GENERAL TERMS AND CONDITIONS – GLWMax Webshop
2 Identity of the Company
4 The offer on the Website
5 The formation of the Agreement
7 Right of withdrawal
8 Obligations of the Customer-Consumer during the Withdrawal Period
9 Exercise of the right of withdrawal by the Customer-Consumer and costs thereof
10 Obligations of the Company in the event of withdrawal
12 Legal guarantee – conformity of the Products
13 Delivery and performance – retention of title
15 Use of the Products
16 Processing of personal data – Cookies
18 Intellectual property
19 Complaints procedure
21 Customer service – contact details
In these general terms and conditions, the following terms shall have the following meanings:
“Cooling-off period“: the period during which the Customer, as a consumer, can make use of his right of withdrawal;
“Day” means calendar day;
“Digital content” means data produced and delivered in digital form;
“Durable data carrier” means any tool – including e-mail – that enables the Customer or Company to store information addressed personally to it 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 the unchanged reproduction of the stored information;
“Right of Withdrawal” means the possibility for the Customer-Consumer to withdraw from the Distance Contract within the cooling-off period;
“Customer“: the natural person (not acting for purposes related to his trade, business, craft or profession (consumer)) or the legal person who places an order on the Website and/or concludes a remote agreement or contract with GLWMax;
“Customer-Consumer” means the Customer who is (solely) a consumer;
“Model withdrawal form” means the European model withdrawal form set out in Annex I to these general terms and conditions;
“Distance contract” or “Agreement“: an agreement concluded between GLWMax and the Customer within the framework of an organised system for the distance selling of products (as well as digital content and/or services, if applicable), whereby, up to and including the moment at which the agreement is concluded, sole or joint use is made of one or more techniques for distance communication;
“Products“: the products as found and described on the Website, in particular the “Emotional Tornado – Visual emotional skills cards”, which are card packs of 40 cards aimed at improving the emotional skills of children;
“Technique for remote communication“: means that can be used for the conclusion of an Agreement, without the Customer and the Company having to be physically together in the same room at the same time.
2 IDENTITY OF THE COMPANY
2.1 The website / web shop, available at https://shop.glwmax. com (hereinafter: the “Website“), is operated by Mr Andy VAN HOOREBEKE, with registered office located at 9950 Lievegem, Lageblik 5 (Belgium), and with enterprise number 0600.820.176, trading under the trade name “GLWMax” (hereinafter also: the “Company”).
2.2 Information and data of the Company:
Legal form: Sole proprietorship
Trade name: GLWMax
Location and visiting address:
Phone number: 0494586123.
3.1 These general terms and conditions apply to every offer made by GLWMax and to every distance agreement concluded between GLWMax and the Customer.
3.2 Each transaction via the Website, including orders and purchases, implies the explicit, unconditional and irrevocable acceptance, without any reservation, of these general terms and conditions by the Customer, who is deemed to be familiar with these general terms and conditions. These general terms and conditions constitute the entire agreement between GLWMax and the Customer with respect to the object to which they relate, and replace any prior verbal or written agreement in this respect. These general terms and conditions shall always prevail over any general or special terms and conditions of the Customer. The possible invalidity and/or nullity of a provision of these general terms and conditions shall not affect the validity and/or enforceability of all other provisions.
3.3 These general terms and conditions can be consulted under the heading ‘General Terms and Conditions’ on the Website.
3.4 Prior to the conclusion of a distance agreement, the text of these general terms and conditions (containing the information as required by Article VI.45, § 1 WER) shall be made available to the Customer. If this is not reasonably possible, GLWMax shall, before concluding the distance selling Agreement, indicate in what way the general terms and conditions can be inspected at GLWMax and that, at the request of the Customer, they will be sent free of charge as soon as possible.
3.5 If the Distance Contract is concluded electronically, then, contrary to the previous paragraph, and before such a Contract is concluded, the text of these General Terms and Conditions will be made available to the Customer by electronic means in such a way that it can be easily stored by the Customer on a Durable Data Carrier. If this is not reasonably possible, prior to the conclusion of the Distance Contract, it will be stated where the general terms and conditions can be viewed electronically and that, at the Customer’s request, they will be sent electronically or otherwise free of charge.
