Terms and Conditions

Article 1 - Definitions.


In these terms and conditions, the following definitions shall apply:


Reflection period: the period within which the consumer can
exercise his right of withdrawal;


Consumer: the natural person who is not acting in the
exercise of a profession or business and enters into a remote agreement
with the entrepreneur;


Day: calendar day;


Duration transaction: a distance contract relating to
a series of products and/or services, the delivery and/or
purchase obligation of which is spread over time;


Durable data carrier: any means that enables the consumer or
entrepreneur to store information addressed to him personally
in a way that allows future consultation and
unaltered reproduction of the stored information
.


Right of withdrawal: the possibility for the consumer to waive the distance contract within
the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or
services to consumers at a distance;


Distance contract: an agreement whereby in the context
of a system organized by the entrepreneur for distance selling
of products and/or services, up to and including the conclusion of
the agreement exclusive use is made of one or
more techniques for distance communication;

Technology for distance communication: means that can be
used for the conclusion of an agreement, without
consumer and entrepreneur being together simultaneously in the same room
.


General Conditions: the present General Conditions
of the entrepreneur.


Article 2 - Identity of the entrepreneur


Pangea Shipping
Vissenakenstraat 23, 3300 Tienen
E-mail address: [email protected]
VAT identification number: BE1006.991.246


Article 3 - Applicability.


These general conditions apply to any offer from
the entrepreneur and to any agreement concluded at
distance and orders between entrepreneur and consumer.


Before the distance contract is concluded, the text
of these general conditions will be made available to the consumer
.
If this is not reasonably possible, before the
distance contract is concluded, it will be indicated that
the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge
as soon as possible at the consumer's request.


If the distance contract is concluded electronically,
notwithstanding the preceding paragraph and before the agreement on
distance is concluded, the text of these general conditions
be made available to the consumer electronically
in such a way that it can be stored by the consumer in a
simple manner on a durable
data carrier. If this is not reasonably possible, before
concluding the distance contract, it will be indicated
where the general conditions can be inspected electronically
and that at the consumer's request they will be sent electronically or otherwise free of charge.


In the event that, in addition to these general terms and conditions,
specific product or service conditions also apply,
the second and third paragraphs shall apply mutatis mutandis and the
consumer may, in the event of conflicting general terms and conditions
always rely on the applicable provision that is most favorable to him
.


If one or more provisions in these general conditions
are at any time wholly or partially void or destroyed
, then the agreement and these conditions for the
remaining in force and will the provision in question in mutual consultation
immediately replaced by a provision that the scope of
the original as closely as possible.


Situations not covered by these general terms and conditions,
should be judged "in the spirit" of these general
terms and conditions.


Uncertainties regarding the interpretation or content of one or more
provisions of our terms and conditions, shall be interpreted "according to
the spirit" of these general terms and conditions.


Article 4 - The offer


If an offer has a limited validity period or is made under
conditions, this shall be expressly stated in the offer
.


The offer is without obligation. The entrepreneur is entitled to change and adjust the offer
.


The offer contains a complete and accurate description of the
products and/or services offered. The description is sufficiently
detailed to enable a proper assessment of the offer by the
consumer. If the entrepreneur makes use
of images, these are a truthful representation of the
offered products and/or services. Obvious mistakes or
obvious errors in the offer do not bind the entrepreneur.

All images, specifications data in the offer are indicative
and cannot be a reason for compensation or dissolution
of the agreement.


Images accompanying products are a true representation
of the products offered. Entrepreneur can not guarantee
that the displayed colors exactly match the real
colors of the products.


Each offer contains such information that it is clear to the consumer
what the rights and obligations are, which are attached to the
acceptance of the offer. This concerns in particular
:


the price including taxes;


the cost of shipping, if any;


The manner in which the agreement will be established and what
actions are necessary to do so;


Whether or not the right of withdrawal applies;


the method of payment, delivery and performance of the agreement;


the period for acceptance of the offer, or the period
within which the entrepreneur guarantees the price;


the amount of the tariff for distance communication if the
costs of using the technique for
distance communication are calculated on a basis other than the regular
basic tariff for the means of communication used;


Whether the agreement is archived after its conclusion, and if
yes in what way it can be accessed by the consumer;


the manner in which the consumer, prior to the conclusion of the
agreement, can check and, if desired, rectify the information provided by him under the
agreement;


any other languages in which, in addition to Dutch, the
agreement may be concluded;

the codes of conduct to which the trader has submitted
and how the consumer can access these codes of conduct at
electronically; and


the minimum duration of the distance contract in the case of a
duration transaction.


Optional: available sizes, colors, type of materials.


Article 5 - The Agreement


The agreement, subject to the provisions of paragraph 4,
comes into effect at the moment of acceptance by the consumer of
the offer and the fulfillment of the conditions set therein.


If the consumer has accepted the offer electronically
, the entrepreneur confirms the receipt of the acceptance of the offer immediately by electronic
way. As long as the
receipt of this acceptance has not been confirmed by the entrepreneur
the consumer can dissolve the agreement.


