Terms and Conditions
Article 1 - Definitions
In these conditions:
Entrepreneur: My ID+, Beulk 122, 2275 Wechelderzande (Lille) BE0701498456
Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement only one or more techniques for distance communication are used;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Day: calendar day;
Article 2 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract between the entrepreneur and the consumer. They can be consulted on the in art. 2 website of the entrepreneur.
Each order counts as acceptance by the consumer of these general terms and conditions, which form an integral part of the agreement, to the exclusion of all other general or special conditions from the consumer, unless expressly stipulated otherwise in writing.
If an article of these conditions is annulled, this invalidity will not affect the validity of the remaining articles.
Article 3 - Offer
All quotations from the entrepreneur are free of obligation and the entrepreneur is only bound by an order after having confirmed it in writing or after having started carrying it out. The information about the products and the pricing, as well as the detailed order information, have been drawn up and communicated subject to change and correction. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Article 4 - The contract
Subject to paragraph 4, the agreement is concluded at the moment of acceptance of the entrepreneur of the order.
The entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform 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 the entrepreneur has grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.
Article 5 - Right of withdrawal
With purchase, the consumer has the option to terminate the contract without giving any reason for 14 days. This period starts on 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 carefully. He will only unpack or use the product to the extent that is 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 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. Incomplete, damaged, used or contaminated goods will not be taken back.
If the consumer exercises his right of withdrawal, the costs of returning the goods are for his account. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or cancellation.
The consumer does not have a right of withdrawal when it comes to products that:
• made to measure for the consumer; or
• have been created by the entrepreneur in accordance with the specifications of the consumer; or
• are clearly personal in nature; or
• can not be returned due to their nature; or
• the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence.
Article 6 - Price
The entrepreneur reserves the right to change his prices at any time.
Nonetheless, the products are invoiced on the basis of the rates that apply at the time the order is accepted. The entrepreneur can not be held liable for (typing) errors in his offers that the consumer reasonably had to assume that these (typ) errors concern. The price due is the one stated in the confirmation of the order. If the price is increased, the consumer has the right to terminate the contract without charge at his expense, nor the entrepreneur's obligation to pay any compensation.
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 is stated in the offer.
The prices mentioned in the offer of products or services are inclusive of VAT but exclusive of transport and / or delivery costs.
The goods are only delivered after the price has been paid in full by the consumer. If the entrepreneur would allow deviations from this, the delivered goods remain the property of the entrepreneur until full payment of the price, including all costs and charges, negligence interests and fees. In the event of non-payment, the entrepreneur reserves the right to take back the goods, legally and at the expense of the consumer.
Article 7 - Conformity and Guarantee
The guarantee of the entrepreneur is limited to the guarantee for hidden defects and the guarantee in case of consumer purchase, both provided in the Civil Code. The entrepreneur only guarantees damage that is the result of intent or gross error and is not liable for general or special indirect damage, of whatever nature, suffered by the consumer.
Article 8 - Delivery and execution
The entrepreneur will take the greatest possible care when executing orders for products.
Deliveries are only made by the entrepreneur after the price of the goods to be delivered has been paid in full by the consumer. The place of delivery is the address that the consumer has made known to the entrepreneur. Mistakes are for the account of the consumer. Deliveries can only be made in the countries indicated on the website of the entrepreneur.
The trader will execute accepted orders with convenient speed but at the latest within 30 days. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 14 days after he has placed the order. Delivery periods are purely indicative and exceeding them does not entitle the consumer to terminate the agreement, nor to any compensation.
If the entrepreneur can not execute the delivery and has informed the consumer of this, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after such notification. The consumer has no right to any other compensation in this case.
The risk of damage and / or loss of products rests until the moment of delivery to the consumer at the entrepreneur, unless expressly agreed otherwise.
Article 9 - Payment
The invoices are payable at the registered office of the entrepreneur, on the due date, net without discount, unless stated otherwise on the invoice. Each complaint concerning the invoices must, in order to be admissible, be submitted in detail by registered letter within three (3) days after receipt of the invoice. After payment of the invoice, the entrepreneur will do the necessary to deliver the paid goods.
