Terms of service

Table of Contents

  1. Article 1: Definitions

    Article 2: Identity of the Trader

    Article 3: Scope of Application

    Article 4: The Offer

    Article 5: The Agreement

    Article 6: Right of Withdrawal

    Article 7: Costs in Case 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: Duration Transactions: Term, Termination and Renewal

    Article 13: Payment

    Article 14: Complaints Procedure

    Article 15: Disputes

    Article 16: Additional or Deviating Provisions

Article 1: Definitions

In these terms and conditions the following definitions apply:

  • Cooling-off period: the time in which the consumer may use their right of withdrawal.

  • Consumer: a natural person acting outside their trade or profession who enters a distance contract with the trader.

  • Day: calendar day.

  • Duration transaction: a distance contract for a series of products and/or services delivered or taken up over time.

  • Durable medium: any means that allows the consumer or trader to store information addressed personally to them in a way that permits future consultation and unchanged reproduction.

  • Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period.

  • Model form: the model withdrawal form the trader provides for a consumer to complete when exercising the right of withdrawal.

  • Trader: the natural or legal person offering products and/or services at a distance to consumers.

  • Distance contract: a contract concluded within a system organised by the trader for distance sale of products and/or services, up to and including conclusion of the contract, using exclusively one or more means of distance communication.

  • Means of distance communication: any means that can be used to conclude a contract without consumer and trader being physically present in the same place.

  • Terms and Conditions: these Terms and Conditions of the trader.

Article 2: Identity of the Trader

Buro Imagin BV
Heide 9
9520 Bavegem
Belgium
Email: kenny@buro-imagin.be
Telephone: +32 476 620 874

Article 3: Scope of Application

  1. These terms and conditions apply to every offer by the trader and every distance contract and order between trader and consumer.

  2. Before a distance contract is concluded, the consumer is given access to the text of these terms and conditions. If that is not reasonably possible, the consumer is informed that the terms and conditions may be inspected at the trader’s premises and will be sent free of charge on request.

  3. If the distance contract is concluded electronically, the terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable medium. If that is not reasonably possible, the consumer is informed where they may view the terms and conditions electronically and that they will be sent free of charge on request.

  4. If specific product or service terms also apply, the second and third paragraphs apply accordingly. In case of conflict, the consumer may rely on the provision most favourable to them.

  5. Should any provision of these terms and conditions be wholly or partly void or annulled, the remaining provisions remain in force. Parties will replace the void or annulled provision without delay by a provision approximating its purport.

  6. Situations not covered by these terms and conditions are to be judged ‘in the spirit’ of these terms and conditions.

  7. Any ambiguity in the interpretation of one or more provisions of these terms and conditions must be interpreted ‘in the spirit’ of these terms and conditions.

Article 4: The Offer

  1. If an offer has a limited validity or is subject to conditions, this will be stated clearly in the offer.

  2. The trader may change or adapt the offer.

  3. The offer contains a complete and accurate description of the products and/or services. This description is detailed enough to allow the consumer to assess the offer properly. Illustrations are a faithful representation of the products and/or services. Obvious errors or mistakes in the offer do not bind the trader.

  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or contract termination.

  5. Images are a faithful representation. The trader cannot guarantee that displayed colours exactly match real product colours.

  6. Each offer states clearly:

    • the price including taxes

    • any shipping costs

    • how the contract is formed and what actions are needed

    • whether the right of withdrawal applies

    • payment, delivery and performance methods

    • how long the offer remains valid or how long the trader guarantees the price

    • the rate for distance communication if it differs from the basic rate

    • whether the contract will be archived and how the consumer can consult it

    • how the consumer can check and correct data provided before concluding the contract

    • other languages in which the contract can be concluded

    • codes of conduct the trader follows and how the consumer can view these electronically

    • the minimum duration of a distance contract

    • available sizes, colours and types

Article 5: The Agreement

  1. The agreement is formed, subject to Article 4, at the moment the consumer accepts the offer and meets any conditions.

  2. If the consumer accepts the offer electronically, the trader will confirm receipt without delay. Until that confirmation, the consumer may dissolve the contract.

  3. If the agreement is formed electronically, the trader takes appropriate technical and organisational measures to secure electronic data transfer and ensure a safe web environment. If electronic payment is possible, the trader takes suitable security measures.

  4. The trader may, within legal limits, check whether the consumer can meet payment obligations and other factors relevant to a responsible contract. If the trader has good grounds not to proceed, they may refuse an order or attach special conditions.

  5. Upon delivery of a product or service, the trader provides the consumer in writing or on a durable medium with:

    • the trader’s business address for complaints

    • how to exercise the right of withdrawal or a clear statement if the right is excluded

    • warranty and after-sales service details

    • the information listed in Article 4 paragraph 6, unless already provided before performance

    • how to terminate the contract if it lasts over one year or indefinitely

  6. For duration transactions, the previous paragraph applies only to the first delivery.

  7. Every agreement is subject to the suspensive condition of product availability.

Article 6: Right of Withdrawal

For Products

  1. When buying products, the consumer may cancel the agreement without reason within 14 calendar days. This period starts the day after the consumer or their authorised representative receives the product.

  2. During the cooling-off period, the consumer handles the product and its packaging carefully. They may only unpack or use the product as needed to assess whether they wish to keep it.

  3. To use the right of withdrawal, the consumer must inform the trader within 14 days of receiving the product, using the model form. After notice of withdrawal, the consumer must return the product within 14 days in its original condition and packaging, with all accessories, following the trader’s clear instructions. The consumer must prove the product was returned in time, for example by a shipping receipt.

  4. If the consumer does not notify and return the product within the periods above, the purchase is final.

For Services

  1. For services, the consumer may cancel the contract without reason within at least 14 days starting the day the agreement is concluded.

