Terms of service
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Entrepreneur : the legal entity that offers products and/or services remotely to consumers;
2. Consumer : the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract : an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Distance communication technology : means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time;
5. Reflection period : the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
7. Day : calendar day;
8. Duration transaction : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable medium : any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Bouclé BV
Beguinage Dries 51
9000 Ghent
E-mail: hello@raincap.be
VAT number: BE 1010.747.225
RPR Ghent, Ghent department
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, 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, 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 at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. 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 properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
• the price including taxes;
• any delivery costs;
• the manner in which the agreement will be concluded and which actions before that
• whether or not the right of withdrawal applies;
• the method of payment, delivery or performance of the agreement;
• the period for accepting the offer or the period for honoring the price;
• the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the basic rate;
• if the agreement is archived after it has been concluded, in what manner this can be consulted by the consumer;
• the manner in which the consumer can become aware of actions that he does not want before concluding the agreement, as well as the manner in which he can rectify these before the agreement is concluded;
• any languages in which, in addition to Dutch, the agreement may be concluded
Closed;
• the codes of conduct to which the entrepreneur has submitted and the manner in which where the consumer can consult these codes of conduct electronically; and
• The minimum duration of the distance contract in the event of an agreement for the continuous or periodic delivery of products or services.
Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
othe visiting address of the entrepreneur's establishment where the consumer can go with complaints.
o 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;
• the information about existing after-sales service and guarantees;
• the data included in Article 4 paragraph 3 of these terms and conditions, unless the
the entrepreneur has already provided this information to the consumer before the agreement was executed;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
5. If the entrepreneur has committed himself to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons
within fourteen days. This period commences on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied 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 7 - Costs in case of revocation
1. If the consumer exercises his right of withdrawal, the costs of return shipping will be at his expense.
2. The entrepreneur shall reimburse all payments received from the consumer, including, where applicable, delivery costs, without delay and in any event within 14 days after the day on which it is informed of the consumer's decision to withdraw from the contract.
3. The entrepreneur will make the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any costs as a result of such reimbursement.
4. The additional costs resulting from the consumer's express choice to opt for a method of delivery other than the cheapest standard delivery offered by the company will not be reimbursed by the entrepreneur.
5. Unless the company has offered to collect the goods itself, the company may, in the context of sales contracts, withhold reimbursement until it has received the goods back or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
Article 8 - Exclusion of the right of withdrawal
1. 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 good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for:
• the supply or provision of goods the price of which is subject to
fluctuations in the financial market over which the company has no influence and which may occur within the withdrawal period;
• the supply of goods manufactured to the consumer's specifications or clearly intended for a specific person;
• the supply of sealed goods which are not suitable for
returned for reasons of health protection or hygiene and where the seal has been broken after delivery;
• the supply of goods which, by their nature, are irrevocably mixed after delivery with other products;
• contracts where the consumer has specifically requested the company to visit him to carry out urgent repairs or maintenance; however, if, during such a visit, the company provides additional services which the consumer has not explicitly requested, or supplies goods other than spare parts which are necessarily used to carry out the maintenance or repairs, the right of withdrawal applies to those additional services or goods;
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 due to changes in VAT rates.
2. By way of exception 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 influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
• these are the result of statutory regulations or provisions; or
• the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
1. 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 the legal provisions and/or government regulations in force on the date the agreement was concluded.
2. A guarantee arrangement offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur on the basis of the law and/or the distance contract with regard to a shortcoming in the fulfilment of the entrepreneur's obligations.
Article 11 - Delivery and execution
1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest one month after placing the order. In that case, the consumer has the right to terminate the agreement without charge, to request an equivalent replacement product, or to obtain any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered.
In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Payment
1. Unless otherwise agreed, amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after issue of the documents relating to this agreement.
2. When selling products to consumers, general terms and conditions may stipulate partial or full prepayment (during the withdrawal period). If advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 13 - Complaints procedure
1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. 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 confirmation 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 arises that is subject to the dispute resolution procedure.
5. The consumer can at any time file a complaint online with the European Commission via https://ec.europa.eu/odr/
Article 14 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Belgian law.
Article 15 - Counterfeiting
The entrepreneur always offers only products that it purchases from the original manufacturers and their wholesalers. In case of doubt about the authenticity of the products, the consumer can find more information and tips on the website https:// www.eccbelgie.be. If consumers suspect counterfeiting, they can always file a complaint with the reporting center https://meldpunt.belgie.be/meldpunt.
Article 16 - 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 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.
Article 17 - Amendment of the general terms and conditions
Changes to these terms and conditions will only come into effect after they have been published in an appropriate manner, provided that in the event of applicable changes during the term of an offer, the provision most favourable to the consumer will prevail.
Article 18 - Identity theft and credit card fraud
In order to ensure the security of your online visit, the entrepreneur works exclusively with recognized security partners. Loss or theft of your identity data is thereby limited to a minimum. The entrepreneur believes to have taken all possible and relevant precautions and therefore acts as a normal, forward-looking and careful online intermediary. Any identity theft or (financial) theft can therefore not be invoked against the entrepreneur.