If the agreement is established electronically, the
entrepreneur will take appropriate technical and organizational measures
to protect the electronic transfer of data and he will ensure
a secure web environment. If the consumer can pay electronically
, the entrepreneur will observe appropriate
security measures to that end.


The entrepreneur can - within legal frameworks - inform himself
whether the consumer can meet his payment obligations
meet, as well as of all those facts and factors which are important for
a responsible conclusion of the remote agreement.
If
the entrepreneur on the basis of this research has good grounds
not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation
motivated.


The entrepreneur will include with the product or service to the consumer the
following information, in writing or in such a way that it can be stored by
the consumer in an accessible way
on a durable data carrier:


a. the visiting address of the establishment of the entrepreneur to which the
consumer can address complaints;

b. the conditions under which and the manner in which the consumer of
can make use of the right of withdrawal, or a clear
notification regarding the exclusion of the right of withdrawal;


c. the information about warranties and existing service after purchase;


d. the data included in article 4 paragraph 3 of these conditions,
unless the entrepreneur has already provided this data to the consumer
before the execution of the agreement;


e. the requirements for terminating the agreement if the
agreement has a duration of more than one year or is of
indefinite duration.


In the case of a duration transaction, the provision in the previous paragraph applies only
to the first delivery.


Each agreement is entered into under the suspensive
conditions of sufficient availability of the relevant
products.


Article 6 - Right of withdrawal


When purchasing products, the consumer has the option
to dissolve the agreement without giving reasons
for 14 days. This cooling-off period starts on the day after
receipt of the product by the consumer or a previously designated by the
consumer and made known to the entrepreneur
representative.


During the reflection period, the consumer will handle the
product and its packaging with care. He will only unpack or use the product to the extent
necessary to be able to
assess whether he wishes to keep the product. If he uses his
right of withdrawal, he will return the product with all
delivered accessories and - if reasonably possible - in the
original condition and packaging to the entrepreneur,
in accordance with the reasonable and clear
instructions provided by the entrepreneur.


If the consumer wishes to make use of his
right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt
of the product. The
make known the consumer must do through a written message / email. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.


If the customer after the expiration of the periods mentioned in paragraphs 2 and 3
has not made known his intention to make use of his
right of withdrawal or has not returned the product to the entrepreneur
, the purchase is a fact.


Article 7 - Costs in case of withdrawal


If the consumer exercises his right of withdrawal,
the costs of returning the products are for the account
of the consumer.


If the consumer has paid an amount, the merchant
will refund this amount as soon as possible, but no later than 14 days after
withdrawal. Here is the condition that the
product is already received back by the merchant or conclusive
proof of complete return can be presented.


Article 8 - Exclusion of the right of withdrawal.


The entrepreneur can exclude the consumer's right of withdrawal
for products as described in paragraphs 2 and 3. The
exclusion of the right of withdrawal only applies if the
entrepreneur has clearly stated this in the offer, at least in time for the conclusion
of the agreement.


Exclusion of the right of withdrawal is only possible for
products:


a. that have been created by the entrepreneur in accordance with
specifications of the consumer;


b. that are clearly personal in nature;


c. which by their nature cannot be returned;


d. that may spoil or age quickly;

e. whose price is subject to fluctuations in the financial
market over which the entrepreneur has no influence;


f. for single newspapers and magazines;


g. for audio and video recordings and computer software of which the
consumer has broken the seal.


h. for hygiene products for which the consumer has broken the
seal.


Exclusion of the right of withdrawal is only possible for
services:


a. concerning lodging, transportation, restaurant business or leisure
to be performed on a specific date or during a specific
period;


b. whose delivery has begun with the express consent of the
consumer before the cooling-off period has expired;


c. concerning betting and lotteries.

 

Article 9 - The price

 

During the period of validity stated in the offer, the
prices of the products and/or services offered will not be increased,

except for price changes due to changes in VAT
rates.

Contrary to the previous paragraph, the entrepreneur can offer products or
services whose prices are bound to fluctuations on
the financial market and on which the entrepreneur has no influence,
with variable prices. This link to
fluctuations and the fact that any prices quoted
are target prices shall be stated with the offer.


Price increases within 3 months of the conclusion of the
agreement are only allowed if they are the result of
legal regulations or provisions.


Price increases from 3 months after the conclusion of the
agreement are only allowed if the entrepreneur has stipulated this
and:

a. they result from statutory regulations or provisions; or


b. the consumer is authorized to terminate the agreement
with effect from the day on which the price increase takes effect.


The prices mentioned in the offer of products or services are
including VAT.


All prices are subject to printing and typesetting errors. No liability
is accepted for the
consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the
product according to the incorrect price.


Article 10 - Conformity and Warranty


The entrepreneur guarantees that the products and/or services
comply with the agreement, the
specifications mentioned in the offer, with the reasonable requirements of reliability and/or
usability and the existing legal provisions and/or
government regulations on the date of the conclusion of the
agreement. If agreed, the
entrepreneur also guarantees that the product is suitable for other
than normal use.


A guarantee provided by the entrepreneur, manufacturer or importer
does not affect the legal rights and claims that the
consumer can assert under the agreement against the
entrepreneur.