3.6 GLWMax may unilaterally amend the provisions of these general terms and conditions at all times. Amendments shall be announced on the Website and/or via electronic means. Each purchase will be subject to the version of the general terms and conditions that is applicable at the moment of acceptance of the order by GLWMax. Continued use of the Website will be considered as acceptance of the new general terms and conditions. These general terms and conditions were last modified on 01 august 2021.
4 THE OFFERS ON THE WEBSITE
4.1 If an offer has a limited validity period or is made under certain conditions, this will be explicitly mentioned on the Website. GLWMax cannot be held liable for the unavailability of a certain Product. The offer is valid as long as the stock lasts and can be adapted or withdrawn by GLWMax at all times.
4.2 The Website contains a complete and accurate description of the Products offered. The description is sufficiently detailed to allow the Customer to properly assess the offer. If GLWMax makes use of pictures, they are truthful images of the Products offered. Obvious mistakes or obvious errors in the offer are not binding for GLWMax.
4.3 Each offer contains such information that it is clear to the Customer what rights and obligations are attached to accepting the offer.
4.4 The Products shall, at the time of sale, comply with all applicable regulations concerning safety, health, fair market practices and consumer protection.
5 THE CONCLUSION OF THE AGREEMENT
5.1 The Agreement is concluded upon the Customer’s acceptance of the offer and the fulfilment of the conditions thereby stipulated, without prejudice to the provisions below (see Article 6.2).
5.2 If the Customer has accepted the offer electronically, GLWMax will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by GLWMax, the Customer can dissolve the Agreement.
5.3 The Agreement shall be concluded in Dutch. By placing an order and accepting these general terms and conditions, the Customer-Consumer confirms that the Dutch language is understandable, clear and unambiguous to him.
5.5 GLWMax shall electronically archive the concluded Agreements and make them available to the Customer-consumer on a Durable Data Carrier.
5.6 GLWMax may, within legal limits, gather information about the Customer’s ability to fulfil his payment obligations, as well as about all those facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, GLWMax has sound reasons for not entering into the agreement, it shall be entitled to refuse an order or application or to attach special conditions to its execution.
6.1 Only orders placed via the Website are registered.
6.2 Throughout the purchasing procedure, the Customer sees an overview of the Products ordered with all prices and costs indicated. Throughout the purchase procedure, the Customer can see at the top which stage of the purchase procedure he is at by means of a visual guide. Once the Customer has made the payment, he enters into a contractual commitment and the order is considered final (see also Article 5 above)
6.3 The Customer will receive an electronic confirmation of receipt of his order and payment from GLWMax.
6.4 In case of problems relating to the functioning of the database via the Website, in particular in case of attempted fraud, an incomplete or incorrect order, the provision of clearly incorrect data, the non-payment of previous deliveries or the refusal of approval by the Customer’s financial institution, the non-confirmation of the payment via web banking by the institution responsible for the technical realisation of this payment or any (other) serious shortcoming of the Customer with respect to the orders in which the Customer is involved, GLWMax reserves the right to suspend or refuse the confirmation of the order and consequently the delivery, without any motivation.
6.5 Any modification of the order by the Customer after confirmation by the Customer of the order is subject to the express and written acceptance thereof by GLWMax. In case of a request by the Customer to change the order after the Products have been shipped, only the procedure of withdrawal as described in Article 7 below shall apply.
6.6 The Customer’s previous orders will be archived, without the Customer having access to them.
7 RIGHT OF WITHDRAWAL
7.1 The Customer-Consumer can revoke an Agreement concerning the purchase of a Product during a reflection period of 14 days, without giving reasons. GLWMax may ask the Customer why he/she is revoking the Agreement, but may not oblige him/her to state his/her reasons.
7.2 The cooling-off period mentioned in 7.1. (if applicable) starts on the day after the Customer-consumer, or a third party designated by him in advance and not being the carrier, has physically received the Product, or, if the Customer-consumer has ordered multiple Products in the same order, on the day the Customer-consumer, or a third party designated by him, has physically received the last Product. GLWMax may refuse an order for multiple Products with a different delivery time, provided that it has clearly informed the Customer-Consumer thereof prior to the ordering process.
