general-terms

BeCommerce General Terms and Conditions

These General Terms and Conditions shall be used by all members of BeCommerce.

Contents:

  • Article 1 - Definitions
  • Article 2 - Identity of the trader
  • Article 3 - Applicability
  • Article 4 - The offer
  • Article 5 - The contract
  • Article 6 - Right of withdrawal
  • Article 7 - Obligations of the consumer during the reflection period
  • Article 8 - Exercising the right of withdrawal by the consumer and costs thereof
  • Article 9 - Obligations of the trader in the event of withdrawal
  • Article 10 - Exclusion of right of withdrawal
  • Article 11 - The price
  • Article 12 - Fulfillment and additional warranty
  • Article 13 - Delivery and execution
  • Article 14 - Continuing performance contract: duration, termination and renewal
  • Article 15 - Payment
  • Article 16 - Complaints procedure
  • Article 17 - Disputes
  • Article 18 - Trade warranty
  • Article 19 - Additional or deviating provisions
  • Article 20 - Amendments to the General Terms and Conditions for Thuiswinkel

Article 1 - Definitions


The following definitions shall apply in these General Terms and Conditions:

  • Supplemental contract: a contract in which the consumer acquires products, digital content and/or services related to a distance contract and that these products, digital content and/or services are supplied by the trader or by a third party on the basis of a contract between that third party and the trader;
  • Reflection period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
  • Day: calendar day;
  • Digital content: data produced and delivered in digital form;
  • A fixed-term contract: a contract that extends to the regular delivery of goods, services and/or digital content for a set period of time;
  • Durable data carrier: any tool, including e-mail, that enables the consumer or trader to store information that is addressed to them personally, in a way that allows for future consultation or use for a period of time that is appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
  • Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
  • Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers remotely;
  • Distance contract: a contract that is concluded between the trader and the consumer as part of an organized system for the distance sale of products, digital content and/or services, whereby sole or joint use is made of one or more technologies for remote communication up until the moment at which the contract is concluded;
  • Standard withdrawal form: means the European standard withdrawal form set out in Annex I to these General Terms and Conditions; Annex I need not be provided if the consumer does not have a right of withdrawal with regard to their order;
  • Remote communication technology: tools that can be used for concluding a contract, without the consumer and trader having to be together in the same room at the same time.

Article 2 - Identity of the trader


Name of trader: AT B.V.

Trading under the name/names: America Today

Registered office:

America Today Belgium N.V.

Kipdorpvest 26-28

2000 Antwerpen

Telephone number:+32 (0) 784 840 83

Availability: Monday to Friday from 9.00 a.m. to 5.00 p.m.

Email address: service@america-today.com

VAT number: BE 442.644.256

Article 3 - Applicability


  1. These General Terms and Conditions apply to every offer made by the trader and to every distance contract that is concluded between the trader and the consumer. Prior to the conclusion of a distance contract, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the trader's premises and that they will be sent to the consumer free of charge upon the consumer's request at the earliest possible opportunity.
  2. Prior to the conclusion of the distance contract, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it will be made clear prior to the conclusion of the distance contract that the General Terms and Conditions may be consulted at the trader's premises and that they will be sent free of charge to the consumer at the earliest opportunity upon the latter's request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and prior to the distance contract being concluded, the text of these General Terms and Conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it shall be stated where the General Terms and Conditions can be viewed electronically and that they will be sent free of charge to the consumer, either electronically or by other means.
  4. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply by analogy and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to them.

Article 4 - The offer


    The items on offer in the America Today webshop encapsulate the American campus lifestyle in a wide range of clothing, accessories and shoes. This includes very relaxed basics and college classics such as jeans, T-shirts, sweatshirts, sweatpants and hoodies with characteristic logos, prints and details. Besides its own label, you will find various American heritage brands such as Calvin Klein, Levi's and Converse.

