General conditions

 

 

In these general terms and terms and conditions of sale, the following shall be understood by:

- Consumer: the natural person who, exclusively for non-professional purposes, acquires or uses the products placed on the market.

- Durable medium: every tool that enables the Consumer to store personal information in a way that makes this information easily accessible for future use during a period of time that aligns with the purpose for which the information can be used, and that allows an unaltered reproduction of the stored information.

- Right of withdrawal: the possibility for the consumer to cancel a contract within the cooling-off period.

- Buyer: Consumers and customers other than Consumers, who placed an order on the Website.

- Remote contract: any contract between a company and a Consumer concerning goods or services concluded within the context of a system organised by the company for the remote sale of goods or services whereby, for this contract, exclusive use is made of one or more means of remote communication up to and including the conclusion of the contract itself.

- Website: http://www.marketonweb.eu.

- Working days: all calendar days except Sundays and public holidays.

Article 2. Identity of the seller/entrepreneur and operator of the website

Important information:

• Website: www.marketonweb.be
• Trading under the name LIRRCO BVBA
• With registered office at Hellegatstraat 5, 2590 Berlaar
• with VAT number: BE 0550499546
• telephone number: +323 480 80 92
• email address: info@marketonweb.be
• Accessibility: From Monday to Friday from 8.00 to 22.00
• RPR Antwerp

Article 3. General

3.1. These general terms and conditions of sale apply to all orders and purchases made through the webstore available on the Website. By placing an order, the Buyer confirms that they are aware of and have accepted these general terms and conditions of sale.

The general terms and conditions are available on the Website. The Buyer and the visitor can easily save the text of the general terms and conditions on a Durable medium. At the Buyer and the visitor's request, a written copy shall be sent.

3.2. The acceptance of the general terms and conditions of sale implies a waiver of the Buyer's own general or special terms and conditions of sale, unless expressly agreed otherwise in writing by the parties. The protection of personal data is subject to a separate privacy statement.

3.3. Oral undertakings shall only be binding if expressly confirmed in writing. The purchase agreement between the Buyer and MarketOnWeb shall only come into effect after the order request has been assessed for feasibility by MarketOnWeb and then confirmed in writing, by email or by telephone.

3.4. Supplements, changes and/or further agreements shall only be effective if confirmed in writing by MarketOnWeb.

Article 4. Consumers' legal right of withdrawal

The consumer has the right to inform the company that they have decided against the purchase, without payment of a penalty and without providing a reason within 14 working days starting from the day that follows the delivery of the product or the conclusion of the service contract.

4.1. During this period, the Consumer shall handle the products and packaging with care. The Consumer shall only unpack or use the product to the extent necessary to assess whether the product meets the specifications specified in the offer. If the products have been used by the Consumer or become damaged in any way, the right of withdrawal or termination of the contract shall lapse

4.2. To exercise the right of withdrawal, Customers must inform MarketOnWeb (Hellegatstraat 5, 2590 Berlaar sales@marketonweb.be) of their decision to withdraw from the contract by an unequivocal statement (e.g. in writing by post, fax or email). The Customer may, but shall not be obliged to, use the attached model withdrawal form for this purpose.

4.3. When the Consumer invokes the right of withdrawal, the Consumer shall return the product with all delivered accessories and in the original condition and packaging to MarketOnWeb, Hellegatstraat 5, 2590 Berlaar within a period of 14 days after the Consumer invoked the right of withdrawal. The consumer must prove that the delivered products were returned to MarketOnWeb on time, e.g. with a proof of postal delivery.

4.4. The costs of returning the goods are payable by the customer. Nothwithstanding the foregoing, the costs for the return shall not be payable by the customer if the delivered goods or the provided service does not meet the description of the offer. To prevent abuse, the cost of shipping shall be charged if the difference is less than the amount for which the customer benefited from free shipping.

4.5. If, after the 14-day period, consumers have not returned the delivered products to MarketOnWeb, the purchase shall be deemed final by operation of law.