7.3 If the delivery of a Product consists of several shipments or parts, the cooling-off period referred to in 7.1 will commence on the day on which the Consumer, or a third party designated by him, receives the last shipment or part.
7.4 In the case of Agreements for regular delivery of Products during a certain period of time, the cooling-off period referred to in Article 7.1 shall commence on the day on which the Customer-Consumer or a third party designated by him has received the first Product.
8 OBLIGATIONS OF THE CUSTOMER-CONSUMER DURING THE WITHDRAWAL PERIOD
8.1 During the Cooling-off Period (if applicable), the Customer-Consumer shall handle the Product and its packaging with care. He will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The basic assumption here is that the Customer-Consumer may only handle and inspect the Product as he would be allowed to do in a shop. Damaged Products, e.g. folded or torn cards, or Products of which the packaging is damaged, will not be taken back.
8.2 The Customer-Consumer shall only be liable for any diminished value of the Product resulting from a handling of the Product beyond that permitted in 8.1.
8.3 The Customer-Consumer shall not be liable for any diminished value of the Product if GLWMax has not provided him with all legally obligatory information on the right of withdrawal before or at the time of concluding the Agreement.
9 EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CUSTOMER-CONSUMER AND COSTS THEREOF
9.1 If the Customer-Consumer makes use of his Right of Withdrawal (if applicable), he shall notify GLWMax thereof within the Withdrawal Period by means of the Model withdrawal form attached as Annex I (not mandatory) or in any other unequivocal manner (in writing, by post or by e-mail): Andy Van Hoorebeke, 9950 Lievegem, Lageblik 5, e-mail: and phone number: [complete].
9.2 The Customer-consumer shall return the Product, if applicable, or hand it over to (an authorised representative of) GLWMax, as soon as possible, but within 14 days from the day following the notification as referred to in Article 9.1. This is not required if GLWMax has offered to collect the Product itself. The Customer has in any case complied with the return period if he returns the Product before the Objection Period has expired.
9.3 The Customer shall return the Product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by GLWMax.
9.4 The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the Customer-Consumer.
9.5 The Customer-Consumer bears the direct costs of returning the Product. If GLWMax has not reported that the Customer-consumer must bear these costs or if GLWMax indicates that it will bear the costs itself, the Customer-consumer does not have to bear the costs of return shipment.
10 OBLIGATIONS OF THE COMPANY IN THE EVENT OF WITHDRAWAL
10.1 If GLWMax enables the Customer-Consumer to report his withdrawal (if applicable) electronically, it will send a confirmation of receipt immediately after receipt of this report.
10.2 GLWMax will, if necessary, reimburse all payments made by the Customer-consumer, including any delivery costs charged by GLWMax for the returned Product, without delay but within 14 days following the day on which the Customer notifies GLWMax of the withdrawal. Unless GLWMax offers to collect the Product itself, it may wait with the repayment until it has received the Product or until the Customer-consumer proves that he has returned the Product, whichever moment is earlier.
10.3 GLWMax will use the same means of payment the Customer-consumer used for the refund, unless the Customer-consumer agrees to a different method. The refund is free of charge for the Customer-Consumer.
10.4 If the Customer-Consumer has chosen a more expensive method of delivery than the cheapest standard delivery (if applicable), GLWMax does not have to refund the additional costs for the more expensive method.
11.1 During the period of validity mentioned in the offer, the prices of the offered Products shall not be increased, except for price changes due to changes in VAT rates or changes in certain duties or taxes or due to other legal regulations or provisions.
11.2 The prices quoted in the Products offer are inclusive of VAT but exclusive of any delivery and/or dispatch costs. The prices are stated in euros and are valid on the day on which the Website is visited and/or the order is placed.
11.3 The amount of the delivery, shipping, reservation, administrative or other costs is stated separately. An overview and calculation of these costs is shown on the Website at any time before the order is confirmed by GLWMax. The total amount payable by the Customer, including the aforementioned costs, is always stated on the (web) page accompanying the confirmation of the order. Each additional payment on top of the agreed fee requires the explicit consent of the Customer before the order is confirmed.
