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Article 1 | Definitions
In these terms and conditions the following definitions apply:
- Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance.
- Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
- Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
- Withdrawal period: the period within which the consumer can make use of his right of withdrawal.
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period.
- Day: calendar day.
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
- Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 | Entrepreneur's identity
CAMPTHO ADVENTURE OUTFITTERS
Verhaeghe Thomas (E-commerce Manager)
Hondschotestraat 206
8560 Gullegem (Wevelgem)
West-Flanders, Belgium
Tel: +32 (0) 468 19 50 36 (Dutch only)
Mail: adventure@camptho.shop (recommended)
CBE-number: 0788 747 184
VAT-number: BE 0788 747 184
Article 3 | Applicability
- These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader 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, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
Article 4 | The offer/product range
- If an offer has a limited 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 products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- 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 agreement will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery or performance of the agreement;
- the period for accepting the offer, or the period for adhering to the price;
- the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
- if the agreement is archived after conclusion, in what way it can be consulted by the consumer;
- the manner in which the consumer can become aware of acts not wanted by him before the conclusion of the agreement, as well as the manner in which he can rectify these acts before the agreement is concluded;
- any languages other than Dutch in which the contract can be concluded;
- the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of a contract for continuous or periodical delivery of products or services.
Article 5 | The agreement
- The agreement is concluded at the moment the consumer accepts the offer and fulfils the terms and conditions set.
- 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, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
- The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints
- the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal
- the information on existing after-sales services and guarantees;
- the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these data before the performance of the contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
Article 6 | Right of withdrawal
- When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of fourteen days. This period commences 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 its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original state and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
More information, conditions and instructions can be found on our customer service page.
Article 7 | Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, he is responsible for at most the costs of return shipment.
- The trader will reimburse all payments received from the consumer, excluding, if applicable, the initial delivery costs, without delay and in any event after receipt of the return package, the order amount* due will be credited within 14 days after thorough inspection.
- The entrepreneur shall make the refund using the same means of payment as that used by the consumer during the original transaction, unless the consumer has expressly agreed to a different means of payment and on the understanding that the consumer may not incur any costs as a result of such refund.
- Additional costs resulting from the consumer's express choice to opt for a mode of delivery other than the cheapest standard delivery offered by the company shall not be refunded by the company.
- Except where the company has offered to collect the goods itself, the company may, in the context of sales contracts, wait until it has received back all the goods, or until the consumer has proved that he has returned the goods, whichever comes first, before refunding.
*Only the amount relating to the returned item(s) will be refunded.
Article 8 | Exclusion of right of withdrawal
- If the Consumer does not have a right of withdrawal, this can only be excluded by the Entrepreneur if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract.
- Exclusion of the right of withdrawal is only possible for:
- service contracts after full performance of the service if the performance has started with the express prior consent of the consumer, and provided that the consumer has acknowledged that he loses his right of withdrawal as soon as the company has fully performed the contract;
- the supply or provision of goods or services whose price is subject to fluctuations in the financial market outside the company's control and which may occur within the withdrawal period
- the delivery of goods manufactured according to consumer specifications, or which are clearly intended for a specific person;
- the supply of goods which spoil rapidly or have a limited shelf life;
- the supply of sealed goods which are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
- the supply of goods which, by their nature, are irrevocably mixed with other products after delivery;
- the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the company has no influence;
- contracts where the consumer has specifically requested the company to visit him in order to carry out urgent repairs or maintenance there; however, where, on the occasion of such a visit, the company provides additional services not explicitly requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repairs, the right of withdrawal shall apply to those additional services or goods
- the supply of sealed audio and sealed video recordings and sealed computer software whose seal has been broken after delivery;
- the supply of newspapers, periodicals or magazines, with the exception of contracts for a subscription to such publications;
- contracts concluded at a public auction
- the provision of accommodation other than for residential purposes, transport, car rental services, catering and leisure services, if the contracts provide for a specific date or period of performance;
- the supply of digital content which is not supplied on a tangible medium, if performance has begun with the consumer's prior express consent and provided that the consumer has acknowledged that he thereby loses his right of withdrawal
- contracts for betting and lottery services.
Article 9 | The price
- During the validity period stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
- 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. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
- The prices mentioned in the offer of products or services include VAT.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
- they are the result of statutory regulations or provisions; or
- the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
Article 10 | Conformity and Guarantee
- The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded.
- An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer can enforce against the trader in respect of a shortcoming in the trader's obligations under the law and/or the distance contract.
Article 11 | Delivery and implementation
- The trader will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest one month after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge, to request an equivalent replacement product or to obtain possible compensation.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.
Article 12 | Extended duration transactions
- The consumer can terminate an indefinite contract at any time subject to the agreed termination rules and a maximum notice period of one month.
- An agreement entered into for a definite period of time has a maximum term of two years. If it has been agreed that, in the event of the consumer's silence, the distance contract will be extended, the contract will be continued as a contract for an indefinite period of time and the notice period after continuation of the contract will not exceed one month.
Article 13 | Payment
- Insofar as not subsequently agreed, the amounts owed by the consumer should be paid within fourteen days of delivery of the goods or, in the case of an agreement to provide a service, within 14 days of submission of the documents relating to this agreement.
- When selling products to consumers, general terms and conditions may stipulate partial or full payment in advance (during the withdrawal period). Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the respective order or service(s) before the stipulated advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur. In case of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
Article 14 | Complaints procedure
- The entrepreneur has a sufficiently publicised complaints procedure and deals with complaints in accordance with this complaints procedure.
- Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
- 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 the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure. The consumer can appeal to the Consumer Ombudsman Service. The consumer has the possibility of submitting a request for mediation via the Belmed platform of the Federal Public Service Economy.
- The consumer may at any time submit a complaint online to the European Commission at https://ec.europa.eu/odr/.
Article 15 | Disputes
Contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Belgian law.
Article 16 | Counterfeiting
The Entrepreneur offers at all times only products purchased from the original manufacturers and their wholesalers. When in doubt about the authenticity of the products, the consumer can find more information and tips on the website www.eccbelgie.be. If counterfeiting is suspected, the consumer can always submit a complaint to the hotline .belgie.be/contactpoint.
Article 17 | Additional or different provisions
Additional provisions or provisions deviating 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 18 | Amendments
Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.