GENERAL TERMS AND CONDITIONS OF USE AND ONLINE SALES BNCCA CADET2023 WEBSHOP

These general terms and conditions of use and online sales (the “General Conditions”) apply between the company Belgian National Cadet Class Association VZW (BNCCA), with registered office at Dijk 88, 2861 O.-L.-V.-Waver and the Consumer of the website, an adult person capable of entering into contracts (the “Consumer”).

PREAMBLE

Consumer means the natural person not acting for purposes related to his trade, business, craft or profession;

Product means: the products on the BNCCA Cadet2023 website offered to Consumers for payment
Right of Withdrawal means: the Consumer’s option to waive the distance contract within the withdrawal period;

I. PURPOSE

1.1. The purpose of these Terms and Conditions is to regulate the Consumer’s use of the BNCCA Cadet2023 website.

1.2. The use of the BNCCA Cadet2023 website implies that the Consumer has read and fully accepted the Terms and Conditions. With each order on the BNCCA Cadet2023 website, the Consumer may be asked to confirm his acceptance of the Terms and Conditions. BNCCA reserves the right at any time to modify these General Terms and Conditions and the product offer. The General Terms and Conditions in force at the date of the Consumer’s order shall apply.

1.3. Unless there is a prior, written acceptance from BNCCA, no special condition may take precedence over the Terms and Conditions stated herein. Reference by the Consumer to other terms and conditions will not be accepted by BNCCA. Any deviation accepted by BNCCA applies only to the sale to which it relates. BNCCA cannot be required in any way to waive the right to rely on these Terms and Conditions.

II. ORDERS

2.1. User account creation

In order to use the services of the BNCCA Cadet2023 Website, the Consumer must create a User Account by filling in all requested information in the relevant form in the “Register” section (the “User Account”).
When purchasing products, Consumer must check the statement “I declare that I have read and accept the general terms and conditions of use and sale of the BNCCA service.” check box.

It is effectively impossible for BNCCA to verify the accuracy or correctness of the information provided. The Consumer thus acknowledges that he is liable for any incorrect, incomplete or misleading information provided to BNCCA and third parties. In case inaccurate, incomplete or misleading information is provided (or the updating of such information is omitted), BNCCA may decide to suspend or delete the Consumer’s registration, effective immediately and without prior notice.

While creating the User Account, the Consumer enters a User Name and Password in the fields provided for that purpose. The Consumer is solely responsible for the confidentiality and security of his Customer Account, which requires a User Name and Password to identify himself and access the Services. The Consumer must take the necessary measures to prevent third parties from obtaining his Username and password. Any order for which the Consumer was identified by means of a valid password and Username will be handled by BNCCA and bind the relevant Consumer, unless he proves that the misidentification is due to a shortcoming by BNCCA.

2.2. Placing an Order through the BNCCA Website.

The procedure for placing an order by the Consumer on the BNCCA Cadet2023 Website is as follows:

  • Login to the Consumer’s User Account using the User Name and Password provided by the Consumer while creating his Customer Account;
  • The Consumer selects his desired Products;
  • The Consumer confirms his order after verifying his choice;
  • The Consumer makes payment for his order; and
  • The Consumer confirms his order and payment.

The confirmation of the order implies that the Consumer has previously read and accepted the General Terms and Conditions. The confirmation also implies that the Consumer waives other general terms and conditions. All data entered and the recorded confirmation shall constitute proof of the transaction. The confirmation counts as signature and acceptance of the performed actions. Upon receipt of the payment confirmation by the Consumer’s bank, BNCCA will send the confirmation of the registered order to the email specified by the Consumer during the creation of his User Account.

2.3. Revocation

2.3.1. Revocation of Products.

The Consumer may rescind an agreement relating to the purchase of a product during a 14 calendar day cooling-off period without giving reasons. The Entrepreneur may ask the Consumer about the reason for withdrawal, but may not oblige the Consumer to state his reason(s).
The aforementioned cooling-off period starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:

  1. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.

  2. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
    if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;

2.3.2. Obligations of the Consumer during the reflection period.

During the reflection period, the Consumer shall handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

The consumer is only liable for diminished value of the product resulting from a way of handling the product that goes beyond that permitted in paragraph 1.

The consumer is not liable for depreciation of the product if the entrepreneur did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

2.3.3. Exercise of the right of withdrawal by the consumer and costs thereof.

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.

The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The entrepreneur bears the direct shipping costs of returning the product. A shipping label will be provided to the consumer by the entrepreneur for this purpose. Any packaging, printing, transport or other costs shall be borne by the consumer.

If the consumer exercises his right of withdrawal, all additional contracts shall be dissolved by operation of law.

