Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;

Cooling-off period: the period within which the consumer may exercise the right of withdrawal;

Consumer: a natural person who is not acting for purposes related to his trade, business, craft or profession;

Day: calendar day;

Digital content: data produced and supplied in digital form;

Continuous contract: a contract that provides for the regular delivery of goods, services and/or digital content over a certain period;

Durable data carrier: any medium – including e-mail – that enables the consumer or trader to store information addressed personally to them in a way that makes future consultation or use possible for a period adequate to the purpose of the information and which allows the unchanged reproduction of the stored information;

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;

Distance contract: a contract concluded between the trader 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, one or more means of distance communication are used exclusively or partly;

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 with respect to his order;

Means of distance communication: a means that can be used for concluding a contract without the consumer and the trader being simultaneously present in the same room.

Article 2 – Identity of the trader

Stadheide 23 BUS 0.10,
3500 Hasselt
info@iamklean.com

BE 0458 547 704

Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, contrary to the previous paragraph, the text of these general terms and conditions may 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, the trader shall indicate before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon the consumer’s request.

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 accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision most favorable to them.

Article 4 – The offer

If an offer is subject to a limited period of validity or is made subject to conditions, this shall 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 the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the trader.

Each offer contains information that clearly indicates to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the applicable conditions.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.

Within legal boundaries, the trader may obtain information on whether the consumer is able to meet their payment obligations, as well as on all those facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to conclude the contract, the trader is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.

No later than upon delivery of the product, service, or digital content, the trader shall provide the consumer, in writing or in such a way that the consumer can store it on a durable data carrier, with the following information:

a. the visiting address of the trader’s business where the consumer can file 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. information on warranties and existing after-sales services;

d. the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the manner of payment, delivery, or performance of the distance contract;

e. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;

f. if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

The consumer may dissolve an agreement regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but may not require them to state it.

The cooling-off period referred to in paragraph 1 shall start on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

a. if the consumer ordered several products in one order: the day on which the consumer, or a designated third party, receives the last product. The trader may, provided the consumer was clearly informed prior to the ordering process, refuse an order of multiple products with different delivery times;

b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a designated third party, has received the last shipment or part;

c. for contracts providing for the regular delivery of products during a certain period: the day on which the consumer, or a designated third party, receives the first product.

For services and digital content not supplied on a tangible medium:

The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium within at least 14 days without giving any reason. The trader may ask for the reason for withdrawal but may not oblige the consumer to give one.

The cooling-off period referred to in paragraph 3 shall start on the day following the conclusion of the contract.

Extended cooling-off period in case of failure to inform the consumer of the right of withdrawal:

If the trader has not provided the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original period determined in accordance with the previous paragraphs.

If the trader provides the information within 12 months after the start date of the original cooling-off period, the period will expire 14 days after the day the consumer receives that information.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall unpack or use the product only to the extent necessary to establish the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a shop.

The consumer shall be liable only for any decrease in value of the product resulting from handling the product beyond what is permitted under paragraph 1.

The consumer shall not be liable for any decrease in value of the product if the trader has not provided all legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises the right of withdrawal, they shall notify the trader within the cooling-off period by means of the model withdrawal form or by another unequivocal statement.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the trader (or a representative authorized by the trader). This is not required if the trader has offered to collect the product himself. The consumer shall have observed the return period if the product is sent back before the cooling-off period has expired.

The consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

The consumer shall bear the direct costs of returning the product unless the trader has failed to inform them that these costs must be borne by the consumer, or if the trader has stated that he will bear the costs himself.

If the consumer withdraws after having explicitly requested that the performance of the service or the supply of gas, water, or electricity not ready for sale in a limited volume or quantity begin during the cooling-off period, the consumer shall owe the trader an amount proportionate to that part of the obligation fulfilled by the trader at the time of withdrawal, compared to full performance of the obligation.

The consumer shall not bear costs for the performance of services or the supply of water, gas, or electricity not ready for sale in a limited volume or quantity, or for the supply of district heating, if:

a. the trader has not provided the legally required information about the right of withdrawal, reimbursement of costs upon withdrawal, or the model withdrawal form; or

b. the consumer has not expressly requested the commencement of performance during the cooling-off period.

The consumer shall not bear costs for the full or partial delivery of digital content not supplied on a tangible medium if:

a. they have not expressly consented to begin performance before the end of the cooling-off period;

b. they have not acknowledged losing their right of withdrawal upon giving consent; or

c. the trader has failed to confirm this declaration of the consumer.

If the consumer exercises the right of withdrawal, any supplementary contracts are automatically terminated.

Article 9 – Obligations of the trader in case of withdrawal

If the trader enables electronic notification of withdrawal by the consumer, the trader shall promptly send an acknowledgment of receipt upon receiving such notification.

