execution (e.g. booking a flight for a particular date, a hotel, rental car or tickets for a show or event);
- the delivery of electronic content not supplied on a physical data carrier, if the execution was initiated with the express prior permission of the consumer and if the consumer has acknowledged that he or she thus waives his or her right of withdrawal.
The customer must unequivocally invoke the right of withdrawal and may do so in writing or by e-mail, to the address specified under point 3.
If the customer invokes his or her right of withdrawal, he or she must return the delivery in full to the vzw within a period of three working days starting from the notification of the right of withdrawal.
Products that are returned must be accompanied by the corresponding delivery receipts as new and in the original packaging, which must also be in perfect condition. The vzw reimburses the amount of the order concerned (incl. any paid delivery costs) as soon as the returned product has been received and if the product is found to be in perfect condition, within a maximum of 14 days following notification of the withdrawal.
The costs for returning the product or products shall be paid by the customer, except in the case of a non-compliant delivery.
10. The vzw provides the customer with the possibility of placing
orders by e-mail, via an order form, or via the webshop.
The catalogue displaying the products and their descriptions, which can be consulted on the webshop, is not binding for the vzw in terms of the product range. Consequently making a reservation or placing an order via the website, by phone or in any other way, does not constitute a sale.
The contract is only concluded when the customer receives an order confirmation from the vzw. Both parties accept electronic communication (e-mail, electronic order, etc.) as proof of the contract concluded.
The vzw reserves the right to request additional information and, if it is not supplied, to
refuse (confirmation of) the order in the following cases:
- If the customer's safety is at risk;
- In the case of uncertainty or ambiguity with regard to the order;
- If it appears that the customer intends to sell on the product;
- If an obvious error is made related to the product description or price indication on the website.
11. In the case of
force majeure the vzw may suspend its obligations for the duration of the force majeure or definitively terminate the contract. The vzw cannot be held liable for the failure to supply a product or provide a service as a result of force majeure.
prices of the various products and services supplied by the vzw are communicated by e-mail, on the website, or on the webshop. These prices include VAT. The prices may be changed by the vzw at any time, without notifying the customer in advance. As soon as an order is placed the price that applied at the time the order was placed applies to the subsequent sales contract.
Payment must be made by the customer (at the vzw's head office) after receipt of the order confirmation and prior to or on delivery by the vzw. Payment must be made in accordance with the specifications communicated by the vzw in its payment request.
14. The customer may request changes be made to his or her order. However, the vzw may refuse these changes and reserves the right to charge administrative costs of maximum 15.00 euro per
change for each order a customer wishes to change that is already being processed by the vzw.
delivery will be made after receipt of the payment and within a reasonable period of time. Deviation from this provision is only possible if there is an explicit and written agreement between parties.
One or more delivery arrangements are possible depending on the product or service concerned:
- Collection from the vzw's premises. The vzw informs the customer of the expected date on which the ordered products and services can be collected. The customer is also informed when the ordered products or services are effectively available at the vzw's premises. The customer undertakes to collect the products or services within five days following this notification. The products or services must be collected by the customer in person or by his or her legal representative (on presentation of the relevant order form and membership card issued by the vzw). At the time of delivery the customer must sign the delivery receipt as proof of receipt of the order. Any visible defects must be specified in detail on the delivery receipt.
- Delivery to an address. The default delivery address is the home address provided by the customer. Delivery terms and conditions may differ per product or service. The customer's order and request for home delivery implies his or her agreement with the specific delivery terms and conditions related to the product or service concerned.
- Electronic delivery. Electronic delivery is made to the customer by e-mail to the address provided by the latter. The e-mail contains all the necessary information and documentation (links, appendixes, etc.). If the e-mail is sent and no error message is received the e-mail is deemed to have been delivered correctly. The customer is responsible for configuring or deactivating any filters or security software that could delete or block delivery of the e-mail.
In the event of a dispute regarding delivery (in the case of non-delivery, incomplete delivery, etc.) the customer is entitled to request proof of delivery within two months following the delivery date. Once this period has expired the actual delivery of the products can no longer be disputed.
16. The vzw only accepts the following payment methods:
- Cash or Bancontact debit card on collection at the vzw's premises.
- Electronic payment on the webshop (no credit cards).
- Via bank transfer.
Depending on the product or service concerned one or more
payment methods are possible.
Any complaints related to the invoices issued by the vzw must be communicated in writing to the vzw within ten days of receipt. Failure to do so will mean that the invoices are considered to have been accepted, without any reservations.
17. In the event of any damage, incompleteness, error or any other
visible defect or non-compliance the customer is obliged to refuse or accept the products delivered subject to a written reservation. Use of the delivered products or services by the customer implies the customer irrevocably accepts them.
All transportable, physical products, intended for private use benefit from a two-year
warranty from the delivery date, in accordance with Article 1649 quater and subsequent of the Civil Code. The warranty period applicable to second-hand products is one year. Defects or damage of which the customer knew or should have known on delivery, defects or damage resulting from incorrect usage, water, oxidation, falls or knocks, negligence or error by the customer, as well as normal wear and tear, are not covered by the warranty. Any complaint related to the supplied products or services must be communicated to the vzw in writing within two months following discovery of the defect. After this period the customer's right to make a claim against the vzw expires.
18. The vzw guarantees that the products sold are not subject to any rights by third parties that could restrict the free use of these products. The vzw is not responsible for any actual third-party disruptions related to the use or operation of the products sold.
19. Complaints can be communicated to the address specified in Article 2 of these General Terms and Conditions of sale. A complaint does not justify suspension of payment in any case whatsoever.
20. The total
liability of the vzw and its appointees is limited at all times to 500 euro per case of damage, unless this liability arises from fraud, intentional error or gross negligence.
21. The intellectual property rights that apply to the software sold remain the exclusive property of the manufacturer. The customer is only granted a user license. The customer will not be able to transfer, concede, pledge, transfer or loan this license in any form whatsoever, neither for a fee or free of charge. The customer shall keep the proprietary notices affixed to the software and/or the manual, in good condition and ensure the software remains confidential.
PART 3: THE VZW ACTS AS AN INTERMEDIARY
22. The vzw acts as an intermediary when it puts the customer in contact with a third-party seller. In this case the services or products are offered by a third-party seller and any contracts are concluded between the customer and the third-party seller. The vzw cannot be considered as a representative, agent or client of the third-party seller in any way, nor as a person that promotes the third-party seller.
23. The vzw cannot be held liable in any way whatsoever for products or services sold or supplied by a third-party seller. By putting the customer in touch with the third-party seller the vzw is only subject to an obligation of best intent without any guarantee with regard to the third-party seller, in any form whatsoever.
24. Certain third-party sellers offer advantages or discounts to customers that satisfy the definition provided above in these General Terms and Conditions, on presentation of a valid membership card issued by the vzw. The website specifies the advantages or discounts that apply per product, service and third-party seller, and to whom they apply.
PART 4: GENERAL
25. The vzw cannot be held liable by the customer for the latter's obligations under environmental legislation.
26. Any dispute related to the validity, interpretation or execution of the contract concluded and these General Terms and Conditions shall be governed solely by the courts of the judicial district of Leuven. These courts are expressly recognised and accepted by the customer and the vzw as the solely competent jurisdictions.
Any dispute between the customer and the vzw shall be governed exclusively by Belgian law.
27. The vzw undertakes to respect the law of 8 December 1992 related to the protection of privacy with regard to processing personal data.