Terms of service
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 - Obligations of the Consumer During the Cooling-Off Period
Article 8 - Exercising the Right of Withdrawal by the Consumer and Associated Costs
Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Compliance and Extra Warranty
Article 13 - Delivery and Execution
Article 14 - Duration Transactions: Duration, Termination, and Renewal
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions
Article 19 - Complaints Procedure BECOM
Article 1 - Definitions
For the purposes of these terms and conditions:
- Additional Agreement: An agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are provided by the entrepreneur or a third party based on an agreement between that third party and the entrepreneur.
- Cooling-Off Period: The period within which the consumer can exercise their right of withdrawal.
- Consumer: A natural person not acting for purposes related to their trade, business, craft, or professional activity.
- Day: Calendar day.
- Digital Content: Data produced and supplied in digital form.
- Continuing Performance Agreement: An agreement intended for the regular delivery of goods, services, and/or digital content over a specific period.
- Durable Medium: Any tool, including email, that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation or use during a period aligned with the purpose of the information and allows unaltered reproduction of the stored information.
- Right of Withdrawal: The consumer's option to terminate the distance contract within the cooling-off period.
- Entrepreneur: A natural or legal person offering products, (access to) digital content, and/or services to consumers at a distance.
- Distance Contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for the remote sale of products, digital content, and/or services, using one or more means of distance communication up to and including the conclusion of the contract.
- Model Withdrawal Form: The European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal in their order.
- Means of Distance Communication: Tools that can be used for concluding an agreement without requiring the simultaneous physical presence of the consumer and the entrepreneur.
Article 2 - Identity of the Entrepreneur
Que Pasa BV
Registered Office:
Kapelstraat 118
3550 Heusden-Zolder
Physical Office:
Bosstraat 46 0.20
3560 Lummen
Phone Number: +32 473 805 142
Email Address: info@botanicaspices.be
VAT Identification Number: BE0646.947.933
Bovenkant formulier
Article 3 - Applicability
These general terms and conditions apply to every offer made by 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 indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, and contrary to the previous paragraph, the text of these general terms and conditions can also be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or by other means upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly, and the consumer can always invoke the provision most favorable to them in the event of conflicting terms.
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, digital content, and/or services being offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, they will provide a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains sufficient information to make it clear to the consumer what their rights and obligations are when accepting the offer.
Article 5 - The Agreement
- The agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth, subject to the provisions in paragraph 4.
- 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 may terminate the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- Within the legal framework, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as other factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request, providing reasons, or to attach special conditions to its execution.
- At the latest upon delivery of the product, service, or digital content, the entrepreneur will provide the consumer with the following information, in writing or in a way that the consumer can store it accessibly on a durable medium:
- The address of the entrepreneur's business where the consumer can lodge complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
- Information about warranties and existing after-sales services;
- The price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; 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 indefinite;
- If the consumer has a right of withdrawal, the model withdrawal form.
- For a continuing performance agreement, the provisions in the previous paragraph apply only 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 14 days without giving reasons. The entrepreneur may ask the consumer the reason for withdrawal, but may 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. The entrepreneur may, provided he has clearly informed the consumer about 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 delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer the reason for withdrawal, but may 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 the entrepreneur 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 the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 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 depreciation of the product if the entrepreneur 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
1.If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2.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) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
3.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 the entrepreneur.
4.The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5.The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
6.If the consumer revokes after first having expressly requested that the performance of the service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer is the entrepreneur. amount due that is proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7.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:
8.the entrepreneur 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;
9.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.
10.The consumer will not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
11.prior to delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
12.he has not acknowledged that he loses his right of withdrawal when granting his consent; or
13.the entrepreneur has failed to confirm this statement from the consumer.
14.If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
1.If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
2.The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3.The entrepreneur 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.
4.If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement:
1.Products that spoil quickly or have a limited shelf life; non-alcoholic drinks are hereby excluded from the right of withdrawal
2.Alcoholic drinks whose price was agreed upon when concluding the agreement, but delivery of which can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
Article 11 - The price
1.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.
2.Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3.Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4.Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
5.these are the result of legal regulations or provisions; or
6.the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
7.The prices stated in the offer of products or services include VAT.
Article 12 - Compliance with agreement and additional warranty
1.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.
2.An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3.An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .
Article 13 - Delivery and execution
1.The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2.The place of delivery is the address that the consumer has communicated to the entrepreneur.
3.Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur 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.
4.After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5.The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation and extension
Termination:
1.The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2.The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of at least maximum one month.
3.The consumer can terminate the agreements referred to in the previous paragraphs:
* cancel at any time and not be limited to cancellation at a certain time or in a certain period;
* at least cancel in the same manner as they were entered into by him;
* always cancel with the same notice period as the entrepreneur has agreed for himself.
Extension:
4.An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
5.Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer refuses to accept this extended agreement. may terminate the extension with a notice period of no more than one month.
6.An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7.A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
8.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 duration.
Article 15 - Payment
1.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.
2.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.
3.The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
4.If the consumer does not fulfill his payment obligation(s) on time, he is, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. 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. The entrepreneur may deviate from the stated amounts and percentages for the benefit of the consumer.
Article 16 - Complaints procedure
1.The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2.Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3.Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4.The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 17 - Complaints
Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 18 - Additional or deviating 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 data carrier.
Article 19 - Complaints procedure BECOM
If the dispute cannot be settled amicably, the Customer can submit a complaint to the BECOM dispute committee via the online complaints form at http://www.becom.digital.”
If the dispute cannot be settled amicably, the Customer can file a complaint with (i) the consumer ombudsman service with address at 1000 Brussels,
Koning Albert II-laan 8 bus 1 (North Gate II), (ii) the online dispute resolution platform provided by the European Union,
http://ec.europa.eu/odr. For Belgium, this concerns the European Consumer Center with address at 1060 Brussels, Hollandstraat 13, odr@eccbelgium.be,
tel. +3228923712.
Onderkant formulier