Any defects or incorrect products delivered must be reported in writing to the entrepreneur within
14 days after delivery to
. Return of the products should be in the
original packaging and in new condition.


The guarantee period of the entrepreneur corresponds to the
factory guarantee period. However, the entrepreneur is never
responsible for the final suitability of the products
for each individual application by the consumer, nor for
any advice regarding the use or application of
the products.


The warranty does not apply if:

The consumer has repaired and/or
processed the delivered products himself or had them repaired and/or processed by third parties;


The delivered products are
exposed to abnormal conditions or otherwise carelessly treated or treated in
conflict with the instructions of the entrepreneur and/or on the
packaging;


The defectiveness is wholly or partly the result of
regulations that the government has imposed or will impose regarding
the nature or quality of the materials used.


Article 11 - Delivery and execution
The entrepreneur will take the utmost care
when receiving and executing
orders of products.


The place of delivery is the address that the consumer has made known to the
company.


Subject to what is stated in this regard in article 4 of these
general conditions, the company accepted
orders with convenient speed but at the latest within 30 days
execute, unless consumer has agreed to a longer
delivery period. If the delivery is delayed, or
if an order can not or only partially be
carried out, the consumer receives this no later than 30 days after
he has placed the order message. The consumer has in that
case the right to dissolve the agreement without cost and
entitled to any compensation.


In case of dissolution in accordance with the previous paragraph, the entrepreneur
will refund the amount paid by the consumer as soon as possible,
but at the latest within 14 days after dissolution.


If delivery of an ordered product proves impossible,
the entrepreneur will make every effort to provide a replacement article
available. At the latest upon delivery, it will be reported in a clear and
comprehensible manner that a replacement article is
delivered. With replacement articles, the right of withdrawal cannot
be excluded. The costs of any return shipment shall
be borne by the entrepreneur.

The risk of damage and / or loss of products rests
with the entrepreneur until the moment of delivery to the consumer
or a previously designated and to the entrepreneur announced
representative, unless otherwise expressly agreed.


Article 12 - Duration transactions: duration, termination and renewal


Termination


The consumer may terminate an agreement that has been entered into for an indefinite period of time
and that extends to the regular delivery of products
(including electricity) or services, at any time
with due observance of agreed
termination rules and a notice period not exceeding one month.


The consumer may terminate a fixed-term contract
entered into and which extends to the regular delivery of products
(including electricity) or services, at any time at
the end of the fixed term with due observance of
agreed termination rules and a notice period
of up to one month.


The consumer may make the agreements mentioned in the previous paragraphs
:


cancel at any time and not be limited to cancellation at a
particular time or period;


at least terminate in the same manner as they were entered into by him
;


always cancel with the same notice period as the entrepreneur has stipulated for
himself.


Extension


A contract entered into for a definite period and whose purpose is
to regularly supply products (including electricity
) or services may not be tacitly extended or
renewed for a definite period.


Notwithstanding the preceding paragraph, a contract entered into for
definite period and which extends to the regular delivery
of daily news and weekly newspapers and magazines may be tacitly renewed for a definite period not exceeding three months, if the consumer may terminate this extended contract by the end of the extension with a notice period not exceeding one month.


A contract that has been entered into for a definite period and that extends
to the regular delivery of products or services, may only
be tacitly extended for an indefinite period if the
consumer may terminate the contract at any time with a notice period of
no more than one month and a notice period of no more than three
months in the event that the contract extends to the regular, but
less than once a month, delivery of daily, news and
weekly newspapers and magazines.


An agreement of limited duration for the regular delivery for
acquaintance of daily, news and weekly newspapers and
magazines (trial or introductory subscription) is not
tacitly continued and ends automatically at the end of the
trial or introductory period.


Duration


If a contract has a duration of more than one year, after one year the
consumer may terminate the contract at any time with a
notice of up to one month, unless the
reasonableness and fairness oppose termination before the end of the
agreed duration.


Article 13 - Payment


Unless otherwise agreed, the amounts owed by the
consumer must be paid within 7
working days after the start of the reflection period as referred to in
article 6 paragraph 1. In case of an agreement to provide a
service, this period starts after the consumer has received the confirmation
of the agreement.


The consumer has the duty to report inaccuracies in payment information provided or
mentioned to the entrepreneur without delay.


In case of non-payment by the consumer, the entrepreneur
subject to legal restrictions, has the right to charge the reasonable costs made known in advance to the
consumer.


Article 14 - Complaints procedure


Complaints about the performance of the agreement must be submitted to the
entrepreneur within 7
days fully and clearly described, after the consumer has identified the defects.


Complaints submitted to the operator will be answered within a period
of 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time,
the operator will respond within the 14-day period
with a notice of receipt and an indication of when
the consumer can expect a more detailed answer.


If the complaint cannot be resolved by mutual agreement
a dispute arises that is amenable to dispute resolution.


A complaint does not suspend the obligations of the entrepreneur,
unless the entrepreneur indicates otherwise in writing.


If a complaint is found to be justified by the entrepreneur,
the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge
.


Article 15 - Disputes
On agreements between the entrepreneur and the consumer
to which these general conditions relate,
exclusively Belgian law applies. Even if the
consumer resides abroad.