    1. If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
    2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true reflection of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding for the trader.
    3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • the possible costs of delivery;
    • the way in which the contract will be brought about and what actions are required for this;
    • the applicability or otherwise of the right of withdrawal;
    • the method of payment, delivery or performance of the contract;
    • the period for accepting the offer, or the time limit for the price;
    • the level of the rate for distance communication if the costs of using
    • the remote communication technology are calculated based on a different base than the basic rate;
    • if the contract is archived after its conclusion, in what way it can be consulted by the consumer;
    • the manner in which the consumer may become aware of acts which they do not wish to have done before the contract is concluded, and the manner in which they may rectify these acts before the contract is concluded;
    • the languages in which the contract can be concluded, besides Dutch; the codes of conduct to which the trader is subject and the way the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the event of a contract for the continuous or periodic delivery of products or services.

Article 5 - The contract


  1. The contract comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfills the terms and conditions laid down.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
  3. If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader will take the appropriate security measures.
  4. The trader may, within legal frameworks, inform the consumer about their payment obligations, as well as about all those facts and factors that are important for the sound conclusion of the distance contract. If, on the basis of this investigation, the trader has good reason not to enter into the contract, they are entitled to refuse an order or application or to attach special conditions to the implementation.
    • No later than upon delivery of the product, service or digital content, shall the trader send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
    • the address of the trader's branch office where the consumer can lodge complaints;
    • the conditions for and the way in which the consumer may exercise their right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
    • information on warranties and existing after-sales services;
    • the data included in Article 4(3) of these General Terms and Conditions, unless the trader has already provided the consumer with this data before the implementation of the contract;
    • the requirements for cancelling the contract if the contract has a term of more than one year or is indefinite;
    • if the consumer has a right of withdrawal, the standard withdrawal form.
  5. In the event of a continuing performance contract, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 - Right of withdrawal


For products:

  1. When purchasing products, the consumer has the option of dissolving the contract without stating a reason for a period of 14 days. This period commences on the day following the receipt of the product by or on behalf of the consumer. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state their reason(s).
  2. During this period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to judge whether they wish to keep the product. If they invoke their right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in the original state and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
  3. The reflection period, as referred to in paragraph 1, commences on the day after the consumer, or a third party designated by the consumer in advance and not being 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 them, has received the last product. The trader may, provided they have clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with a different delivery time.
    • if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
    • in case of contracts for the regular delivery of products during a certain period: the day on which the consumer or a third party designated by them has received the first product.

In the case of services and digital content which is not supplied on a tangible medium:

  1. The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium throughout a period of 30 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state their reason(s).
  2. The reflection period, as referred to in paragraph 3, shall commence on the day following the conclusion of the contract.

Extended reflection period for products, services and digital content not supplied on a tangible medium in the absence of information on the right of withdrawal:

  • If the trader has not provided the consumer with the legally required information about the right of withdrawal or the standard withdrawal form, the reflection period shall expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  • If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original reflection period, the reflection period will expire 30 days after the day on which the consumer received this information.
  • Article 7 - Obligations of the consumer during the reflection period


    1. During the reflection period, the consumer will treat the product and its packaging with care. They shall 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 they would be allowed to do in a shop.
    2. The consumer shall only be liable for any diminution in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
    3. The consumer shall not be liable for any diminution in the value of the product if the trader has not provided them with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.

    Article 8 - Exercising the right of withdrawal by the consumer and costs thereof


    1. If the consumer invokes their right of withdrawal, they shall notify the trader of this within the reflection period using the standard 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 trader. This is not necessary if the trader has offered to collect the product itself. The consumer is considered to have complied with the return period if they return the product before the reflection period has expired.
    3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
    4. The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
    5. The consumer shall bear the direct costs of returning the product. If the trader has not indicated that the consumer should bear these costs or if the trader has indicated that it should bear them itself, the consumer need not bear the costs of the return shipment.
    6. If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity, not put up for sale in a limited volume or set quantity, begin during the reflection period, the consumer shall owe the trader an amount which is in proportion to that part of the undertaking which the trader has fulfilled at the time of withdrawal, as compared with the full extent of the undertaking.
    7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
      • the trader has not provided the consumer with the legally required information on the right of withdrawal, on the reimbursement of costs in the event of withdrawal or on the standard withdrawal form, or;
      • the consumer has not expressly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
    8. The consumer shall bear no costs for the complete or partial delivery of digital content not supplied on a tangible medium if:
    9. they have not expressly consented to the commencement of the performance of the contract before the end of the reflection period;
    10. they have not acknowledged losing their right of withdrawal when giving their consent; or
    11. the trader has failed to confirm this declaration by the consumer.
    12. If the consumer makes use of their right of withdrawal, all supplementary contracts shall be cancelled in accordance with the law.