4.6. If the Customer withdraws from the contract, MarketOnWeb shall refund all payments received from the Customer up to that point, including the standard delivery costs, within a maximum of 14 calendar days after MarketOnWeb has been informed of the Customer's decision to withdraw from the contract. In the case of sales contracts, MarketOnWeb may delay any refund until it has received all the goods back, or until the Customer has proved that it has returned the goods, whichever is the earliest.

 4.7. Any extra costs resulting from the Customer's choice of delivery method other than the cheapest standard delivery offered by MarketOnWeb will not be refunded.

4.8. MarketOnWeb refunds the Customer via the same payment instrument as the payment instrument via which the Customer made the original transaction, unless the Customer has explicitly agreed otherwise; in any case no costs shall be charged to the Customer for such refund.

4.9. Nothwithstanding the foregoing the Consumer may not invoke the above right of withdrawal in respect of contracts relating to:

• the delivery or provision of goods or services, the price of which is subject to fluctuations in the financial market over which MarketOnWeb has no influence and which may occur within the withdrawal period;
• the delivery of goods manufactured to the Customer's specifications, or which are clearly intended for a specific person;
• the delivery of goods that deteriorate quickly or with a limited shelf life;
• the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and the seal of which is broken after delivery;
• the delivery of goods which, after delivery, are by their nature irrevocably mixed with other products;
• the delivery of alcoholic beverages, the price of which was agreed when the sales contract was concluded but the delivery of which can only take place after 30 days and the actual value of which depends on fluctuations in the market outside the company's control;
• contracts whereby the Customer has specifically requested MarketOnWeb to carry out urgent repairs or maintenance on site;
• the delivery of sealed audio and sealed video recordings and sealed computer software, the seals of which have been broken after delivery;
• the delivery of newspapers, periodicals or magazines with the exception of contracts for the subscription of such publications;
• contracts concluded at a public auction;
• the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering and services related to leisure activities if a specific date or period of performance is laid down in the contracts;
• the delivery of digital content which is not delivered on a material medium if execution has begun with the Customer's express prior consent and provided the Customer has acknowledged that this means they lose the right of withdrawal (e.g. downloading music, software);
• contracts for betting and lottery services.

Article 5. Delivery

5.1. From the moment of delivery, the risk shall be borne by the customer. The risk of loss or damage to the ordered goods shall also be transferred to the Customer from the time the goods are handed over to the postal services or any other mail-order or transport company.

Ownership is only transferred as of full payment of the price by the Customer, unless explicitly agreed otherwise between the parties. The transport and/or delivery costs shall be borne by the Buyer, unless explicitly agreed otherwise in writing between the parties.

5.2. Delivery is made as quickly as possible. The delivery times on the website are indicative only and do not imply any obligation to guarantee a certain result. However, an order must be executed at the latest within thirty days from the day following the day on which the Consumer sent the order to the company, unless otherwise agreed between the parties or unless the Buyer has been notified and has been able to take note of this notification.

5.3. If the delivery is late, the Customer shall be notified thereof and shall be entitled to cancel the order without recourse to the courts and with simple notification, unless at that time the goods ordered have already been sent or the provision of the service ordered has already commenced. However, we shall not be liable for any payment of damages for such dissolution. The customer shall be refunded the sums already paid within a period of thirty days.

5.4. Delivery is made to the delivery address indicated by the Buyer. If the order cannot be delivered to the address specified by the customer, we reserve the right to terminate the contract by operation of law without prior notice of default. The customer shall be notified of such termination in writing, by telephone or by email. In case an incorrect address has been given, a fixed amount of 30% of the selling price shall be charged to the customer.

Article 6. Prices

6.1. The prices specified on the Website are in euros and include VAT, but do not include delivery costs. The calculation of the delivery costs can be consulted at any time during delivery and shipping.

6.2. Prices shall not be increased over the course of the offer or after the order has been placed, unless exchange rates and legal measures (including customs tariffs, duties and taxes) make this necessary, in which case the Buyer shall be informed in writing.

