Hohes Venn 16(c)eastbelgium

Standard Terms & Conditions for Online Transactions

 


Standard Terms & Conditions for Online Transactions

1. The seller’s identity

Tourismusagentur Ostbelgien VoG, known in English as East Belgium Tourist Agency, a non-profit association (EBTA in the following), whose offices are at
Hauptstraße 54, 4780 Sankt Vith, Belgium
VAT: BE 0715 454 578
Tel.: +32 80 22 76 64
E-mail:

 

2. When these T&Cs apply

These standard terms & conditions of contract apply to all online transactions involving the seller identified above (us) and you, the purchaser (in your capacity as a consumer).

3. When online purchases become final

In accordance with the Economic Law Act as applying to contracts formed away from business premises, once the details of a purchase, including the total price, are displayed on your screen and you have been able to correct any mistakes you see, the contract is formed when you click/swipe the button to confirm your order. Contract confirmations are sent out by e-mail.

4. Purchaser’s acceptance of these standard terms & conditions

Online transactions by visitors to www.ostbelgien.eu are governed exclusively by these standard online terms & conditions. Before deciding to transact with us, you need to read these standard online terms & conditions and explicitly agree to them in their entirety each time you click or swipe to confirm an order; only then can you complete the order process. These T&Cs are subject to amendment at any time: in that case, pending contracts continue to be governed by the terms applying when entered into.

5. Language, applicable law and jurisdiction

Your online transaction can be done in French, German or Dutch. The ensuing exchange of information will also be conducted in that same language, which you are deemed to have sufficient mastery of and knowledge-gaps in which do not form a valid ground for denying the application of given clauses.

Disputes will be resolved under Belgian law. EBTA makes no admission as to the conformity of this web page with legislation applying outside Belgium. Exclusive jurisdiction is conferred on the courts in Eupen.

6. Data records

Details of your orders and the standard terms & conditions applicable on the date of the contract are retained for a period of ten (10) years.

7. Retention of title

Section 1583 Civil Code is excluded, instead of which property passes upon full settlement of the price.

8. Passing of risk

Under section VI(44) Economic Law Code, the risk of loss or damage to the goods passes to customers at the time they or an authorised third party take physical possession of the goods.

9. Prices

Prices shown on our website include VAT at the current standard rate. Website prices are marked in euros and include all taxes.

Shipment and delivery are not included in the prices shown on our website but are notified prior to transacting on the basis of the customer’s delivery information.

10. Payment

Items ordered on our website can be paid for by:

-          PayPal; or
-          credit transfer via your bank.

Ordered goods are held in reserve for you for 20 (twenty) days pending your payment, upon which they are released for shipment. If no payment is received in that time, we cancel the transaction.

11. Delivery and shipment

Delivery is to the address provided by you (your own, a neighbour’s, your place of work, etc.).

We have absolute freedom to decide shipment methods. Items in stock are generally delivered within ten (10) working days, though circumstances beyond our control can prolong delivery dates.

If delivery cannot be envisaged within ten (10) working days or more or the ordered item is not in stock when the order is placed, we will say so and advise when delivery can be expected.

If, for reasons outside our control, an item cannot be supplied (any longer), we will e-mail you offering a substitute, subject to your agreement. If you do not agree to the substitute within ten (10) working days, we will cancel your order and refund any contract payments made.

12. Cooling-off period

Without needing to say why, you have the right to cancel this contract within 14 (fourteen) days from when you or a third party named by you (other than the carrier) takes or has taken possession of the goods.

To exercise your cancellation right, simply draw up an unambiguous written statement (for posting or e-mailing) in which you declare you cancel the contract and send it to our office at East Belgium Tourist Agency, Hauptstraße 54, 4780 Sankt Vith, Belgium, tel.: 080 22.76.64, e-mail ).

If you wish, you can use our enclosed model cancellation form or go to our website at www.ostbelgien.eu and fill in our model cancellation agreement there or otherwise make and transmit your clear message of cancellation. We will then immediately confirm your cancellation in permanent-carrier form (e.g. by e-mail).

Meeting the deadline for cancelling means the cancellation has to be sent before the deadline passes.

13. The consequences of cancelling

Immediately upon cancellation of your contract (within fourteen (14) days after we receive notification that you want to cancel), we refund you all payments we have received from you, including shipment costs but excepting additional costs incurred if you selected delivery in a form other than our low-cost standard delivery. Unless agreed otherwise, refunds use the same payment means as you used in the original transaction. No compensation can be claimed as a result of receiving a refund.

We may hold back refunds until the earlier of the time we receive the goods back or you prove that you have shipped them.

You must send or hand the goods back to us immediately (and no later than fourteen (14) days after you notify us of cancellation). The deadline is met if the goods are shipped back to us before the 14 (fourteen)-day period expires.

Goods must be returned complete with all their supplied accessories, in original packaging and with all enclosed documents and digital data carriers.

The direct shipment costs for returning goods are borne by you (estimated not to exceed 50 (fifty) euros).  

You are responsible for any drop in value due to handling other than is appropriate to determine the goods’ properties, characteristics or means of operation.

14. Warranty

Customers retain their full statutory warranty rights for a period of two (2) years starting on delivery.

This warranty covers defects in conformity existing at the time of delivery of the goods and rendering them unfit for the purpose for which they are contractually intended. Excluded, therefore, are:

  • defects due to normal wear and tear;
  • direct or indirect harm caused to the goods post-delivery (e.g. due to jolts and   falls);
  • damage from fire, water, lightning strike, accident, natural catastrophe, defects deliberately or negligently caused by improper use, poor maintenance or abnormal use, or use contrary to manufacturers’ instructions;
  • damage as the result of commercial, occupational or community usage.

Warranty claims take the form of notifying us of a defect’s existence by recorded delivery letter sent to the above address within two (2) months of it being discovered, and must enclose a copy invoice.
This warranty concerns replacement of the relevant item.

These conditions and restrictions apply notwithstanding any applicable provisions of statute.

15. Privacy policy

Personal data processing and protection are covered by data protection regulations forming an integral part of these standard terms & conditions for online transactions and which you are advised to read carefully.

16. Liability

EBTA’s liability is limited to direct, foreseeable losses it causes.

Within the bounds permitted by statute, the EBTA’s liability in contract and in tort cannot exceed a sum representing the purchase price of the relevant goods.

17. Legal capacity of parties

By purchasing goods using this website, you give an assurance that you are at least 18 (eighteen) years of age and have legal capacity to engage in online transactions using the website.

18. Salvatorial clause

Any provision of these standard terms & conditions for online transactions held to be invalid, unlawful or unenforceable by a court or competent authority will be deemed non-existent, which will not affect the validity, lawfulness and enforceability of the other provisions.

19. Evidence

The parties agree to the use of electronic evidence.

20. Complaints

Complaints are handled by our Customer Service Department (e-mail ; tel. 080 22.76.64). Calls are paid for by the customer but the EBTA does not add any further charge for handling complaints.


Appendix: Model form of cancellation

(Complete and return this form only if you wish to cancel your contract)

To East Belgium Tourist Agency VoG, Hauptstraße 54, 4780 Sankt Vith, Belgium; e-mail: ).

I/we* hereby wish to cancel the contract entered into by me/us* for purchasing the following goods:

Order on*/Received on* (day/month/year): name(s) of consumer(s):*
address(es) of consumer(s):*

Consumer’s/Consumers’ signature(s)* (if sent in paper form): date (day/month/year):

* Delete as applicable