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Terms and conditions

Terms and Conditions of Bean Bag Books

https://beanbagbooks.eu

Table of contents

  • Article 1 – Definitions
  • Article 2 – Identity of the business
  • Article 3 – Applicability
  • Article 4 – The offer
  • Article 5 – The agreement
  • Article 6 – Right of withdrawal
  • Article 7 – Costs in the event of withdrawal
  • Article 8 – Exclusion of the right of withdrawal
  • Article 9 – The price
  • Article 10 – Conformity and warranty
  • Article 11 – Delivery and performance
  • Article 12 – Continuing transactions: duration, termination and renewal
  • Article 13 – Payment
  • Article 14 – Complaints procedure
  • Article 15 – Disputes
  • Article 16 – Supplementary or deviating provisions

Article 1 – Definitions

For the purposes of these terms and conditions:

  1. Withdrawal period: the period during which the consumer may exercise the right of withdrawal.

  2. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession and who enters into a distance contract with the business.

  3. Day: calendar day.

  4. Continuing transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.

  5. Durable medium: any instrument that enables the consumer or the business to store information addressed personally to them in a way that allows future consultation and the unchanged reproduction of the stored information.

  6. Right of withdrawal: the possibility for the consumer to withdraw from a distance contract within the withdrawal period.

  7. Model withdrawal form: the model form for withdrawal provided by the business, which the consumer may complete when exercising their right of withdrawal.

  8. Business: the natural or legal person who offers products and/or services to consumers at a distance.

  9. Distance contract: a contract concluded within an organised distance-sales system for products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the contract.

  10. Means of distance communication: a method that can be used to conclude a contract without the consumer and the business being simultaneously present in the same place.

  11. Terms and Conditions: these Terms and Conditions of the business.

Article 2 – Identity of the business

ZitZak Media
Fosselstraat 41
1790 Affligem
Belgium

Telephone: (049) 549-4958
Email: info@zitzakmedia.be
Company registration number: [to be completed]
VAT number: BE0892134338

Article 3 – Applicability

  1. These Terms and Conditions apply to every offer made by the business and to every distance contract and order concluded between the business and the consumer.

  2. Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the business will indicate, before the distance contract is concluded, where the Terms and Conditions may be inspected and that they will be sent to the consumer free of charge as soon as possible upon request.

  3. If the distance contract is concluded electronically, and in deviation from the previous paragraph, the text of these Terms and Conditions may be made available to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the business will indicate, before the distance contract is concluded, where the Terms and Conditions can be consulted electronically and that they will be sent free of charge, electronically or by another means, upon request.

  4. If specific product or service conditions apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly. In the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to them.

  5. If one or more provisions of these Terms and Conditions are void or annulled, in whole or in part, at any time, the agreement and the remaining provisions will remain in force. The provision concerned will promptly be replaced, in consultation between the parties, by a provision that reflects the original provision as closely as possible.

  6. Situations not covered by these Terms and Conditions must be assessed in accordance with the spirit of these Terms and Conditions.

  7. Any ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions must be interpreted in accordance with the spirit of these Terms and Conditions.

Article 4 – The offer

  1. If an offer is valid for a limited period or is subject to conditions, this will be expressly stated in the offer.

  2. The offer is non-binding. The business is entitled to amend or modify the offer.

  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the business uses images, these will provide a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the business.

  4. All images, specifications and other information included in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

  5. Product images are a truthful representation of the products offered. The business cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

  6. Every offer contains sufficient information to make clear to the consumer which rights and obligations are connected with accepting the offer. This concerns, in particular:

    • the price, including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and the steps required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and performance of the agreement;
    • the period for accepting the offer or the period during which the price is guaranteed;
    • the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard rate for the communication method used;
    • whether the agreement will be archived after conclusion and, if so, how it can be consulted by the consumer;
    • how the consumer can check and, if desired, correct the information provided by them in connection with the agreement before concluding it;
    • the other languages, in addition to Dutch, in which the agreement may be concluded;
    • any codes of conduct to which the business has committed itself and how the consumer may consult those codes electronically; and
    • the minimum duration of the distance contract in the case of a continuing transaction.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfils the conditions set out therein.