Article 7. Conformity

7.1. We guarantee that the goods/services comply with the contract.

7.2. Upon receipt, the Buyer must immediately check the delivered goods for conformity. Any visible shortcoming in the delivery, i.e. visible damage or a shortage of goods, must be communicated to MarketOnWeb (Hellegatstraat 5, 2590 Berlaar) in writing and by registered post within 7 days of delivery.

The item in question must be returned within 14 days of receipt of the delivery. The return of the goods is subject to our prior written agreement. An exchange or refund must be requested. For cost allocation, see supra article 4.4.

7.3 If you are not satisfied with the delivered goods, you can also turn to the Online Dispute Resolution (ODR) platform

Article 8. Payment

8.1. Payment shall be made by electronic bank transfer, credit card or any other payment method offered on the Website no later than at the time of ordering.

8.2. We are not liable in any way for any damage whatsoever arising from fraud or any unlawful act committed by means of a bank card or credit card or any data belonging to the Buyer by third parties, without prejudice to the Buyer's right to recoup the damage from the latter.

Article 9. Liability

9.1. We are not liable for indirect damage, such as: loss of an opportunity, emotional damage, loss of income, etc.

9.2. We are not liable for damage to goods, persons or others caused by improper use of the products. Before using the delivered goods, the buyer must read the manufacturer or producer's operating instructions and manual.

9.3. Information, images, oral communications, statements, etc. concerning all offers and the main characteristics of the products provided by telephone or via email are provided (or shown) as accurately as possible. MarketOnWeb shall not be held responsible for any advice it provides, typographical or printing errors on the website or technical information provided by suppliers or manufacturers.

9.4. MarketOnWeb may include links in its website to other websites that may be interesting or informative for the visitor. Such links shall be purely informative. MarketOnWeb shall not be responsible for the content of the website referred to or for the use thereof.

9.5. Users of the Website acknowledge that MarketOnWeb has the right to interrupt, at any time, the availability of the Website for maintenance or updating purposes.

Article 10. Force majeure

10.1. We are not liable if we cannot fulfil our obligations to the Buyer due to force majeure. In the event of force majeure, we are released from our obligations to the Buyer.

10.2. "Force majeure" shall be understood to mean any external cause, as well as any circumstance, which should not be at the seller's risk in all reasonableness.

For example, the following are cases of force majeure: delay or non-performance by our suppliers of foreign merchandise and primary raw materials, internet failures, hacking of the Website, electricity failures, failures in email traffic and failures or changes in technology provided by third parties, transport difficulties, lock-outs, general mobilisation, state of war or revolution, adverse weather conditions, strikes, government measures, delays in supply, hindrances in the receipt of fuels required for normal production, negligence on the part of our suppliers and/or manufacturers and auxiliary persons, staff sickness, deficiencies in resources or means of transport and all circumstances beyond our control shall explicitly be regarded as force majeure.

10.3. In no event shall we be liable - in the event of force majeure - for any penalty or compensation for damages.

Article 11. Guarantee provisions

Pursuant to the Act of 21 September 2004 on consumer protection in respect of consumer goods sales the consumer has legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.

To invoke the guarantee, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.

For articles purchased online and delivered to the Customer's home, the Customer must contact MarketOnWeb's customer service department (+32479283257) and return the article to MarketOnWeb at their own expense.

If a defect is found, the Customer must inform MarketOnWeb as soon as possible. In any case, any defect must be reported by the Customer within 2 months following discovery. Any right of repair or replacement expires after this period.

The guarantee never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or modifications to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest themselves after a period of 6 months following the date of purchase, or delivery if applicable, are deemed not to be hidden defects, unless the Customer can prove otherwise. 

Article 12. Privacy

MarketOnWeb, part of BVBA Lirrco, handles your personal data with care. We make every effort to guarantee the reliability, security and integrity of the data we collect. The data controller, MarketOnWeb respects de Belgian Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data and has also notified the Privacy Commission of the use of our customers' data to process orders. 

