Terms & Conditions
Article 1 – Definitions
The following terms are used in these terms and conditions:
Additional contract: a contract whereby the Buyer acquires products in connection with a distance contract and whereby these goods are delivered by the Seller or by a third party on the basis of a contract between said third party and the Seller;
Cooling-off period: the period within which the Buyer can exercise the right of withdrawal;
Day: calendar day;
Durable data carrier: any tool – including e-mail – that enables the Buyer or Seller to store information that is addressed to either of them personally and that will facilitate future consultation or use during a period appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the Buyer to terminate the distance contract within the cooling-off period;
Buyer: the natural or legal person who enters into a Distance contract with the Seller.
Seller: NAQI sport who offers the products to Buyers from a distance;
Distance contract: a contract entered into between the Seller and Buyer within the framework of an organised system for the distance sales of products, whereby one or more techniques for distance communication are used exclusively or in part up to and including entering into the contract;
Distance communication technology: a means of communication that can be used for entering into a contract without the Buyer and Seller being required to come together at the same time in the same place.
Article 2 – Identity of the Seller
NAQI Belgium nv Adress: Avenue Louise Brussels 523, 1050 Brussels, Belgium Telephone number: 02/230.20.10 available on weekdays from 8:30 AM – 12:30 PM and 1:00 PM – 6:00 PM; closed on Sundays and public holidays E-mail address: firstname.lastname@example.org Company Registration nr.: 447225626VAT number: BE 0447.225.626
Article 3 – Applicability
- These general terms and conditions apply to any offer from the Seller on the e-shop www.naqisport.com & www.naqisport.co.uk and to any Distance contract entered into between the Buyer and Seller.
- The text of these general terms and conditions shall be made available to the Buyer electronically in such a way that it can be easily stored by the Buyer on a durable data carrier. If this is not reasonably possible, information about where the general terms and conditions are available in electronic format shall be provided before the Distance contract is entered into and they shall be sent to the Buyer on request as soon as possible and without charge.
- In the event that, in addition to these general terms and conditions, specific terms and conditions are also applicable to the product and/or service, the second paragraph is applicable; in case of conflict with the general terms and conditions, the Buyer can always rely on the relevant provision that is most favourable for the Buyer.
- If an offer is of limited duration, or if certain terms and conditions apply, this shall be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the Buyer to make a good assessment. If the Seller makes use of illustrations, these will be a faithful representation of the products, services and/or digital content being offered. Obvious errors or mistakes in the offer do not bind the Seller.
- Every offer contains information clearly setting out to the Buyer the rights and obligations linked to accepting the offer.
- Subject to the provisions in Paragraph 4, the contract becomes valid when the Buyer has accepted the offer and fulfilled the terms and conditions set.
- If the Buyer accepts the offer via electronic means, the Seller shall, via electronic means, promptly confirm receipt of the offer being accepted. As long as receipt of this acceptance has not been confirmed by the Seller, the Buyer can terminate the contract.
- If the contract is created electronically, the Seller will take appropriate technical and organisational measures to protect the electronic transfer of data, and will ensure a secure web environment. If the Buyer can pay electronically, the Seller shall take the appropriate security precautions.
- The Seller may, within the limits of the law, gather information about the Buyer’s ability to fulfil the payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the grounds of this investigation, the Seller has sound reasons not to enter into the contract, the Seller is entitled, supported by reasons, to refuse an order or request, or to attach special terms and conditions to fulfilment of said contract.
- Upon delivery of the product, service and/or digital content at the latest, the Seller shall send the following information in writing or in such a way that the Buyer can store it in an accessible manner on a durable data carrier to the Buyer:
- a) the visiting address of the business location of the Seller where the Buyer can go to make a complaint;
- b) the terms and conditions under which, and the manner in which, the Buyer can exercise the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal;
- c) information about guarantees and existing service after purchase;
- d) the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; the method of payment, delivery or implementation of the distance contract;
- e) the requirements for terminating the contract if the contract has a duration of more than one year, or is of indefinite duration;
- f) the model withdrawal form in the event the Buyer has a right of withdrawal.