  2. To exercise the right of withdrawal, the consumer follows the trader’s clear instructions provided with the offer or at the latest at delivery.

Article 7: Costs in Case of Withdrawal

  1. If the consumer exercises the right of withdrawal, return costs are borne by the consumer.

  2. Any paid amount will be refunded by the trader as soon as possible, and at latest within 14 days after withdrawal, provided the product is received or proof of return is shown. Refunds use the original payment method unless the consumer consents to another method.

  3. The consumer is liable for any diminished value of the product resulting from handling beyond what is needed to assess it.

  4. The consumer is not liable for diminished value if the trader failed to provide all legally required information about the right of withdrawal before concluding the contract.

Article 8: Exclusion of the Right of Withdrawal

  1. The trader may exclude the consumer’s right of withdrawal for certain products or services if clearly stated in the offer before the agreement is concluded.

  2. Exclusion applies only for products:

    • made to consumer specifications

    • clearly personal in nature

    • that cannot be returned for hygiene reasons once unsealed

    • that spoil or age quickly

    • with prices tied to financial market fluctuations beyond the trader’s control

    • for newspapers and magazines

    • for audio, video and software once unsealed

  3. Exclusion applies only for services:

    • related to leisure activities at a specific date or period

    • started with the consumer’s express consent before the cooling-off period ends

    • related to betting

Article 9: The Price

  1. Prices in the offer remain valid during the stated validity period, except for VAT changes.

  2. Prices linked to financial market fluctuations may be variable; the offer states that these are indicative.

  3. Price increases within three months of contract formation are only allowed if due to legal changes.

  4. Price increases after three months are only allowed if agreed and if they result from legal changes or the consumer may terminate from the date the increase applies.

  5. All prices include taxes.

  6. All prices are subject to printing errors. The trader is not obliged to supply at an incorrect price.

Article 10: Conformity and Warranty

  1. The trader guarantees that products and services conform to the agreement, offer specifications, reasonable quality and fitness for use, and applicable laws and regulations at contract formation. If agreed, the trader also guarantees fitness for non-standard use.

  2. Any manufacturer or importer warranty does not limit the consumer’s legal rights against the trader.

  3. Complaints about defects or incorrect products must be reported in writing within four weeks of delivery. Returns must be in original packaging and condition.

  4. The trader’s warranty period matches the factory warranty. The trader is not responsible for product suitability in each individual use or for usage advice.

  5. Warranty does not apply if:

    • the consumer repaired or modified the product themselves or via a third party

    • the product was exposed to abnormal conditions or misused contrary to instructions

    • defects result from government regulations on materials

Article 11: Delivery and Performance

  1. The trader handles orders and requests for services with utmost care.

  2. Delivery takes place at the address provided by the consumer.

  3. Accepted orders are performed promptly and at latest within 30 days, unless a longer term is agreed. If delivery is delayed or incomplete, the consumer is informed no later than 30 days after ordering and may cancel without cost. No right to compensation arises.

  4. Delivery times are indicative and do not grant rights to compensation.

  5. On cancellation under paragraph 3, paid amounts are refunded within 14 days.

  6. If delivery is impossible, the trader will seek a replacement product. The consumer will be informed clearly at delivery. The right of withdrawal applies to replacement items. Return costs are borne by the trader.

  7. Risk of damage or loss rests with the trader until delivery to the consumer or their authorised representative, unless agreed otherwise.

Article 12: Duration Transactions: Term, Termination and Renewal

Termination

  1. The consumer may terminate an indefinite contract for regular delivery of products or services at any time, observing agreed termination rules and a notice period of at most one month.

  2. The consumer may terminate a fixed-term contract for regular delivery of products or services at any time before term end, observing agreed rules and a notice period of at most one month.

  3. The consumer may:

    • terminate at any time and not be limited to certain dates

    • terminate in the same way as they entered the contract

    • use the same notice period as the trader

Renewal

  1. A fixed-term contract for regular delivery of products or services may not be renewed silently for a fixed term.

  2. Exception: a fixed-term contract for newspapers and magazines may renew silently for up to three months if terminable by the consumer at notice of at most one month.

  3. A fixed-term contract for products or services may renew silently for an indefinite term only if the consumer may terminate at any time with a notice period of at most one month, and with a notice period of at most three months for periodic deliveries less than once per month of newspapers and magazines.

  4. A trial subscription for newspapers and magazines does not renew silently and ends automatically at trial end.

Duration

If a contract lasts over one year, the consumer may terminate at any time after one year with a notice period of at most one month, unless fairness prevents termination before agreed end.

Article 13: Payment

  1. Unless agreed otherwise, amounts due must be paid within seven days after the cooling-off period begins (Article 6, paragraph 1). For a service contract, the period starts after the consumer receives confirmation.

  2. The consumer must report any errors in payment details without delay.

  3. On consumer default, the trader may charge reasonable costs notified in advance, subject to legal limits.

Article 14: Complaints Procedure

  1. The trader has a well-publicised complaints procedure and handles complaints accordingly.

  2. Complaints about contract performance must be submitted in full and clearly within seven days of discovering defects.

  3. Complaints are answered within 14 days of receipt. If more time is needed, the trader acknowledges receipt within 14 days and indicates when a full answer is expected.

  4. If a complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the disputes procedure.

  5. A complaint does not suspend the trader’s obligations unless the trader states otherwise in writing.

  6. If a complaint is upheld, the trader will either replace or repair the products free of charge.

Article 15: Disputes

Agreements between trader and consumer are governed exclusively by Belgian law, even if the consumer lives abroad. The Vienna Sales Convention does not apply.

Article 16: Additional or Deviating Provisions

Additional or deviating provisions may not disadvantage the consumer and must be recorded in writing or in a way the consumer can store on a durable medium.