11.4 All other duties or taxes that arise between the time of the order and the time of delivery shall be borne in full by the Customer.
11.5 Ownership of the Products shall only be transferred upon full payment of the price by the Customer.
12 LEGAL GUARANTEE – CONFORMITY OF THE PRODUCTS
12.1 The Customer-Consumer has, if applicable, a legal guarantee under the the Act of 21 September 2004 on the protection of consumers in case of sale of consumer goods. This legal guarantee is valid from the date of delivery. Any commercial guarantee does not affect these rights.
12.2 In order to invoke the guarantee, the Customer-Consumer must be able to present proof of purchase. Customer-consumers are advised to keep the original packaging of the Products.
12.3 For Products purchased online and delivered to the Customer-Consumer’s home, the Customer-Consumer should contact the GLWMax customer service and return the Product to GLWMax at his expense.
12.4 Upon discovery of a defect, the Customer must inform GLWMax as soon as possible. In any case, every defect has to be reported by the Customer-consumer within a period of 2 months after its discovery (insofar as it does not concern Products with a limited shelf life or perishable Products). Afterwards, any right to repair or replacement lapses.
12.5 The warranty (commercial and/or statutory) shall never apply to defects caused by accidents, neglect, falls, use of the Product contrary to the purpose for which it was manufactured, failure to comply with the user instructions or manual, alterations or modifications to the Product, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
12.6 Defects that become apparent after a period of 6 months following the date of purchase, or delivery as the case may be, are not deemed to be hidden defects, unless the Customer-Consumer can prove otherwise.
12.7 Adapted or processed Products will not be taken back and/or refunded by GLWMax under any circumstances.
13 DELIVERY AND PERFORMANCE – RETENTION OF TITLE
13.1 GLWMax delivers the Products ordered on the Website, either by collection in the shop or at home on the days indicated on the Website or chosen by the Customer. GLWMax delivers in Belgium (and possibly other countries: please add)
13.2 The address which the Customer has made known to GLWMax shall be considered the place of delivery.
13.3 Every visible damage and/or qualitative shortcoming of Products or other shortcomings in the delivery must be reported to GLWMax by the Customer immediately. Products that have left GLWMax shall not be exchanged or taken back under any circumstances.
13.4 The risk of loss or damage is transferred to the Customer as soon as he (or a third party appointed by him, who is not the carrier) has received physical possession of the Products. However, the risk shall already be transferred to the Customer upon delivery to the carrier, if the carrier has been instructed by GLWMax to transport the Products and this choice was not offered by GLWMax.
13.5 The delivered Products shall remain the exclusive property of GLWMax until the moment of full payment by the Customer. The customer shall, if necessary, point out the retention of title of GLWMax to third parties, e.g. to anyone who might seize Products that have not yet been paid for in full.
14.1 The price is payable in full after confirmation of the order by the Customer.
14.2 Insofar as not otherwise stipulated in the Agreement, the amounts owed by the Customer must be paid within 14 days after the start of the Cooling-Off Period (if applicable), or in the absence of a Cooling-Off Period within 14 days after the conclusion of the Agreement.
14.3 The Customer is obliged to report inaccuracies in payment data provided or stated immediately to GLWMax.
14.4 If the full and/or timely payment of one or more invoices is not made, GLWMax is automatically and without prior notice (i) entitled to payment of default interest at a conventional rate of 10% per year on the unpaid invoice amount from the due date of each invoice until the date of full payment and (ii) entitled to payment of liquidated damages of 10% of the unpaid invoice amount with a minimum of EUR 25,- EUR per invoice, and this without prejudice to GLWMax’s right to claim a higher compensation on the condition that proof is provided of the higher damage actually suffered.
14.5 Moreover, if one or more invoices are not paid in full and on time, GLWMax is entitled to the payment by the Customer of the reminder and demand costs made by GLWMax based on the applicable rates, being EUR 10,- for a second written reminder and EUR 25,- per reminder as of the third written reminder. Finally, in the event of collection of unpaid invoices, if the Customer is found to be at fault by the competent court, all collection costs (extrajudicial and judicial) shall be borne in full by the Customer. The present Article 14.5 shall apply without prejudice to GLWMax’s right to claim a higher compensation on the condition that proof is provided of the higher damage actually incurred.
