Terms and conditions

Table of Contents:

  1. Definitions

  2. Identity of the Entrepreneur

  3. Applicability

  4. The Offer

  5. The Agreement

  6. Right of Withdrawal

  7. Obligations of the Consumer During the Reflection Period

  8. Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

  9. Obligations of the Entrepreneur in Case of Withdrawal

  10. The Price

  11. Performance of the Agreement and Additional Guarantee

  12. Delivery and Execution

  13. Payment

  14. Complaints Procedure

  15. Disputes

  16. Additional Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Additional Agreement : An agreement whereby the consumer acquires products in connection with a distance contract, and these goods are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.

  • Reflection Period : The period within which the consumer can exercise their right of withdrawal.

  • Consumer : The natural person who is not acting for purposes related to their trade, business, craft, or profession.

  • Day : Calendar day.

  • Durable Data Carrier : Any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information.

  • Right of Withdrawal : The possibility for the consumer to withdraw from the distance contract within the reflection period.

  • Entrepreneur : The legal entity as referred to in Article 2 who offers products, (access to) digital content, and/or services to consumers at a distance.

  • Distance Contract : A contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the contract, exclusive or partial use is made of one or more techniques for distance communication.

  • Model Withdrawal Form : The European model withdrawal form included in Annex I of these terms and conditions; Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order.

  • Technique for Distance Communication : Means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously in the same space.

Article 2 – Identity of the Entrepreneur

  • Name of Entrepreneur : Zenox sportwear

  • Trading Under the Name : Xeno Janssens

  • Registered Address : Velodreef 76, 2910 Essen

  • Email Address : Zenoxsportwear@outlook.com

  • VAT Number : BE1022.597.061

  • IBAN : BE83 7310 6731 2315

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. Minor color deviations due to the use of digital images and photos by the entrepreneur are, if reasonable, not at the entrepreneur's expense and risk.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  • The visiting address of the entrepreneur's establishment where the consumer can lodge complaints;

  • 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;

  • Information about guarantees and existing after-sales service;

  • The price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;

  • If the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of Withdrawal

The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige them to state their reason(s).

The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received 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 them, has received the last product. The entrepreneur may, provided they have clearly informed the consumer about this prior to the ordering process, refuse an order of 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 them, has received the last shipment or the last part;

  • In the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires 12 months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.

If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within 12 months after the start date of the original reflection period, the reflection period expires 14 days after the day the consumer received that information.

Article 7 – Obligations of the Consumer During the Reflection Period

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.

Products must not be used or worn by the consumer.

The consumer is liable for any depreciation of the product resulting from handling the product beyond what is permitted in paragraph 1.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unequivocal manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period if they return the product before the reflection period has expired.

The consumer must return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance 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 lie with the consumer.

The consumer bears the direct costs of returning the product unless the entrepreneur has explicitly stated that they will bear these costs.

If the consumer exercises their right of withdrawal, all additional agreements are automatically dissolved.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

If the entrepreneur enables the consumer to notify withdrawal electronically, they will send an acknowledgment of receipt immediately after receiving this notification.

The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursement until they have received the product or until the consumer proves that they have returned the product, whichever comes first.

The entrepreneur will use the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – The Price

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This link to fluctuations and the fact that any listed prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. they result from statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

All prices mentioned in the offer of products or services include VAT.

Article 11 – Performance of the Agreement and Additional Guarantee

The entrepreneur guarantees 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 on the date of the conclusion of the agreement, the existing legal provisions and/or government regulations.

An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.

An additional guarantee is understood to mean any obligation of the entrepreneur, its supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case of failure to fulfill their part of the agreement.

Article 12 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders of products.

The place of delivery is the address that the consumer has made known to the entrepreneur.

Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed about this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs.

After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and announced representative, unless expressly agreed otherwise.

Article 13 – Payment

Unless otherwise stated in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement.

In the case of the sale of products to consumers, the general terms and conditions may never oblige the consumer to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

If the consumer does not fulfill their payment obligation(s) in time, after being notified by the entrepreneur of the late payment and being given a period of 14 days to still fulfill their payment obligations, the consumer owes statutory interest on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages to the benefit of the consumer.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to dispute resolution.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Belgian law.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general 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 data carrier.