These Terms and Conditions of Labelstudio were created in consultation with a Consumer Organization and take effect June 1, 2014
Table of Contents:
- Article 1 - Definitions
- Article 2 - Identity of the entrepreneur
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The agreement
- Article 6 - Right of withdrawal
- Article 7 - Obligations of the consumer during the withdrawal period
- Article 8 - Exercise of the right of withdrawal by the consumer and its costs
- Article 9 - Obligations of the trader upon withdrawal
- Article 10 - Exclusion of the right of withdrawal
- Article 11 - The price
- Article 12 - Performance and additional warranty
- Article 13 - Delivery and performance
- Article 14 - Duration transactions: duration, termination and renewal
- Article 15 - Payment
- Article 16 - Complaints
- Article 17 - Disputes
- Article 18 - Industry guarantee
- Article 19 - Additional or different provisions
- Article 20 - Modification of the general terms and conditions Webshop Trustmark
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Ancillary contract: a contract in which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Grace period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuous contract: a contract for the regular supply of goods, services and/or digital content for a specified period of time;
7. Durable medium: any device - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the information stored;
8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of Webshop Trustmark and offers products, (access to) digital content and/or services to consumers from a distance;
10. Distance contract: an agreement concluded between the Entrepreneur and the Consumer within the framework of an organized system for the distance sale of products, digital content and/or services, under which, up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;
Article 2 - Identity of the entrepreneur
Name of entrepreneur : Labelstudio CommV.
Business address: Rommersheide K, 15 at 2960 Brecht, Belgium
+32 497 42 05 42 (every business day between 9 a.m. and 2 p.m.)
E-mail address: info@labelstudio.be
Company number; 546 744 755
VAT identification number; 0546 744 755
If the entrepreneur's activity is subject to a relevant licensing regime: the
details of the supervisory authority;
If the entrepreneur is engaged in a regulated profession:
- the professional association or organization to which he belongs;
- the professional title, the place in the EU or the European Economic Area where it was granted;
- a reference to the professional rules applicable in Belgium and indications of where and how these professional rules can be accessed.
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and 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, before the distance contract is concluded, the entrepreneur will indicate in what way the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge 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 it can be stored by the consumer in a simple manner 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 inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable 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, 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, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information, that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.
Article 5 - The agreement
1. The agreement, subject to the provisions of paragraph 4, comes into effect at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur shall, no later than at the delivery of the product, service or digital content to the consumer, 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 data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear notification about the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method 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 form for withdrawal.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer may dissolve a contract relating to the purchase of a product during a reflection period of at least 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a. if the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
c. for contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content not supplied on a tangible medium:
3. The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for diminished value of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
3. The consumer is not liable for diminished value of the product if the entrepreneur did not provide him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous way.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not notified the consumer that the consumer must bear these costs or if the trader indicates that the consumer will bear the costs himself, the consumer does not have to bear the cost of return.
6. If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity begins during the withdrawal period, the consumer shall owe the entrepreneur an amount proportional to that part of the commitment fulfilled by the entrepreneur at the time of revocation, compared to the full fulfillment of the commitment.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or to supply district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal or the model form for withdrawal, or;
b. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the withdrawal period.
8. The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. prior to its delivery, he has not expressly agreed to begin performance of the contract before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the trader has failed to confirm this statement by the consumer.
9. If the consumer exercises his right of withdrawal, all ancillary contracts are dissolved by operation of law.
Article 9 - Obligations of the trader upon withdrawal
1. If the trader enables the consumer's notification of withdrawal by electronic means, he shall send an acknowledgement of receipt without delay upon receipt of this notification.
2. The entrepreneur reimburses all payments from 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 him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
3. For reimbursement, the entrepreneur uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur stated this clearly when making the offer, or at least in good time before concluding the contract:
1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Contracts concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the entrepreneur to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. performance has begun with the consumer's express prior consent; and
b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transportation of goods, car rental services and catering;
5. Contracts relating to leisure activities, if a specific date or period of performance thereof is provided for in the contract;
6. Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products which, after delivery, have been irrevocably mixed with other products due to their nature;
10. Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no control;
11. Sealed audio, video recordings and computer software, the seal of which is broken after delivery;
12. Newspapers, magazines or periodicals, excluding subscriptions to them;
13. The provision of digital content other than on a tangible medium, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
14. Products that are personalized, designed specifically for and by the consumer.
Article 11 - The Price
1. During the validity period 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. Notwithstanding the previous paragraph, the entrepreneur can 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 link to fluctuations and the fact that any prices quoted are target prices shall be stated with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
a. they are the result of legal 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.
5. The prices mentioned in the offer of products or services include VAT.
Article 12 - Fulfillment of agreement and additional warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. Extra warranty means any commitment by the entrepreneur, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what the consumer is legally obliged to do in the event that it has failed to fulfill its part of the agreement.
Article 13 - Delivery and performance
1. The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be informed about this within 30 days after the order was placed. In that case the consumer has the right to dissolve the agreement without cost and the right to possible compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid without delay.
5. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless explicitly agreed otherwise.
Article 14 - Duration transactions: duration, termination and renewal
Cancellation:
1. The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of not more than one month.
2. The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term in accordance with the applicable termination rules and a notice period of up to one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:
- terminate at any time and not be limited to termination at a specific time or in a specific period;
- terminate at least in the same way as they were entered into by him;
- always terminate with the same notice as the entrepreneur has stipulated for himself.
Renewal:
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period of not more than one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate it at any time with a notice period not exceeding one month. The notice period shall not exceed three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A contract with a limited duration for the regular supply of trial days, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and terminates automatically at the end of the trial or introductory period.
Duration:
8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period of not more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 - Payment
1. Unless otherwise provided 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 an agreement to provide a service, this period begins on the day after the consumer receives confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated prepayment has taken place.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
4. If the consumer does not timely fulfill his payment obligation(s), he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the non-payment within this 14-day period, over the outstanding amount the legal interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The entrepreneur can deviate from these amounts and percentages for the benefit of the consumer.
Article 16 - Complaints procedure
1. The entrepreneur shall have a sufficiently publicized complaints procedure and shall handle complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the website of Webshop Trustmark (www.webshoptrustmark.be). The complaint will then be sent both to the entrepreneur in question and to Webshop Trustmark.
5. If the complaint cannot be solved by mutual agreement within a reasonable period of time or within 3 months after the complaint has been submitted a dispute arises which is subject to the dispute settlement rules.
Article 17 - Disputes
1. Contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Belgian law.
2. Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements relating to products and services to be delivered or supplied by this entrepreneur, may, subject to the following provisions, be submitted to the court by both the consumer and the entrepreneur,
Article 18 - Additional or different 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.
Article 19 - Amendment of the General Terms and Conditions Webshop Trustmark
1. Amendments to these terms and conditions are effective only after they have been published in an appropriate manner, provided that, in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.
Address Webshop Trustmark:
Willemsparkweg 193, 1071 HA Amsterdam, the Netherlands
Annex I: Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To: [ name of entrepreneur]
[ geographic address entrepreneur]
[ fax number entrepreneur, if available]
[ e-mail address or electronic address of entrepreneur]
- I/We* hereby inform/share* with you, that I/We* have accepted our agreement regarding
the sale of the following products: [product designation]*
the provision of the following digital content: [digital content designation]*
the provision of the following service: [designation service]*,
revoke/revoke*
- Ordered on*/received on* [date of order for services or receipt for products]
- [Name of consumer(s)]
- [Consumer(s) address]
- [Signature consumer(s)] (only if this form is submitted on paper)
* Cross out what does not apply or fill in what is applicable.