In case of overdue payments, interest will be charged on the outstanding invoice amounts automatically and without any prior notice of default, at a rate of 1% per month from the invoice date. In the event of non-payment and if a reminder by ordinary letter has remained unchecked for 14 days, a lump sum compensation will also be due at the rate of 10% of the outstanding amounts.
The entrepreneur reserves the right, in the event of every full or partial non-payment of an invoice on the due date or any other infringement of the consumer to his obligations under the agreement, legally and without notice, the execution of all agreements with the consumer to suspend or terminate it with immediate effect, without the need for any legal intervention and to claim immediately all outstanding debts or to carry out the delivery only for cash payment, notwithstanding prior agreements and without prejudice to any other right which we may assert.
Failure to act immediately against a shortcoming on the part of the consumer can in no way be regarded as a renunciation of the entrepreneur to later invoke this shortcoming. The payment options for the consumer are as follows:
• Credit card: Visa, MasterCard, Maestro, Bancontact • Bank transfer
The entrepreneur undertakes to the best of its ability to guarantee the safety of the consumer of the webshop, but can in no case be held liable for any damage caused by the unsafe, incorrect or negligent use of the webshop by the consumer himself, nor for any damage caused by third parties who would misuse the website or the payment system, except for gross negligence or intent on the part of the entrepreneur, are appointees or mandatories. When using the aforementioned payment systems, the consumer must of course also respect the possible conditions of the administrators involved, nor is the entrepreneur a party to the relationship between the consumer and the payment system operator.
Article 10 - Obligations and responsibilities of the consumer
The consumer acknowledges and explicitly accepts that:
• The products offered by the entrepreneur are medical identification jewels;
• Most products consist of a jewel and an identification plate
(hereafter referred to as 'tag');
• The tag can be engraved with certain information;
• This information must be provided by the consumer to the entrepreneur;
• The consumer at each delivery must check whether the relevant tag has been correctly engraved;
• Any incorrect engraving must be reported in writing within 2 days of delivery to the entrepreneur (by e-mail, fax or registered letter) in the absence of which the engraved information is deemed to be correct;
• In the event of a timely reported incorrect engraving, the trader will engrave a new tag containing the information provided by the consumer and this will be done free of charge if the consumer can prove that the trader has made a mistake in the initial engraving;
• The entrepreneur does not bear any responsibility with regard to the information provided by the consumer and engraved on the tag and that the consumer bears full responsibility for the correctness of this information and the entrepreneur must indemnify against this in any respect;
Article 11 - Complaints procedure
Except as stated in art. 10 regarding proper engraving of the tag, complaints, to be admissible, must reach the entrepreneur: (a) in the case of a complaint for non-conforming delivery, four (4) days after delivery and (b) in case of hidden defects, eight (8) days after discovery of the defect or after the moment when such discovery could reasonably have occurred. The receipt of the goods by the consumer covers any possible defect or non-conformity that could then be determined.
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.
Article 12 - Force majeure
The trader is not liable for a delay in the execution or for a non-performance of his obligations due to events beyond his normal control, including production interruptions, difficulties in the supply or shortages of raw materials, labor, energy or transport or delays in transport, strikes , lock-outs, work interruptions or other collective labor disputes that affect either the entrepreneur or his suppliers, and this even if these events are foreseeable.
Article 13 - Privacy
By ordering on the internet site of the entrepreneur, the consumer expressly allows the processing and use of his / her personal data for purposes such as the administration of the customer base, the management of the orders, deliveries and invoices, the monitoring solvency, marketing and advertising. The processing for marketing purposes and the individualized advertising only takes place if the consumer has expressly agreed to this during the ordering process. The entrepreneur will not transfer the data to third parties. The consumer has the right to inspect and improve the data. The consumer has the right at all times to oppose processing for direct marketing purposes free of charge.
The entrepreneur hereby respects the Belgian law of 8 December 1992 regarding the processing of personal data.
Article 14 - Applicable law
These general terms and conditions and the agreement between the entrepreneur and the consumer are governed by Belgian law and fall under the exclusive responsibility of the courts of Antwerp.