BEAnts General conditions

Definitions

  1. BEAnts, established in Schaerbeek, Belgium
  2. Customer: the person with whom BEAnts has entered into an agreement.
  3. Parties: BEAnts and customer together
  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, orders, agreements and deliveries of products by or on behalf of BEAnts.
  2. Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
  3. The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.

Prices

  1. All prices that BEAnts uses are in euros, including VAT and excluding other costs such as travel, shipping or transport costs, unless explicitly stated or agreed otherwise.
  2. All prices that BEAnts uses for products or services, on its website or that are stated otherwise, can be changed by BEAnts at any time.
  3. Increases in the cost prices of products or parts thereof, which BEAnts could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to a price increase.
  4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal provision.

Consequences of late payment

  1. As long as the customer does not pay, BEAnts may suspend its obligations until the customer has fulfilled his payment obligation.
  2. If after a period of 7 days still no payment has been received, BEAnts has the right to cancel the customer’s order.

Right of withdrawal

  1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
    • If the product is an ant colony that has arrived in a healthy condition, it must also be in a healthy condition before return is accepted. The health of the colony will be assessed based on visual material and / or upon receipt by BEAnts.
    • It is not a product that can spoil quickly such as food
    • The product has not been used
    • It is not a product that cannot be returned for hygienic reasons
  2. The reflection period of 14 days as referred to in paragraph 1 commences:
    • On the day after the consumer has received the last product or part of 1 order.
  3. The consumer can make an appeal to the right of withdrawal via beants.belgium@gmail.com
  4. The consumer is obliged to return the product to BEAnts within 14 days after making known his right of withdrawal, failing which his right of withdrawal will lapse.
  5. The costs for returning are for the account of the consumer.
  6. If the purchase costs and any other costs qualify for reimbursement by law, BEAnts will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, on the condition that the consumer receives the product in a timely manner. BEAnts has returned.

Right of retention

  1. BEAnts can invoke its right of retention and in that case retain the customer’s products until the customer has paid all outstanding invoices with regard to BEAnts, unless the customer has provided sufficient security for those costs.
  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to BEAnts.
  3. BEAnts is never liable for any damage that the customer may suffer as a result of making use of his right of retention.

Retention of ownership

  1. BEAnts remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards BEAnts under any agreement concluded with BEAnts, including claims regarding failure to perform.
  2. Until that time, BEAnts can invoke its retention of title and take back the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If BEAnts invokes its retention of title, the agreement is deemed to be dissolved and BEAnts has the right to claim compensation, lost profit and interest.

Delivery

  1. Deliveries are made while stocks last.
  2. Deliveries of products ordered online take place at the address indicated by the customer, unless otherwise agreed.
  3. If the agreed amounts are not paid or not paid on time, BEAnts has the right to suspend its obligations until the agreed part has been paid.
  4. In case of late payments, there is a default by the creditor, with the result that the customer cannot object to a late delivery against BEAnts.

Delivery time

  1. The delivery times stated by BEAnts are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
  2. The delivery time starts at the moment that the payment from the customer is received by BEAnts.
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless BEAnts cannot deliver within 14 days of being notified in writing or the parties have agreed otherwise.

Actual delivery

  1. The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note drawn up by the delivery person, failing which BEAnts cannot be held liable for any damage. .
  2. If the customer himself arranges for the transport of a product, he must report any visible damage to products or packaging to BEAnts prior to transport, failing which BEAnts cannot be held liable for any damage.

Retention

  1. If the customer does not purchase the ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
  2. Any additional costs as a result of premature or late purchase of products are entirely at the expense of the customer.

Guarantee

  1. The warranty does not apply to goods shipped without track and trace. In case of problems, compensation can be agreed. However, this is without obligation for BEAnts, without obligations and will be determined by BEAnts in consultation with the customer.
  2. The warranty on products applies only to defects caused by faulty manufacture, construction or material. In the case of ant colonies, the guarantee only applies in case of obvious damage to the colony before or within 24 hours after delivery of the colony.
  3. The warranty does not apply in the event of normal wear and tear and damage arising as a result of accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
  4. The risk of loss, damage or theft of the products that are the subject of the agreement between the parties, transfers to the customer at the moment when they are legally and / or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.

Complaints

  1. The customer must examine a product delivered by BEAnts as soon as possible for possible shortcomings.
  2. If a delivered product does not meet what the customer could reasonably expect from the agreement, the customer must inform BEAnts as soon as possible, but in any case within 24 hours after delivery.
  3. The customer will provide a description of the shortcoming that is as detailed as possible so that BEAnts is able to respond adequately.
  4. The customer must demonstrate that the complaint relates to an agreement between the parties.

Notices

  1. The customer must notify BEAnts of any notice of default in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches BEAnts (on time).

Customer’s joint and several liability

  1. If BEAnts enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to BEAnts on the basis of that agreement.

Liability BEAnts

  1. BEAnts is only liable for any damage suffered by the customer if and insofar as this damage is caused by intent or deliberate recklessness.
  2. If BEAnts is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
  3. BEAnts is never liable for indirect damage.
  4. All images, photos, colors or drawings, descriptions on the website are only indicative and are only approximate and cannot give rise to compensation and / or (partial) dissolution of an agreement and / or suspension of any obligation.

Right to cancel

  1. The customer has the right to dissolve the agreement if BEAnts imputably fails to fulfill its obligations, unless these shortcomings do not justify termination in view of their special nature or minor significance.
  2. BEAnts has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if BEAnts has taken note of circumstances that give it good grounds to fear that the customer will not fulfill his obligations. will be able to perform properly.

Force of the majority

  1. A shortcoming on the part of BEAnts in the fulfillment of any obligation towards the customer cannot be attributed to BEAnts in a situation independent of the will of BEAnts, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of BEAnts.
  2. If a force majeure situation occurs as a result of which BEAnts cannot fulfill one or more obligations towards the customer, those obligations will be suspended until BEAnts can meet them again.
  3. BEAnts does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.

Changes to general terms and conditions

  1. BEAnts is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. BEAnts will discuss major substantive changes with the customer as much as possible in advance.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions appear to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what BEAnts had in mind when drawing up the terms and conditions.

Drawn up on 12/02/2020

Translated on 23/01/2021

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