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Terms and conditions

Article 1  - Definitions                                                   
Article 2  - The Entrepreneur’s identity                          
Article 3  - Applicability                                                 
Article 4  - The offer                                                     
Article 5  - The agreement                                                       
Article 6  - Right of withdrawal                                     
Article 7  - Consumer’s obligations during the reflection period                         
Article 8  - Exercising the Consumer’s right of withdrawal and the costs           
Article 9  - Entrepreneur’s obligation in case of withdrawal
Article 10 - Exclusion of the right of withdrawal

Article 1: Definitions

In these terms and conditions means: Additional agreement: an agreement by which the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are provided by the entrepreneur or on the basis of a partner the third party and the entrepreneur; consideration period: the period in which the consumer can use his right of withdrawal; consumer: the natural person who does not act for purposes related to his trade, business, crafts or professional activity; day: calendar day; digital content: data produced and provided in digital form; long-term agreement: an agreement for the regular delivery of goods, services and / or digital content during a certain period; sustainable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information personally directed to him in a way for future consultation or period period of use what the information is intended for and which allows any reproduction of the stored information; right of withdrawal: the possibility of the consumer to cancel the distance agreement within the consideration period; entrepreneur: the natural or legal person that provides remote products, (access to) digital content and / or services to consumers; distance agreement: an agreement to be concluded between the entrepreneur and the consumer under an organized remote selling system of products, digital content and / or services, which is used up to and with the conclusion of the agreements concluded by you uses one or more remote communication techniques; model withdrawal form: the european model withdrawal form listed in annex I to these terms. Annex I does not have to be made available if the consumer does not have a right of withdrawal regarding his order; remote communication technology: means that can be used to conclude an agreement without consumer and entrepreneur need to meet in the same space at the same time.

Article 2: Identity Of The Entrepreneur

Peach MH BV

Kapelstraat 55 

3500 Hasselt 

Phone: 011.55.10.52

E-mail: emelie@peach-store.be

VAT: BE0805.376.548

 

Article 3: Applicability

These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the          Consumer.

Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as       possible. If this is reasonably impossible, the Entrepreneur shall indicate in            what way the General Terms and conditions can be inspected and that they    will be sent free of charge if so requested, before the distant contract is            concluded.  

If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the    distance contract is concluded, may also be supplied to the Consumer      electronically in such a way that the Consumer can easily store it on a long-        term data carrier. If this is reasonably impossible, it will be specified where            the General Terms and Conditions can be viewed electronically and that they       will be sent to at the      Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;

In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall          apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most   favourable to him/her.

 

Article 4: The Offer

If an offer has a limited validity or is made under conditions, this will be expressly stated in the offer. The offering contains a full and accurate description of the products offered, digital content and / or services. The description is sufficiently detailed to allow a good assessment of the offering by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Known mistakes or errors in the offer do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer of the rights and obligations connected to the acceptance of the offer.

 

Article 5 – The contract

Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.

If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic     means. As long as the receipt of said acceptance has not been confirmed, the      Consumer may repudiate the contract.

If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic          data transfer and ensure a safe web environment. If the Consumer can pay       electronically, the Entrepreneur shall observe appropriate security measures.

The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors        relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not    concluding the contract, he is lawfully entitled to refuse an order or request        supported by reasons, or to attach special terms to the implementation.

Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing          or in such manner that the Consumer can store it in an accessible manner on    a long-term data carrier:         
         a. the visiting address of the Entrepreneur´s business establishment where        the Consumer may get into contact with any complaints;        
         b. the conditions on which and the manner in which the Consumer may             exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;   
         c. the information corresponding to existing after-sales services and       guarantees;
         d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or          implementation of the distance contract;

  1. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
  2. the standard form for withdrawal if the Consumer has the right of withdrawal.
  3. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

 

Article 6: Right Of Withdrawal

With products: The consumer can dissolve an agreement regarding the purchase of a product for a minimum 14 days without statement of reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not obligating this reason(s). The reflection period referred to in paragraph 1 shall start on the day after the consumer, or a pre-designated third party who is not the carrier, receives 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 prior to the ordering process, refuse an order for multiple products with different delivery times;

If the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him receives the last shipment or part;

For agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, receive the first product. For services and digital content not provided on a material support:

The consumer may cancel a service agreement and an agreement for the supply of digital content not supplied on a material carrier for a minimum of 14 days without reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not obligate it to state his reason (s). The consideration period referred to in paragraph 3 shall start on the day following the conclusion of the agreement. Extended withdrawal period for products, services and digital content not supplied on a material carrier if not informing about the right of withdrawal:

If the entrepreneur has not provided the consumer regulatory information about the right of withdrawal or the model withdrawal form, the withdrawal period will expire twelve months after the end of the original, in accordance with the previous members.

If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within a twelve months from the effective date of the original consideration period, the coverage period expires 14 days from the day on which the consumer received that information.

 

Article 7 – Consumer’s obligations during the time of reflection

During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent          necessary for establishing the nature, the characteristics and the effect of the        The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product      in a shop.

The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than          allowed in sub-section 1.

The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.

 

Article 8: The Right Of Withdrawal By The Consumer And Its Costs

If the consumer uses his right of withdrawal, he will notify the entrepreneur within the withdrawal period by using the model withdrawal form or in another integral manner. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an agent of) the entrepreneur. This does not need if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the withdrawal period. The consumer will return the product with all accessories supplied, if reasonably possible in original condition and packaging, and in conformity with the reasonable and clear instructions provided by the entrepreneur. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. The consumer bear the direct cost of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the cost of returns. If the consumer withdraws after first having expressly requested that the provision of the service or the supply of gas, water or electricity not ready for sale made in a limited volume or determined amount, the consumer amount has been reduced. Amount due proportional to that portion of the undertaking fulfilled by the entrepreneur at the time of withdrawal compared to the full performance of the undertaking.

The consumer shall not bear any charges for the performance of services or the supply of water, gas or electricity which are not ready for sale made in a limited volume or quantity, or for the supply of urban heating, if:

  • The entrepreneur has not provided the consumer the legally required information about the right of withdrawal, the reimbursement in case of withdrawal or the model withdrawal form, or;
  • The consumer has not expressly requested the start of performance of the service or supply of gas, water, electricity or urban heating during the reflection period.
  • The consumer will not bear charges for the full or partial supply of digital content not supplied on a material media, if:
  • He has not expressly agreed prior to delivery of the agreement to start performing with the agreement before the end of the withdrawal period;
  • He has not recognized to lose his right of withdrawal when granting his consent; or
  • The entrepreneur failed to confirm this consumer statement. If the consumer uses his right of withdrawal, all additional agreements will be dissolved by law.

Article 9 – Entrepreneur’s obligations in case of withdrawal

If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.

The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which       the Consumer notified him of the withdrawal. Unless the Entrepreneur offers          to collect the product himself, he can wait with paying back until having    received the product or until the Consumer proved that he returned the     product, whichever occurs first.

The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The    reimbursement is free of charge for the Consumer.

If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the          additional costs for the more expensive method.  

 

Article 10 - Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may          occur within the period of withdrawal;

Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Entrepreneur offers products, digital           content and/or services to the Consumer who is personally present or has the             possibility to be personally present at the auction under the direction of an          auctioneer and whereby the successful bidder is obliged to purchase the          products, the digital content and/or the services.