The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and within 14 days after the day on which the consumer notified him of the withdrawal. Unless the trader offers to collect the product himself, he may withhold reimbursement until he has received the product or until the consumer has provided proof of having returned it, whichever occurs first.

The trader shall use the same means of payment that the consumer used for the refund, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.

If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader shall not be required to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if this has been clearly stated in the offer or, at least, prior to the conclusion of the contract:

• Products or services whose price depends on fluctuations in the financial market beyond the trader’s control that may occur within the withdrawal period;
• Contracts concluded at a public auction. A public auction means a sales method whereby products, digital content, and/or services are offered by the trader to the consumer who is personally present or has the opportunity to be personally present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
• Service contracts after full performance of the service, but only if:
   a. performance has begun with the consumer’s explicit prior consent; and
   b. the consumer has declared that they lose their right of withdrawal once the trader has fully performed the contract;
• Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
• Service contracts for the provision of accommodation where a specific date or period of performance is provided and which are not for residential purposes, goods transport, car rental, or catering;
• Contracts relating to leisure activities where a specific date or period of performance is provided in the contract;
• Products made to the consumer’s specifications, which are not prefabricated and are produced based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
• Products that spoil quickly or have a limited shelf life;
• Sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery;
• Products which, after delivery, by their nature are inseparably mixed with other items;
• Alcoholic beverages whose price was agreed upon at the time of conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the trader’s control;
• Sealed audio or video recordings and computer software whose seal has been broken after delivery;
• Newspapers, periodicals, or magazines, except for subscriptions;
• The supply of digital content other than on a tangible medium, but only if:
   a. performance has begun with the consumer’s explicit prior consent; and
   b. the consumer has declared that, by giving consent, they lose their right of withdrawal.

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependence on fluctuations and the fact that any listed prices are guide prices shall be stated in the offer.

Price increases within three months after the conclusion of the contract are permitted only if they result from statutory regulations or provisions.

Price increases from three months after the conclusion of the contract are permitted only if the trader has stipulated this and:

a. they result from statutory regulations or provisions; or

b. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.

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

Article 12 – Performance of the agreement and additional guarantee

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations in force on the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.

An additional guarantee provided by the trader, its supplier, manufacturer, or importer shall never limit the legal rights and claims the consumer can assert against the trader under the contract if the trader has failed to fulfill its part of the agreement.

Additional guarantee means any undertaking by the trader, its supplier, importer, or manufacturer that grants the consumer certain rights or claims that go beyond what is legally required in the event that the trader has failed to fulfill its obligations under the contract.

Article 13 – Delivery and performance

The trader shall exercise the utmost care in receiving and fulfilling orders for products and in assessing applications for the provision of services.

The place of delivery is deemed to be the address that the consumer has made known to the trader.

Subject to what is stated in Article 4 of these general terms and conditions, the trader shall execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost and is entitled to possible compensation.

After termination in accordance with the previous paragraph, the trader shall immediately refund the amount that the consumer has paid.

The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 – Continuous transactions: duration, termination, and renewal

Termination:

The consumer may terminate a contract that was concluded for an indefinite period and that provides for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract that provides for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may:

• terminate the agreements referred to in the previous paragraphs at any time and not be restricted to termination at a specific time or during a specific period;
• terminate them in the same manner as they were entered into;
• always terminate them with the same notice period as the trader has stipulated for itself.
  

Renewal:

A fixed-term contract that provides for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Contrary to the previous paragraph, a fixed-term contract that provides for the regular supply of daily or weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer may terminate this extended contract at the end of the extension with a notice period of no more than one month.

A fixed-term contract that provides for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period shall be no more than three months if the contract provides for regular, but less than monthly, delivery of daily, news, or weekly newspapers and magazines.

A limited-duration contract for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) shall not be tacitly continued and shall end automatically after the trial or introductory period.

Duration:

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise specified in the contract or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or if there is no cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period starts on the day after the consumer receives confirmation of the contract.

When selling products to consumers, the consumer may never be required, by general terms and conditions, to make an advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot claim any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.

The consumer has the obligation to promptly report inaccuracies in provided or stated payment details to the trader.

If the consumer fails to meet their payment obligation(s) on time, and after being reminded by the trader of the late payment, and given a period of 14 days to meet their payment obligations, the consumer remains in default after failing to pay within this 14-day period. The consumer shall then owe statutory interest on the outstanding amount, and the trader shall be entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of 15% of 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 trader may deviate from these amounts and percentages to the consumer’s benefit.

Article 16 – Complaints procedure

The trader shall have a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this complaints procedure.

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

Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.

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

Article 17 – Disputes

Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Belgian law. Belgian law applies, excluding the Belgian conflict-of-law rules from Belgian private international law. In the event of disputes, only the courts of Hasselt shall have jurisdiction.

Article 18 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer on a durable data carrier in an accessible manner.