We protect your privacy as follows:

• Your personal data shall not be given, sold or handed over to third parties under any circumstances. We only make your data available to third parties who are involved in the execution of your order (such as the courier company).
• Your data shall be securely stored in a non-publicly accessible database.
• As a customer, you may only receive selected promotional emails about MarketOnWeb's offers. If you no longer wish to receive messages from MarketOnWeb, you can unsubscribe at any time by simply clicking the unsubscribe link at the bottom of the emails or by sending an email to sales@marketonweb.be. We will then no longer send you mailings or newsletters.
• If you gave us your phone number, you will only be contacted by our company by telephone if this is necessary to inform you about pending questions or orders.
• If you gave us your mobile phone number via the web you will only receive text messages (SMS/MMS/etc.) from our company if this is necessary to inform you about the questions or orders you requested.

The forms on our website always indicate which fields are mandatory and which fields are optional. We will not use your data to contact you for other purposes without your permission.
If you place an order with MarketOnWeb, we may ask you for the following information:

• Your name, address and phone number. We use these data to correctly handle the delivery of your product.
• Your email address, so that we can keep you informed of your order.
• Payment information, such as your credit card or bank account number. We use these data to safely complete your order.

In case of errors in address, invoicing or other personal data, MarketOnWeb shall not be held liable for the impossibility of fulfilling its obligations (for example, delivery or notification). You are responsible for maintaining the confidentiality of the password associated with your user profile. Under 18s can only use this Website with their parent or guardian's consent.
Our company may use the consumer information for new purposes that have not yet been specified in our privacy statement. In this case we will contact you before using your data for these new purposes and to inform you of the changes to our rules and regulations for the protection of personal data and to give you the opportunity to refuse.

Users have a statutory right to inspect and possibly rectify their personal data. Subject to proof of identity (copy of your identity card), you may obtain a written copy of your personal data, free of charge, by sending a written, dated and signed request to MarketOnWeb, Hellegatstraat 5, 2590 Berlaar. If necessary you can also ask to correct any data that are incorrect, incomplete or not relevant.

Article 13. Penalties for non-payment

Without prejudice to the exercise of other rights at MarketOnWeb's disposal, in the event of non-payment or late payment from the date of the breach of contract, the Customer shall owe an interest of 10% per annum on the unpaid amount by operation of law and without notice. In addition, the Customer shall owe fixed damages of 10% of the amount in question, with a minimum of 25 euros per invoice by operation of law and without further notice.

Without prejudice to the preceding, MarketOnWeb (bvba Lirrco) reserves the right to take back articles that have not been (fully) paid for.

Article 14. Intellectual property rights

The content of this site, including the brands, logos, drawings, data, product or company names, texts, images, etc. are protected by intellectual property rights and belong to MarketOnWeb or rightful third parties. To prevent any misuse of our photos, in the event of a breach of the intellectual property rights, compensation of 300 euros per photo will be required, as well as a fixed amount of the obtained revenue. For the slavish imitation of our texts, we will charge a fee of 100 euros per text.

Article 15. Invalidity

The possible invalidity of a part of these provisions shall in no way imply the invalidity of these general terms and conditions in their entirety.

Article 16. Applicable law and competent court

14.1. Any dispute arising from this remote contract between MarketOnWeb and the Buyer or the use of our website shall be subject exclusively to Belgian law.

14.2. The Belgian courts within the district of Antwerp shall have exclusive jurisdiction to hear any dispute arising from the contract between MarketOnWeb and the Buyer.

 

Appendix 1. Model withdrawal form
Dear customer, only complete and return this form if you wish to withdraw from the contract.

To MarketOnWeb, Hellegatstraat 5, 2590 Berlaar, sales@marketonweb.be:

 

I/We (*) hereby give notice (*) that I/We (*) hereby want to withdraw from (*) our contract relating to the sale of the following goods/provision of the following service (*):

 

Ordered on (*)/Received on (*):

 

Name(s) of consumer(s):

Address of consumer(s):

 

Signature of consumer(s) [only when this form is submitted on paper]:

Date:

 

(*) Delete as required.

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