2.3.4. Obligations of the entrepreneur in case of withdrawal.

If the trader enables the consumer’s notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.

The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.

For reimbursement, the entrepreneur uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge to the consumer.

If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

2.3.5. Exclusion of right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
  2. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  3. Newspapers, magazines or journals, with the exception of subscriptions to them;
  4. The supply of digital content other than on a tangible medium, but only if:
    1. The performance has begun with the express prior consent of the consumer; and
    2. The consumer has declared that he thereby loses his right of withdrawal.
2.4. Payment

2.4.1. Price and price change.

The Consumer has the option to pay for his order in euros. The prices displayed in Euros on the BNCCA Cadet2023 webshop include VAT and all taxes applicable on the day of order. Any price change may be reflected in the price of Products or services. The Consumer is obliged to make payment in the currency indicated on their order confirmation and/or invoice.

BNCCA reserves the right to change the prices for Products at any time, it being understood that the price indicated on the BNCCA Cadet2023 Website of the day of the order is the only one applicable for the Consumer. The Consumer will receive written confirmation of the price to be paid and the costs to be charged at the time of confirmation of his order and at the latest at the time of visual display.

2.4.2. Terms of payment

Payment is made at the time of placing the order. The Consumer will receive the Products only once payment by the Consumer for the price of the Product has been made in full.

At the Consumer’s request, a paper invoice will be sent to him.

2.4.2.1. Bank Card

Payments can be made by bank card through a secure online payment. At the end of the order procedure, the following modes of payment are proposed to you for the checkout of your purchases:

  • Bancontact
  • Direct bank transfer (bancontact/iDEAL)

BNCCA reserves the right to verify the personal data provided by the Consumer and take all necessary measures to verify that the person whose bank account is debited is also the person who placed the order. BNCCA may ask the Consumer to present proof of identity and/or a bank document. The failure of the Consumer to respond to such a request within the (two) 2 days from the request by BNCCA shall automatically lead to the cancellation of the order in question and this without any possibility of subsequent dispute.

BNCCA may keep the bank details of the Consumer if the Consumer has checked the box provided for this purpose during the placement of the order.

2.4.2.2. Promotion Code

If the Consumer is in possession of a promotional code, it offers him benefits for one or more Products. He must enter the code on the BNCCA Cadet2023 Webshop in the shopping cart, in the “discount coupon” field to enjoy this benefit.

2.5. Proof

BNCCA stores order forms and invoices on a secure and durable medium. BNCCA’s electronic files shall be considered by the Parties as evidence of communications, orders, payments and transactions between the Parties.

2.6 Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

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

The entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.

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 made known to the entrepreneur representative, unless otherwise expressly agreed.

III. LIABILITY

3.1 General

BNCCA can only be held liable in case of fraud or gross negligence by itself or one of its employees. BNCCA’s liability is limited to repairing foreseeable, direct and personal damages suffered by the Consumer, excluding any indirect or intangible damages such as – but not limited to – loss of business, loss of income or profit, loss or corruption of data. In all cases, BNCCA’s liability shall be limited to the total price of the Products paid by the affected Consumer.

IV. PERSONAL DATA

4.1. Privacy statement

BNCCA considers privacy to be important. It therefore acts in accordance with the General Data Protection Regulation. For this we refer to our Privacy Statement, which can be consulted at: https://www.cadet2023.com/privacy-policy/

V. MISCELLANEOUS

5.1 Customer Service.

For any questions or concerns regarding the use of the BNCCA Cadet2023 Website, whether it is a request for assistance in using the service or a question about billing or delivery of Products, customer service can be reached by email to the following address: info@cadet2023.com.

5.2 User Account Deactivation.

BNCCA reserves the right, without judicial intervention, notice or compensation, to deactivate the User account of the User in the following cases:

  • violation by the User of any of the provisions of these Terms and Conditions;
  • non-payment by the User of amounts due;
  • acts contrary to the interests of BNCCA, in particular file hacking and/or any
  • other behavior with the aim of illegally using the BNCCA service and the contents of the BNCCA Cadet2023 Website; or
  • providing false information while creating the User Account.

Consumers who wish to deactivate their User Account must notify BNCCA by sending a registered letter with receipt to the following address: Dijk 88, 2861 O.-L.-V.-Waver.

BNCCA agrees to deactivate the Consumer’s User Account within a maximum of 48 hours after receiving this letter.

5.3 Applicable law and dispute resolution

The applicable law is Belgian law. Any dispute falls under the exclusive jurisdiction of the competent courts of Antwerp.

5.4 Invalidity

In the event of invalidity of any provision of these General Terms and Conditions, this clause shall be deemed unwritten and such invalidity shall not affect the validity of the remaining applicable provisions of these General Terms and Conditions.