- In the event of a continuing performance contract, the provision described in the previous paragraph only applies to the first delivery.
- During a cooling-off period of 14 days, the Buyer can terminate a contract with regard to the purchase of a product without being required to provide any reasons. The Seller may ask the Buyer for the reason for the withdrawal, but not oblige him to state the reason(s).
- The cooling-off period referred to in Paragraph 1 starts on the day after the Buyer, or a third party designated by the Buyer in advance, who is not the carrier, has received the product, or:
- if the Buyer has ordered several products from the Seller in the same order: the day on which the Buyer, or a third party designated by him, has received the last product from the Seller. Provided the Buyer has been clearly informed about this prior to the ordering process, the Seller may refuse an order for several products with different delivery times.
- if the delivery of a product consists of several shipments or parts from the Seller: the day on which the Buyer, or a third party designated by him, received the last shipment or the last part from the Seller;
- in the case of contracts for regular delivery of products during a certain period: the day on which the Buyer or a third party designated by the Buyer has received the first product from the Seller.
- During this cooling-off period, the Buyer shall handle the product and packaging with the utmost care. The product must only be unpacked or used to the extent necessary to determine the nature, characteristics and operation of the product. The starting point is that the Buyer may only handle and inspect the product as he would be allowed to do in a shop.
- The Buyer is only liable for any diminished value of the product resulting
from handling the product in a manner that goes beyond that permitted in Paragraph 1.
Article 8 – Exercise of the right of withdrawal by the Buyer and costs thereof
- If the Buyer makes use of his right of withdrawal, he will report this to the Seller in an unambiguous manner and within the cooling-off period.
- As soon as possible, but within 14 days from the day following the notification referred to in Paragraph 1, the Buyer shall return the product or hand it over to (an authorised representative of) the Seller. This is not necessary if the Seller has offered to collect the product himself. The Buyer will in any case have complied with the return period if the product is returned before the cooling-off period has expired.
- The Buyer will return the product with all accessories supplied, in its original condition and packaging if reasonably possible, and in accordance with reasonable and clear instructions provided by the Seller. Click here
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Buyer.
- The Buyer bears the direct costs of returning the product. If the product cannot be returned by post, the costs for return shall be communicated before the purchase is entered into.
- If the Buyer exercises the right of withdrawal, all additional contracts will be dissolved by operation of law.
Consult the return document here
Article 9 – Obligations of the Seller in case of withdrawal
- If the Seller makes the Buyer’s notification of withdrawal possible by electronic means, a confirmation of receipt will be sent immediately after receipt of said notification.
- The Seller will reimburse all payments from the Buyer, including any delivery costs charged by the Seller for the returned product, without delay but within 14 days following the day on which the Buyer notifies him of the withdrawal. Unless the Seller offers to collect the product, the Seller may delay paying back until he has received the product or until the Buyer demonstrates the product has been returned, whichever is the earlier.
- The Seller uses the same payment method for reimbursement as that used by the Buyer, unless the Buyer agrees to a different method. The reimbursement is free of charge for the Buyer.
- If the Buyer has opted for a more expensive method of delivery than the cheapest standard delivery, the Seller does not have to repay the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal
The Seller can exclude the following products from the right of withdrawal, but only if the Seller has clearly stated this in the offer at least in time before entering into the contract:
- Products, the price of which is subject to fluctuations in the financial market over which the Seller has no control and which may occur during the withdrawal period;
- Products manufactured according to the Buyer’s specifications, which are not prefabricated, and that are manufactured on the basis of an individual choice or decision made by the Buyer, or which are clearly intended for a specific person;
- Products that spoil or perish quickly or have a limited shelf life;
- Sealed products that are not suitable for return due to reasons of health or hygiene, and of which the seal has been broken after delivery;
- Products that, due to their nature, are irretrievably mixed with other products after delivery;
- During the period mentioned in the offer, the prices of the products will not be increased, except for any price changes resulting from changes in VAT rates.