    Article 9 - Obligations of the trader in the event of withdrawal


    1. If the trader makes the notification of withdrawal by the consumer possible electronically, it shall send an acknowledgement of receipt of this notification without delay.
    2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay but within 14 days from the day on which the consumer notifies it of the withdrawal. Unless the trader offers to collect the product itself, it may wait with the repayment until it has received the product or until the consumer proves that they have sent the product back, whichever comes first.
    3. The trader shall use the same payment method that the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
    4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader is not required to reimburse the additional costs for the more expensive method.

    Article 10 - Exclusion of the right of withdrawal


    The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:

    1. Products or services of which the price is linked to fluctuations in the financial market over which the trader has no influence and which can occur within the withdrawal period
    2. Contracts concluded at a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who attends or is given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the successful bidder is bound to purchase the products, digital content and/or services;
    3. Service contracts, after full performance of the service, but only if:
      • the execution has started with the consumer's explicit prior consent; and
      • the consumer has declared that they lose their right of withdrawal when the trader has completely fulfilled the contract;
    4. Package holidays, as referred to in Article 7:500 DCC [Dutch Civil Code], and passenger transport contracts;
    5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, the carriage of goods, car rental services and catering;
    6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
    7. Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
    8. Products that spoil quickly or have a limited shelf life;
    9. Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
    10. Products which, after delivery, are irrevocably mixed with other products due to their nature;
    11. Alcoholic beverages of which the price has been agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the trader has no influence;
    12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
    13. Newspapers, journals or magazines with the exception of subscriptions to them;
    14. The supply of digital content other than on a tangible medium, but only if:
      • the performance has started with the consumer's explicit prior consent; and
      • the consumer has declared that they thereby lose their right of withdrawal.

    Article 11 - The price


    1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
    2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. The offer shall be accompanied by a statement regarding this link to fluctuations and the fact that any prices mentioned are recommended prices.
    3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
    4. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has stipulated it and:
      • they are the result of statutory regulations or provisions; or
      • the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
    5. The prices mentioned in the offer of products or services include VAT.

    Article 12 - Fulfillment of contract and additional warranty


    1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
    2. An additional warranty provided by the trader, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the trader on the basis of the contract if the trader has failed to fulfill its part of the contract.

    Article 13 - Delivery and performance


    1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
    2. The place of delivery is the address that the consumer has made known to the trader.
    3. Subject to what is stated in Article 4 of these General Terms and Conditions, the trader shall execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after they have placed the order. In this case, the consumer has the right to terminate the contract without charge and the right to compensation.
    4. After dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.
    5. The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer or a representative previously designated and announced to the trader, unless otherwise expressly agreed.

    Article 14 - Continuing performance contract: duration, termination and renewal


    Termination:

    1. The consumer may terminate a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period that does not exceed one month.
    2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a notice period that does not exceed one month.
    3. The consumer can cancel the contracts mentioned in the previous paragraphs:
      • at any time and shall not be limited to termination at a specific time or during a specific period;
      • at least in the same manner as they were entered into by them;
      • always terminate the contract with the same notice period that the trader has stipulated for itself.

    Article 15 - Payment


    1. Insofar as not otherwise specified in the contract or additional terms and conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period shall begin on the day following that on which the consumer receives confirmation of the contract.
    2. When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. If advance payment is stipulated, the consumer may not assert any rights regarding the performance of the relevant order or service(s) before the stipulated advance payment has been made.
    3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the trader.
    4. If the consumer does not meet their payment obligation(s) on time, they will, after being notified by the trader of the late payment and after the trader has given the consumer a period of 14 days to still meet their payment obligations, and after failing to pay within this 14-day period, owe statutory interest on the amount due and the trader is entitled to forward the charges for the extrajudicial collection costs. 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 trader may deviate from the aforementioned amounts and percentages in favor of the consumer.

