Terms & Conditions
Terms and Conditions Yama Bonsai
Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
1. Company: Yama Bonsai (legal name, possibly supplemented with trade name)
2. Consumer: the natural person not acting in the exercise of profession or business and entering into a distance contract with the company;
3. Distance contract: a contract concluded between the company and the consumer within the framework of an organized system for distance selling of products and/or services, up to and including the conclusion of the contract exclusively using one or more means of distance communication;
4. Means of distance communication: means that can be used for concluding a contract, without the consumer and company being in the same place at the same time.
5. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling off period.
6. Day: calendar day
7. Duration transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
8. Durable data carrier: every means that enables the consumer or company to store information that is addressed to him personally in a way that permits future consultation and unaltered reproduction of the stored information.
Article 2 – Company identity
[Collegestraat 7 3930 Hamont, Belgium]
Telephone number: +31 6 13 902 469 between 9 AM - 5 PM
Email address: email@example.com
VAT identification number: BE100.1436.116
If the company’s activity is subject to a relevant licensing system:
- the details of the supervisory authority
If the company exercises a regulated profession:
- the professional association or organization with which it is affiliated;
- the professional title and the place in the EU or European Economic Area where this was granted;
- a reference to the professional rules applicable in Belgium and instructions where and how these professional rules can be accessed.
Article 3 – Applicability
1. These terms and conditions apply to every offer made by Yama Bonsai and to every distance contract concluded between the company and the consumer.
2. Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable data carrier.
4. In cases where specific product or service terms apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly and in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him/her.
Article 4 – The offer
1. If an offer is of limited duration or subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the consumer to assess the offer properly.
3. Each offer contains such information that it is clear for the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
1. 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 out therein.
2. If the consumer accepted the offer electronically, the company will confirm receipt of the acceptance of the offer electronically without delay.
3. If the contract is concluded electronically, the company will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment.
4. Within the law, the company can gather information about the consumer’s ability to fulfill his payment obligations, as well as all facts and factors relevant for responsibly concluding the distance contract. If, acting on the results of this investigation, the company has sound reasons for not concluding the contract, it is entitled to refuse an order or request stating reasons or to attach special conditions to the execution.
5. The company will send the consumer the following information along with the product or service, in writing or in such a way that the consumer can store it on an accessible durable data carrier:
a. the company’s visiting address where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the details included in article 4, paragraph 3 of these conditions, unless the company has already provided the consumer with these details prior to the performance of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or for an indefinite period.
6. If the company has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies only to the first delivery.
Article 6a – Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to terminate the contract without stating reasons for 14 days. This period commences on the day after receipt of the product by the consumer or by a representative appointed by the consumer in advance and known to the company.
2. During this period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine whether he wishes to retain the product. If he exercises his right of withdrawal, he shall return the product with all supplied accessories and, if reasonably possible, in the original state and packaging, in accordance with the reasonable and clear instructions provided by the company.
Article 6b – Right of withdrawal upon delivery of services
1. Upon delivery of services, the consumer has the option to terminate the contract without stating reasons for 14 days, starting on the day of entering into the contract.
2. To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the company at the offer stage and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return are for his own account.
2. If the consumer has paid an amount, the company will refund this amount as soon as possible, at the latest within 14 days after return or withdrawal.
Article 8 – Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, the company can only exclude this right if it has clearly stated so in the offer, at least in good time prior to conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been produced by the company in accordance with the consumer’s specifications;
b. that are clearly of a personal nature;
c. that cannot be returned due to their nature;
d. that are liable to spoil or age rapidly;
e. whose prices are subject to fluctuations in the financial market over which the company has no influence;
f. for single copies of newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
b. of which the delivery, with the explicit consent of the consumer, has started before the reflection period has passed;
c. relating to bets and lotteries.
Article 9 – Pricing
1. The prices of the products and/or services provided shall not be increased during the validity period given in the offer, except for price changes owing to changes in VAT rates.
2. Contrary to the previous paragraph, the company may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the company’s control with variable prices. The company shall state the fact that any prices quoted are recommended prices in the offer.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of statutory regulations or stipulations.
4. Price increases from 3 months after concluding the contract are permitted only if the company has stipulated it and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer has the authority to cancel the contract on the day on which the price increase takes effect.
5. The prices quoted in offers of products or services are inclusive of VAT.
Article 10 – Conformity and Guarantee
1. The company guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of usability and/or reliability, and with the existing statutory provisions and/or government regulations on the date the contract was concluded.
2. Any guarantee provided by the company, manufacturer or importer does not affect the legal rights and claims the consumer can enforce against the company under the contract.
Article 11 – Delivery and execution
1. The company shall exercise the utmost care when receiving and implementing orders for products and assessing applications for the provision of services.
2. The place of delivery is the address communicated by the consumer to the company.
3. With due observance of that stated in Article 4 of these terms and conditions, the company shall execute accepted orders with reasonable speed but at least within 30 days, unless another delivery period was agreed. If delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer shall be informed of this within one month at the latest after ordering. In that case, the consumer has the right to cancel the contract free of charge and be eligible for any compensation.
4. In the event of cancellation in accordance with the previous paragraph, the company shall refund the amount paid by the consumer as soon as possible, but within 14 days at the latest after cancellation.
5. The risk of damage and/or loss of products rests with the company until the time of delivery to the consumer or a representative appointed in advance and made known to the company, unless explicitly agreed otherwise.
Article 12 – Ongoing transactions
1. The consumer may terminate any contract that was concluded for an indefinite period and which extends to the regular delivery of products (electricity included) or services, subject to the agreed termination rules and a notice period of no more than one month.
2. A contract concluded for a fixed term has a maximum duration of two years. If it is agreed that the distance contract will be extended automatically if the consumer does not terminate the contract on time, the contract will be continued as an indefinite contract and the notice period after continuation of the contract will be a maximum of one month.
Article 13 – Payment
1. As far as no other date has been agreed, amounts payable by the consumer must be paid within 14 days after delivery of the goods or, in case of a contract for the provision of a service, within 14 days after issuing the documents relating to this contract.
2. When selling products to consumers, the company may require a down payment of a maximum of 50% in its general terms and conditions. If an advance payment was stipulated, the consumer may assert no rights regarding the execution of the order or service(s) before the stipulated advance payment is made.
3. The consumer has the duty to inform the company without delay of possible inaccuracies in payment data provided or stated.
4. In the event of non-payment by the consumer, subject to legal restrictions, the company has the right to charge the consumer reasonable costs announced to the consumer beforehand.
Article 14 – Complaints procedure
1. The company has a sufficiently announced complaints procedure in place and shall deal with the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the contract must be submitted fully and clearly described to the company within 7 days after the consumer has identified the defects.
3. Complaints lodged with the company will be answered within a period of 14 days from the date of receipt. If a complaint requires foreseeable longer processing time, the company will respond within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed reply.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Article 15 – Governing law
Belgian law shall apply exclusively to contracts between the company and the consumer to which these general terms and conditions apply.
Article 16 – Modification of the general terms and conditions of Yama Bonsai
Modifications of these terms and conditions are only valid after they have been duly published, on the understanding that in case of applicable modifications, the provision that is most favorable for the consumer will prevail if there are contracts still valid.