  2. If the consumer accepts the offer electronically, the business will immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the business, the consumer may terminate the agreement.

  3. If the agreement is concluded electronically, the business will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure online environment. If the consumer can pay electronically, the business will take appropriate security measures.

  4. Within the limits of the law, the business may assess 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 assessment, the business has valid reasons not to enter into the agreement, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.

  5. The business will provide the consumer, with the product or service, in writing or in a form that allows the consumer to store the information accessibly on a durable medium, with the following information:

    • the visiting address of the business establishment where the consumer may submit complaints;
    • the conditions and procedure for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
    • information about warranties and existing after-sales service;
    • the information referred to in Article 4(3), unless the business has already provided this information before performing the agreement; and
    • the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

  6. In the case of a continuing transaction, the previous paragraph applies only to the first delivery.

  7. Every agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

In the case of delivery of products

  1. When purchasing products, the consumer has the right to withdraw from the agreement without giving reasons within 14 days. This withdrawal period begins on the day following receipt of the product by the consumer or by a representative previously designated by the consumer and made known to the business.

  2. During the withdrawal period, the consumer must handle the product and its packaging with care. The consumer may unpack or use the product only to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they must return the product, including all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the business.

  3. If the consumer wishes to exercise the right of withdrawal, they must notify the business within 14 days of receiving the product. The notification may be made using the model withdrawal form or by another means of communication, such as email. After notifying the business of the intention to withdraw, the consumer must return the product within 14 days. The consumer must be able to prove that the goods were returned on time, for example by providing proof of shipment.

  4. If the consumer has not notified the business of their intention to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3, or has not returned the product to the business, the purchase is final.

In the case of the provision of services

  1. When services are provided, the consumer has the right to withdraw from the agreement without giving reasons within at least 14 days, starting on the day the agreement is concluded.

  2. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the business with the offer and/or no later than upon delivery.

Article 7 – Costs in the event of withdrawal

  1. The consumer bears the direct costs of returning the product.

  2. If the consumer has paid an amount, the business will refund this amount as soon as possible and no later than 14 days after the withdrawal. The business may wait with the refund until it has received the product or until the consumer provides conclusive evidence that the product has been returned in full, whichever occurs first. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another method.

  3. If the product has been damaged as a result of careless handling by the consumer, the consumer is liable for any resulting depreciation in value.

  4. The consumer cannot be held liable for depreciation in value if the business failed to provide all legally required information about the right of withdrawal before the purchase agreement was concluded.

Article 8 – Exclusion of the right of withdrawal

  1. The business may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Such exclusion is valid only if the business has clearly stated this in the offer or, at the latest, in good time before concluding the agreement.

  2. The right of withdrawal may be excluded only for products:

    • made to the consumer's specifications or clearly personalised;
    • which, by their nature, cannot be returned;
    • which are liable to deteriorate or expire rapidly;
    • whose price depends on fluctuations in the financial market over which the business has no control;
    • consisting of individual newspapers, periodicals or magazines;
    • consisting of audio or video recordings or computer software where the seal has been broken by the consumer; or
    • consisting of sealed goods that are not suitable for return for reasons of health protection or hygiene where the seal has been broken after delivery.

  3. The right of withdrawal may be excluded only for services:

    • relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
    • where performance has begun with the consumer's express consent before the withdrawal period has expired; or
    • relating to betting and lotteries.

Article 9 – The price

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

  2. By way of exception to the previous paragraph, the business may offer products or services at variable prices if those prices are subject to fluctuations in the financial market over which the business has no control. This link to market fluctuations and the fact that any prices stated are indicative prices will be mentioned in the offer.

  3. Price increases within three months of concluding the agreement are permitted only if they result from statutory provisions or regulations.

  4. Price increases more than three months after concluding the agreement are permitted only if the business has stipulated this and:

    • the increase results from statutory provisions or regulations; or
    • the consumer has the right to terminate the agreement from the day on which the price increase takes effect.

  5. The prices stated in the offer for products or services include VAT.

  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing or typesetting errors. In the event of a printing or typesetting error, the business is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and warranty

  1. The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. Where agreed, the business also guarantees that the product is suitable for purposes other than normal use.