    Article 16 - Complaints procedure


    1. The trader has a sufficiently publicized complaints procedure and deals with the complaint in accordance with this complaints procedure..
    2. Complaints about the performance of the contract must be submitted to the trader clearly described and in full within a reasonable time after the consumer has found the defects..
    3. Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer..
    4. A complaint about a product, a service or the trader's service can also be submitted via a complaint form on the consumer page of the BeCommerce website. The complaint is then sent both to the trader in question and to BeCommerce..
    5. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure..
    6. A complaint about a product, a service or the trader's service can also be submitted via the Online Dispute Resolution website. http://ec.europa.eu/odr/.

    Article 17 - Disputes


    1. Only Dutch law applies to contracts between the trader and the consumer to which these General Terms and Conditions apply.
    2. Disputes between a consumer and a trader over the conclusion or performance of contracts relating to products and services to be supplied by this trader can be put before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), by either the consumer or the trader, with due observance of that which is stipulated below.
    3. A dispute will only be taken into consideration by the Dispute Committee if the consumer has first submitted their complaint to the trader within a reasonable period of time.
    4. The dispute must be submitted in writing to the Disputes Committee no later than three months after the dispute arose.
    5. If the consumer wishes to submit a dispute to the Disputes Committee, the trader shall be bound by this choice. The consumer should preferably report this to the trader first.
    6. The Disputes Committee pronounces its ruling under the conditions as set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of a binding opinion.
    7. The Disputes Committee will not deal with a dispute or terminate the proceedings if the trader has been granted a suspension of payments, gone bankrupt or has actually ended its business activities before the committee dealt with the dispute at the session and rendered a final ruling.

    Article 18 - Trade warranty


    1. BeCommerce will, with due diligence, take over the obligations of the trader to the consumer, regarding a binding opinion imposed on it by the BeCommerce Disputes Committee, if this trader has not fulfilled its obligations within the period specified in the binding opinion. BeCommerce's assumption of the trader's obligations shall be suspended if and insofar as that binding opinion is submitted for judicial review within two months of its date, in accordance with the regulations of the Disputes Committee, and shall lapse upon the court ruling becoming final and conclusive, whereby the court has declared the binding advice non-binding.
    2. For this guarantee to apply, it is required that the consumer makes a written appeal to BeCommerce and that it transfers its claim against the trader to BeCommerce.

    Article 19 - Additional or deviating provisions


    1. Additional provisions or provisions that deviate from these General Terms and Conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

    Article 20 - Amendments to the General Terms and Conditions of Home Shopping


    1. Amendments to these General Terms and Conditions shall only take effect after they have been published in the appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favorable to the consumer shall prevail.

    Artikel 21 - Identity fraud and credit card fraud


    1. To ensure the security of your online visit, BeCommerce works exclusively with recognized security partners. This minimizes the loss or theft of your identity data. BeCommerce believes it has taken all possible and relevant precautions and thus acts as a normal, farsighted and careful online intermediary. Possible identity theft or (financial) theft can therefore not be invoked against BeCommerce.

    Address BeCommerce:

    Wetenschapspark 1 - lab 1

    Campuslaan 1

    3590 Diepenbeek, Belgium

    © 2012 BeCommerce (www.becommerce.be). The information provided (General Terms and Conditions, Privacy Statement and Disclaimer) is copyrighted and may not be reproduced or communicated without the prior written consent of BeCommerce (info@becommerce.be).

    Annex I: Standard Withdrawal Form


    (complete and return this form only if you wish to withdraw from the contract)

    To: [ trader’s name]

    [ trader’s geographical address]

    [ trader’s fax number, if available]

    [ trader’s email address or electronic address]

    I/We* hereby inform you that I/We* have decided to withdraw from our contract regarding

    the sale of the following products: [product designation]*

    the supply of the following digital content: [designation of digital content]*

    the provision of the following service:

    [service description]*

    Ordered on*/received on* [date of order for services or date of receipt for products]

    [Name of consumer(s)]

    [Address of consumer(s)]

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

    * strike through what is not applicable or fill in what is applicable.