- In derogation from the previous paragraph, the Seller may offer variable prices for products or services for which the prices are subject to fluctuations in the financial market that are beyond the Seller’s control. Such dependence on fluctuations and the fact that any prices mentioned are indicative prices shall be stated in the offer.
- The prices described for the provision of products include VAT.
- The Seller guarantees that the products fulfil all the requirements of the contract, the specifications listed in the offer, reasonable requirements of usability and/or reliability, and the existing statutory provisions and/or government regulations on the day the contract was entered into.
- An additional guarantee provided by the Seller or supplier, importer or producer associated with the Seller never limits the legal rights and claims the Buyer can assert against the Seller on the basis of the contract if the Seller has failed to fulfil their part of the contract.
- An additional guarantee is understood to mean any obligation on the Seller, or supplier, importer or manufacturer associated with the Seller, granting the Buyer certain rights or claims that go beyond what the Seller is legally obliged to do if the Seller has failed to fulfil their part of the contract.
- The Seller shall exercise the greatest possible care in taking and fulfilling orders for products.
- The address the Buyer communicated to the Seller via the Platform serves as the delivery address.
- With due observance of the stipulations of Article 4 of these general terms and conditions, the Seller shall execute accepted orders with convenient speed, but at least within 14 days unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Buyer shall be informed of this no later than 10 days after having placed the order. In such cases, the Buyer is entitled to terminate the contract free of charge.
- After termination in accordance with the previous paragraph, the Seller shall ensure the amount paid by the Buyer is repaid without delay.
- The risk of loss and/or damage to products will be borne by the Seller until the time of delivery to the Buyer or a representative appointed in advance and made known to the Seller, unless explicitly agreed otherwise.
- Unless otherwise stipulated in the contract or additional terms and conditions, the amounts owed by the Buyer must be paid within 14 days after the start of the cooling-off period, or within 14 days after entering into the contract in the absence of a cooling-off period. In the event of a contract to provide a service, this period starts on the day after the Buyer receives confirmation of the contract.
- When selling products to Buyers, the general terms and conditions must never oblige the Buyer to pay more than 50% in advance. If payment of a deposit is agreed, the Buyer assumes no legal right to the implementation of the order or service(s) before payment of the deposit has been made.
- The Buyer is obliged to inform the Seller immediately of any inaccuracies to the payment details provided or stated.
- If the Buyer does not fulfil the payment obligation(s) on time, and after non-payment within a 14-day period after being informed by the Seller of late payment and being granted a period of 14 days to fulfil the payment obligations, the Buyer is liable for the statutory interest on the amount due, while the Seller is also entitled to charge any extra-judicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% over the next €2,500, and 5% over the next €5,000, with the minimum being €40. The Seller can deviate from the stated amounts and percentages in favour of the Buyer.
- The Seller has a sufficiently announced complaints procedure, and handles complaints in accordance with said complaints procedure. Click here
- Complaints about the execution of the contract must be submitted as a full and clear description to the Seller within a reasonable time after the Buyer has discovered the defects.
- Complaints submitted to the Seller will be responded to within a period of 14 days of receipt. Should a complaint foreseeably require a longer time for handling, the Seller shall respond with a notice of receipt within the term of 14 days and include an estimation of when the Buyer can expect a more detailed reply.
Consult the complaints document here
Article 16 – Disputes
- Only Belgian law is applicable to contracts entered into between the Seller and Buyer to which these general terms and conditions apply.
Article 17 – Additional or different provisions
Additional provisions of and/or deviations from these general terms and conditions shall not be to the Buyer’s detriment, and must be laid out in writing or recorded in such a way that the Buyer can store them in an accessible manner on a durable data carrier. DOWNLOAD HERE the terms and conditions