- Application and acceptance of terms and conditions
1.1 The ordering and sale of products via losha.org is offered to you by losha, with company number BE0546.451.052 and registered office at 1700 Dilbeek Maalbeekstraat 26 (hereinafter the vendor), these general terms and conditions of sale are those of the vendor.
1.2 “Buyer” means any natural or legal person who purchases one or more products, whether or not via the webshop as well as any visitor to the webshop.
1.3 The present terms and conditions of sale apply to all sales offered on and realised via the webshop losha.org or via other agreements whether or not concluded via the webshop.
1.4 These terms and conditions apply to the exclusion of all other terms and conditions, in particular those applying to sales or rentals in the seller’s shop.
1.5 By placing an order via the webshop, the buyer declares to have taken cognisance of and accepts the terms and conditions of sale.
1.6 If one or more articles of these terms and conditions should be declared invalid by a court ruling, the remaining provisions of these terms and conditions of sale shall remain in full force and effect.
- Realisation of the agreement
2.1 A sales agreement shall only be concluded between the seller and the buyer after the orders of the (potential) buyer are explicitly accepted by the seller, who informs the buyer thereof by means of a letter of confirmation.
2.2 The sending of the confirmation letter by the seller is the moment at which the agreement is concluded.
2.3 The seller reserves the right not to accept the order or, if necessary, to dissolve the agreement without being liable to pay any compensation to the buyer, but subject to reimbursement of any sums paid.
In particular if problems have arisen in the past with the person placing the order or members of his family in the case of natural persons, as well as if problems have arisen in the past at the delivery address provided or in the case of outstanding invoices.
- Prices
3.1 The prices of the products are indicated in euros with all taxes included, except the participation in the shipping costs.
3.2 The Vendor reserves the right to change its prices at any time; nevertheless, the products are invoiced on the basis of the rates in force at the time the order is placed.
3.3 The seller cannot be held liable for (typing) errors appearing in its offers which the buyer should reasonably assume to be (typing) errors.
3.4 The price payable shall be that stated in the confirmation letter.
3.5 The seller reserves the right to change the price due after the conclusion of the agreement, for example on the basis of price changes affecting shipping costs, new taxes or (typing) errors.
3.6 If the price is increased, the buyer shall have the right to dissolve the agreement without any costs to be borne by the buyer or any obligation on the part of the seller to pay any damages.
3.7 The products remain the property of the seller until the latter has received full and final payment of the price.
- Payment
4.1 The following payment options are provided for ordering products via the webshop:
Belgium :
- Credit card: Visa, Mastercard,
- KBC/CBC Payment Button
*Belfius Direct Net
*ING Home’Pay
*iDEAL
*Giropay - Maestro
- Cash on collection
- Bank transfer
When using the above-mentioned payment systems, the buyer must of course also respect the terms and conditions, if any, of the operators concerned, and the seller is not a party in the relationship between the buyer and the operator of the payment system.
4.2 The seller undertakes to the best of its ability to guarantee the safety of the user of the web shop, but can under no circumstances be held liable for any damage caused by the use of the web shop and in particular for damage caused by third parties abusing the website or the payment system.
4.3 The seller respects the rules allowing the reimbursement of sums paid by consumers in accordance with the Law on market practices and consumer protection of 6 April 2010.
4.4 In the event that a term of payment has been stipulated and in any event 30 days after delivery, the buyer shall be liable, ipso jure and without prior notice of default , to pay default interest for late payment of 1% per month and damages of 10% with a minimum of €50.00.
- Delivery
5.1 The products will be sent to the shipping address specified at the time of the order (home address or other address).
5.2 Naturally, the seller will make every effort to deliver the products as soon as possible. However, delivery times indicated on the webshop are only indicative.
5.3 If the goods ordered are not delivered within 30 days, an additional period may be agreed between the buyer and the seller.
In the absence of an additional term, the agreement shall be dissolved by operation of law and the seller shall refund any payment received within 30 days.
- Right of withdrawal.
6.1 The right of withdrawal applies only to purchases via the webshop by natural persons or legal entities who acquire or use these products exclusively for non-professional purposes.
6.2 The Law on Market Practices and Consumer Protection of 6 April 2010 allows consumers to notify the seller that they are abandoning the sale within 14 calendar days of receiving the product.
6.3 The goods must then be returned within 14 calendar days of the buyer’s invocation of clause 6.2 at the buyer’s expense in the original, undamaged and original packaging, together with all accessories, the instructions for use and (a copy of) the invoice/delivery note to:
Losha
Maalbeekstraat 26
1700 Dilbeek
Belgium
6.4 Outside a claim under article 6.2, no products will be taken back.
6.5 At the latest 30 days after acceptance of the return, the seller will refund any sums paid, excluding the direct costs of delivery.
- Privacy
7.1 Your personal data will be stored by the seller and kept in your personal account to allow the seller to correctly carry out your transaction. Once these data are stored, your subsequent transactions will be faster.
7.2 The seller complies with the Belgian law of 8 December 1992 concerning the processing of personal data, amended by the law of 11 December 1998, which takes into account the European Directive of 24 October 1995.
This law states that the person or company collecting data must have the consent of the person whose personal data are concerned, that the data must be relevant, correct and accurate and that they must be collected for specific, clear and legal purposes. The person whose personal data is concerned must have access to it and the right to modify the information concerning him/her.
7.3 The seller undertakes not to pass on any personal information to other organisations with commercial or non-commercial purposes.
- Guarantee
8.1 The trader 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 existing on the date of the conclusion of the agreement.
- Applicable law
9.1 The sale to which the present terms and conditions of sale relate is subject to Belgian law.
9.2 In accordance with Article 624, 2°Ger.W., the parties agree that the contract is concluded in Dilbeek and that the purchase price is payable at Dilbeek Maalbeekstraat 26. Consequently, the parties agree that only the Justice of the Peace of Lennik, the Dutch-speaking Corporate Court of Brussels and the Dutch-speaking Court of First Instance of Brussels have jurisdiction (depending on the material division of jurisdiction).