14.6 Should GLWMax remain in default with regard to the Customer-Consumer, among other things by (re)paying certain amounts to the Customer-Consumer, the latter may claim payment by GLWMax of the same interest on arrears and/or (fixed) compensation(s) as determined above.
14.7 Without prejudice to the above, GLWMax reserves the right to take back Products that have not been paid for (in full).
14.8 The Website is equipped with a security system for online payments that guarantees the confidentiality of bank details and the security of the transaction.
15 USE OF THE PRODUCTS
15.1 The Products may be used for private purposes, as well as for educational purposes.
15.2 If the Products are used for educational purposes, the Customer will have to follow a prior training at GLWMax. In this case, the Customer must contact GLWMax, whereby a personalised offer and conditions will be provided (see Article 2.2).
15.3 If the Customer, in violation of Article 15.2, still uses the Products for educational purposes, GLWMax shall be entitled to pay the Customer a fixed compensation of EUR 1,000. Article 15.3 is always applicable, without prejudice to GLWMax’ right to claim a higher compensation, provided that the damage actually suffered is proven.
16 PROCESSING OF PERSONAL DATA – COOKIES
17.1 Our (contractual and extra-contractual) liability, both for direct and indirect damage, is always limited to the lowest of the following amounts: (i) the amount for which GLWMax is insured with its third-party insurer per claim or (ii) the amount that corresponds to the value of (the) Product(s) ordered on the Website and on which the complaint is based.
17.2 Nothing in these General Terms and Conditions shall exclude our liability for fraud, intentional or equivalent gross negligence, death or personal injury.
17.3 GLWMax is not liable for misunderstandings, delays or improper transmission of orders and messages resulting from the use of the Internet or any other means of communication.
18 INTELLECTUAL PROPERTY
18.1 All intellectual property rights related to the Products and the Website belong exclusively to GLWMax or its licensors.
18.2 In other words, the Customer is at all times (including before or after termination of the Agreement) forbidden to reproduce or communicate to the public (any design or creation of, in or linked to) the Products or the Website in any way whatsoever without the express, written and prior permission of GLWMax or its licensors.
18.3 Nothing in these general terms and conditions shall be construed as constituting a transfer or licence of or pertaining to the intellectual property rights of GLWMax or its licensors to the Customer.
18.4 The Customer acknowledges and accepts that the Products or the Website can be the subject of protection by (intellectual property) rights of third parties. The Customer declares to respect these rights and to fully indemnify GLWMax, in principal, interests and (judicial and lawyers’) costs, for any infringement of these rights by the Customer.
19 COMPLAINTS PROCEDURE
19.1 GLWMax has a sufficiently publicised complaints procedure and deals with complaints in accordance with this complaints procedure, which is available at [hyperlink].
19.2 Complaints about the execution of the Agreement must be submitted to GLWMax fully and clearly described within a reasonable time after the Customer has discovered the defects.
19.3 Complaints submitted to GLWMax shall be answered as soon as possible.
20.1 Any dispute regarding the interpretation or application of these general terms and conditions, the agreements between GLWMax and the Customer to which these general terms and conditions apply, or disputes arising from any use of the Website, shall be governed exclusively by Belgian law.
20.2 Only the courts of Ghent (division Ghent) are competent. However, legal proceedings instituted against GLWMax by a customer-consumer may be brought before either the courts of the Member State in whose territory GLWMax is domiciled or the courts of the place where the customer-consumer is domiciled. Legal proceedings instituted by GLWMax against a customer-consumer may only be brought before the courts of the Member State in which GLWMax is domiciled.
21 CUSTOMER SERVICE – CONTACT DETAILS
ANNEX 1. MODEL WITHDRAWAL FORM
You should only fill in and return this form if you are willing and able to withdraw from the contract as a consumer.
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following Products:
Ordered on (*)/Received on (*):
Name(s) of customer(s) :
Customer address(es) :
Signature of customer(s) (only if this form is submitted on paper)
Date: 1 august 2021