  2. Any warranty provided by the business, manufacturer or importer does not affect the consumer's statutory rights and claims against the business under the agreement.

  3. Any defects or incorrectly delivered products must be reported to the business in writing within two months of discovering the defect.

  4. The business's warranty period corresponds to the manufacturer's warranty period. However, the business is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding their use or application.

  5. The warranty does not apply if:

    • the consumer has repaired or modified the products themselves, or had them repaired or modified by third parties;
    • the products have been exposed to abnormal conditions or have otherwise been handled carelessly, or have been handled contrary to the instructions of the business and/or the instructions on the packaging; or
    • the defect is wholly or partly the result of statutory or governmental requirements concerning the nature or quality of the materials used.

Article 11 – Delivery and performance

  1. The business will exercise the greatest possible care when receiving and fulfilling orders for products and when assessing applications for the provision of services.

  2. The delivery address is the address provided by the consumer to the business.

  3. Subject to the provisions of paragraph 4 of this article, the business will fulfil accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can be fulfilled only partially, the consumer will be notified no later than 30 days after placing the order. In that event, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.

  4. All delivery periods are indicative. The consumer cannot derive any rights from the stated periods. Exceeding a delivery period does not entitle the consumer to compensation.

  5. If the agreement is terminated in accordance with paragraph 3 of this article, the business will refund the amount paid by the consumer as soon as possible and no later than 14 days after termination.

  6. If delivery of an ordered product proves impossible, the business will endeavour to provide a replacement item. The consumer will be informed clearly and understandably, no later than upon delivery, that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of returning a replacement item will be borne by the business.

  7. The risk of damage to and/or loss of products remains with the business until the product has been delivered to the consumer or to a representative previously designated by the consumer and made known to the business, unless expressly agreed otherwise.

Article 12 – Continuing transactions: duration, termination and renewal

Termination

  1. The consumer may terminate an agreement of indefinite duration for the regular delivery 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.

  2. The consumer may terminate an agreement concluded for a fixed period for the regular delivery of products, including electricity, or services at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.

  3. The consumer may terminate the agreements referred to in the previous paragraphs:

    • at any time, without being restricted to termination at a specific time or during a specific period;
    • at least in the same manner as the agreement was entered into; and
    • with the same notice period as that stipulated by the business for itself.

Renewal

  1. An agreement concluded for a fixed period for the regular delivery of products, including electricity, or services may not be tacitly extended or renewed for a fixed period.

  2. By way of exception to the previous paragraph, an agreement concluded for a fixed period for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.

  3. An agreement concluded for a fixed period for the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a notice period of no more than one month. The notice period may be no more than three months where the agreement concerns the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.

  4. A fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines on a trial or introductory basis will not be tacitly continued and will end automatically at the end of the trial or introductory period.

Duration

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

Article 13 – Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the withdrawal period referred to in Article 6(1) begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

  2. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the business without delay.

  3. In the event of non-payment by the consumer, the business is entitled, subject to statutory restrictions, to charge reasonable costs that were disclosed to the consumer in advance.

Article 14 – Complaints procedure

  1. The business has a sufficiently publicised complaints procedure and handles complaints in accordance with that procedure.

  2. Complaints concerning the performance of the agreement must be submitted to the business fully and clearly described within two months after the consumer has discovered the defects.

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

  4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute-resolution procedure.

  5. Consumers must first submit complaints to the business. The online store is currently not affiliated with a quality mark or dispute-resolution committee.

  6. A complaint does not suspend the business's obligations, unless the business states otherwise in writing.

  7. If the business considers a complaint to be justified, it will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Agreements between the business and the consumer to which these Terms and Conditions apply are governed exclusively by Belgian law, even if the consumer resides abroad.

  2. The United Nations Convention on Contracts for the International Sale of Goods, also known as the Vienna Sales Convention, does not apply.

Article 16 – Supplementary or deviating provisions

Supplementary provisions or provisions deviating from these Terms and Conditions may not disadvantage the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.

Important: This is a translation and not legal advice. The source text appears to contain provisions based on a consumer-terms template that may not fully reflect current Belgian consumer law. Have the final Dutch and English versions reviewed by a Belgian legal professional before publishing them.