These Terms and Conditions will be used by all members of the Shop Up North.
Article 1 - Definitions
In these conditions:
Entrepreneur: the natural or legal person who is a member of Shop Up North and offers products and / or services to consumers at a distance;
Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement only one or more techniques for distance communication are used;
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Day: calendar day;
Transaction duration: a distance contract relating to a series of products and / or services, of which the supply and / or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Article 2 - Identity of the entrepreneur
Up North bvba - Nieuwstraat 80, 2440 Geel, Belgium - Telephone number: +32 14 894492 - E-mail address: firstname.lastname@example.org - VAT identification number: BE0702897632
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been concluded between the entrepreneur 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 distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can a simple way can be stored 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 consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
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 the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is most favorable to him. is.
Article 4 - The offer
If an offer has a limited period of 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 offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection 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 the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the way in which the contract will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or execution of the agreement;
- the period for accepting the offer or the period for adhering to the price;
- the level of the tariff for distance communication if the costs of using
- the distance communication technique is calculated on a different basis than the basic rate;
- if the agreement is archived after the conclusion, how it can be consulted by the consumer;
- the manner in which the consumer can get informed of the actions he does not wish to take before concluding the contract, as well as the way in which he can rectify these before the contract is concluded;
- the possible languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in case of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 - The contract
The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
With the product or service the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the branch of the entrepreneur where the consumer can go with 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 existing service after purchase and guarantees;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
If the entrepreneur has committed himself to supplying a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
When purchasing products, the consumer has the option to terminate the contract without giving any reason for a period of fourteen days. This period starts 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 packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b - Right of withdrawal upon delivery of services
When providing services, the consumer has the option of dissolving the contract without giving any reason for a period of fourteen days, starting on the day of entering into the agreement.
In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or cancellation.
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 has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
(a) which have been created by the trader in accordance with the consumer's specifications;
b) that are clearly personal in nature;
c) which by their nature can not be returned;
d) that can spoil or age quickly;
e) the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a) on accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
b) the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
c) concerning betting and lotteries.
Article 9 - The price
During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a) they are the result of legal regulations or provisions; or
b) the consumer has the authority to terminate the contract by the day on which the price increase takes effect.
The prices mentioned in the range of products or services include VAT.
Article 10 - Conformity and Guarantee
The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. / or government regulations.
An arrangement offered by the entrepreneur, manufacturer or importer as guarantee does not affect the rights and claims that the consumer can assert to the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur by virtue of the law and / or or the distance contract.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty, to request an equivalent replacement product, or to obtain any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
The risk of damage and / or loss of products rests until the moment of delivery to the consumer at the entrepreneur, unless expressly agreed otherwise.
Article 12 - Return/Refund
Under regulation of the Belgian Law on trade and the information and protection of consumers of 14 July 1991, the purchaser is allowed to inform the seller that he/she has decided not to proceed with the purchase within 14 working days of receipt of the item.
The item must be returned in its original packaging with any enclosed documentation within 3 working days after this announcement. If the product is not in its original condition we will charge a handling fee of 25 Euro
We will refund your order as soon as we have received the returned item. The shipping costs to return the item are at buyer’s charge
If the item you receive is different from the item ordered, or if it arrives damaged, please return it within 14 days of receipt. Upon receipt of the returned item, we will refund your order as well as your shipping fees. Only shipping costs for return via regular post will be refunded.
The Shop reserves the right to reject returned items or refuse a refund if the items have been damaged by the customer or if they are not returned in accordance with our Return Policy.Ordered items that are not in stock, such as tables, chairs and sofas can't be refunded as well.Sale items can't be returned or exchanged.
You will be asked to send the products back to the address below:
Shop Up North
The Shop reserves the right to reject returned items or refuse a refund if the items have been damaged by the customer or if they are not returned in accordance with our Return Policy.
Article 13 - Duration transactions
The consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
A contract that has been entered into for a definite period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as a contract for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 14 - Payment
Insofar as not later agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or in case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement.
When selling products to consumers, partial or full prepayment may be stipulated in general conditions (during the withdrawal period). If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Article 15 - Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement 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 foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints form on the consumer page of the website of Shop Up North. www.shopupnorth.be The complaint will then be sent both to the relevant entrepreneur and to Shop Up North.
If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
Article 16 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Belgian law.
Article 17 - Additional or deviating provisions
Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
Article 18 - Modification of the general conditions Shop Up North
Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that in the case of applicable changes during the term of an offer the most favorable provision for the consumer will prevail.
Article 19 - Identity theft and credit card fraud
To ensure the safety of your online visit, Shop Up North works exclusively with recognized security partners. The loss or theft of your identity data is thus reduced to a minimum. Shop Up North believes it has taken all possible and relevant precautions and acts as a normal, forward-looking and careful online intermediary. Any identity theft or (financial) theft can therefore not be invoked against Shop Up North.