Terms & Conditions

Article 1 – Definitions

In these terms and conditions:

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

Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the company;

Day: calendar day;

Duration transaction: a distance contract with regard 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 company to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;

Distance agreement: an agreement whereby, within the framework of a system organized by the company for the distance sale of products and/or services, up to and including the conclusion of the agreement, use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used to conclude an agreement, without the consumer and company coming together in the same room at the same time.

General Terms and Conditions: the present General Terms and Conditions of the company.

Article 2 – Identity of the company

Lois Leen CommV
Rozemarijnstraat 70, 9000 Ghent, Belgium;
Email address: hello@mushinplanner.com
VAT number: BE0792449913

Article 3 – Applicability

These general terms and conditions apply to every offer from the company and to every distance contract concluded and orders between the company and the consumer.

Before the distance contract is concluded, the text of these general terms and 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 viewed at the company's premises and that they will be sent free of charge as soon as possible at the request of the consumer.

If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

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

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these terms and conditions will otherwise remain in effect and the provision in question will be immediately replaced in mutual consultation by a provision that has the purport of of the original as closely as possible.

Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The company is entitled to change and adapt 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 company uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the company.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the products offered. Company cannot 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 rights and obligations are attached to the acceptance of the offer. This concerns in particular:

- the price including taxes;
- any shipping costs;
- the way in which the agreement will be concluded and which actions are required for this;
- 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 company guarantees the price;
- the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after the conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the company has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, type of materials.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.

If the consumer has accepted the offer electronically, the company will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the company, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the company will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the company will take appropriate security measures.

The company can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the company has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.

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

- the visiting address of the establishment of the company where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about warranties and existing after-sales service;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless the company has already provided this information to the consumer before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.

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

Every agreement is entered into under the conditions precedent of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option of dissolving the contract without giving reasons during 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the company.

If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the company within 14 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that he wishes to make use of 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 proof of dispatch.

However the consumer loses its right of withdrawal if he opts for a delivery of the digital purchase during the withdrawal period.

If the customer has not made it known after the expiry of the periods referred to in paragraphs 1 that he wishes to make use of his right of withdrawal and has not returned the product to the company, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs for returning the products will be borne by the consumer.

If the consumer has paid an amount, the company will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted.

Article 8 – Exclusion right of withdrawal

The company 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 company 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:

- that have been created by the company in accordance with the consumer's specifications;
- that are clearly personal in nature;
- which cannot be returned due to their nature;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the company has no influence;
for loose newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygienic products of which the consumer has broken the seal.

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

- regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
regarding 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 as a result of changes in VAT rates.

Contrary to the previous paragraph, the company can offer products or services whose prices are subject to fluctuations in the financial market and over which the company has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

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

- they are the result of legal regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

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

Article 10 – Conformity and Warranty

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

A guarantee provided by the company, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the company on the basis of the agreement.

Any broken or incorrectly delivered products must be reported to the company in writing within 14 days after delivery.

The warranty period of the company corresponds to the manufacturer's warranty period. However, the company is never responsible for the ultimate 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 modified the delivered products himself or had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to the instructions of the company and/or have been treated on the packaging;

The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 11 – Delivery and performance

The company will take the greatest possible care when receiving and executing orders for products.

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

With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the company will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the company will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the company.

The risk of damage and/or loss of products rests with the company until the moment of delivery to the consumer or a representative designated in advance and made known to the company, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation and extension

Cancellation

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of at least maximum one month.

The consumer can use the agreements referred to in the previous paragraphs:

- cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel in the same way as they have been entered into by him;
- always cancel with the same notice period as the company has stipulated for himself.

Extension

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has signed this extended agreement against at the end of the extension can cancel with a notice period of no more than one month.

An agreement 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 cancel at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the arranged, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery 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.

Expensive

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

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

The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the company.

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

Article 14 – Complaints procedure

Complaints about the implementation of the agreement must be submitted fully and clearly described to the company within 7 days after the consumer has discovered the defects.

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

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

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

If a complaint is found to be well-founded by the company, the company will, at its option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the company and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

Article 16 – Intellectual Property

The products sold on this website (including presets, templates, etc.) may not be copied or redistributed under any circumstances. They are and will at all times remain the intellectual property of Mushin Planner. Violations of this right will be immediately dealt with legally.