General conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

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Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

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Artikel 8 - Uitoefening van het herroepingsrecht door de consument en kosten daarvan

Article 9 - Obligations of the trader upon withdrawal

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Article 10 - Exclusion of the right of withdrawal

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Article 11 - The price

Article 12 - Performance and additional warranty

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Article 13 - Delivery and performance

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Article 14 - Duration transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints

Article 17 - Disputes

Article 18 - Additional or different provisions

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Article 1 - Definitions

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In these terms and conditions, the following definitions apply:

• Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
• Dermination period: the period within which the consumer can exercise his right of withdrawal;
• Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
• Day: calendar day;
• Digital Content: data produced and delivered in digital form;
• Duration Contract: a contract for the regular supply of goods, services and/or digital content for a specified period;
• Durable medium: any device - including e-mail - which enables the consumer or trader to store information addressed personally to him 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 unaltered reproduction of the stored information;
• Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
• Distance contract: a contract concluded between the trader and the consumer within the framework of an organized distance sales system for products, digital content and/or services, which, up to and including the conclusion of the contract, makes exclusive or joint use of one or more means of distance communication;
• Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions. Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order;
• Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader having to be together in the same room at the same time;

Article 2 - Identity of the entrepreneur

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Marketplace Distribution Services B.V. (business name HiFi.eu)
Dendermondsesteenweg 11, 2830 Willebroek (Belgium)
Telephone number: +32 (0) 3 226 34 14 (Mon-Fri from 09:30 - 17:00)
E-mail address: info@hifi.eu
Btw identification number: BE-0736.857.332

Article 3 - Applicability

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• These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur 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, the entrepreneur will, before the remote agreement is concluded, indicate how the general conditions can be viewed at the entrepreneur and that 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 distance contract is concluded, the text of these general conditions may 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 medium. If this is not reasonably possible, before the distance contract is concluded, 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 specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

• If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
• The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.



Article 5 - The agreement

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• The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby set.
• If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve the agreement.
• If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
• The entrepreneur may 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 entrepreneur 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, while giving reasons.
The entrepreneur shall, at the latest on delivery of the product, service or digital content to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, send:
• the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
• the information on guarantees and existing after-sales services;
• the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;



Article 6 - Right of withdrawal

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For products:

• The consumer may cancel a contract related to the purchase of a product during a reflection period of up to 60 days without giving any reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
• The withdrawal period referred to in paragraph 1 starts on the day the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
• if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur 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 multiple shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
• for contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, received the first product;

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal:

• If the trader has not provided the consumer with the legally required information about the right of withdrawal, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
• If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.



Article 7 - Obligations of the consumer during the cooling-off period

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• 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 permitted to do in a store.
• The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
• The consumer is not liable for diminished value of the product if the trader has not provided him before or at the conclusion of the contract with all legally required information about the right of withdrawal.



Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

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• If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by sending an email to info@mardis.eu or in another unambiguous way.
• As soon as possible, but within 60 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 met 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 accessories supplied, if reasonably possible in 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 consumer bears the direct cost of returning the product.



Article 9 - Obligations of the trader upon withdrawal

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• If the trader enables the consumer's notification of withdrawal by electronic means, he shall send an acknowledgement of receipt without delay upon receipt of 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 has returned the product to him.
• The entrepreneur will use for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for 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.



Article 10 - Exclusion of right of withdrawal

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The Entrepreneur can exclude the following products and services from the right of withdrawal, but only if the Entrepreneur stated this clearly with the offer, at least in time for the conclusion of the contract:

• Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
• Contracts concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the entrepreneur to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
• Service agreements, after full performance of the service, but only if:
• the performance has begun with the express prior consent of the consumer; and
• the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
• Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer (customization), or which are clearly intended for a specific person;
• Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
• Products which, after delivery, are by their nature irrevocably mixed with other products;
• the performance has begun with the express prior consent of the consumer;and
• the consumer has declared that he thereby loses his right of withdrawal;



Article 11 - 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 subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
• Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
• Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and: a. they are the result of legal regulations or provisions; or b. the consumer is authorized to terminate the agreement from the day on which the price increase takes effect.
• The prices mentioned in the offer of products or services include VAT.



Article 12 - Performance of the agreement and additional guarantee

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• The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, 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.
• An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement may assert against the entrepreneur if the entrepreneur has failed to fulfill its part of the agreement.
• Under additional warranty is understood any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.



Article 13 - Delivery and performance

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• The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
• The place of delivery is the address that the consumer has made known to the entrepreneur or a pickup point within a reasonable distance from the address made known.
• Subject to what is stated in article 4 of these general conditions, 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 partially be executed, 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 repay 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 representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.



Article 14 - Duration transactions: duration, termination and extension

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Cancellation:

• The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of not more than one month.
• The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of not more than one month.
• The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services.
• De consument kan een overeenkomst die voor bepaalde tijd is aangegaan en die strekt tot het geregeld afleveren van producten (elektriciteit daaronder begrepen) of diensten, te allen tijde tegen het einde van de bepaalde duur opzeggen met inachtneming van daartoe overeengekomen opzeggingsregels en een opzegtermijn van ten hoogste één maand.
• The consumer may terminate the agreements mentioned in the previous paragraphs: terminate at any time and not be limited to termination at a specific time or period; terminate at least in the same way as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

• A contract entered into for a definite period and which extends to the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
• Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this renewed contract by the end of the renewal with a notice period not exceeding one month.
• A fixed-term contract that has been concluded for the regular supply of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate it at any time with a notice period not exceeding one month. The notice period shall not exceed three months in case the contract is for the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
• A contract with a limited duration for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
• The period of notice shall not exceed one month in the case of a contract for the regular supply of daily or weekly newspapers and magazines by way of introduction.

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 period of not more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
• The consumer may terminate the contract at any time after one year with a notice period of not more than one month.



Article 15 - Payment

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• Payments are always made in advance unless you have chosen a postpayment method: these are Afterpay and Klarna. Subsequent payments are always made outside HiFi.eu! If you have chosen the Afterpay payment method, the entire invoicing process, together with its additional responsibilities and obligations, will be taken over by Arvato Finance B.V. whose registered office is at K.R. Poststraat 66, 8441 ER Heerenveen, the Netherlands. If you have chosen the Klarna payment method, the entire billing process, along with its additional responsibilities and obligations, will be taken over by Klarna Bank AB (publ), located at Sveavägen 46, 111 34 Stockholm.
• The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
• If the consumer does not timely fulfill his payment obligation(s), he is, after he has been pointed out by the entrepreneur to the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, on the amount still owed, the consumer owes the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from said amounts and percentages for the benefit of the consumer.



Article 16 - Complaints procedure

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• The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
• Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
• Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur 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.
• The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is susceptible to the dispute settlement.



Article 17 - Disputes

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• On agreements between the entrepreneur and the consumer to which these general terms and conditions relate, only Belgian law applies.



Article 18 - Additional or different provisions

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Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner by the consumer on a durable data carrier.

Article 18 - Additional or different provisions of these general terms and conditions