General conditions

Table of Contents

• Article 1 - Definitions
• Article 2 - Identity of the Entrepreneur
• 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
• Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs thereof
• Article 9 - Obligations of the Trader upon Withdrawal
• Article 10 - Exclusion of the Right of Withdrawal
• Article 11 - The Price
• Article 12 - Performance and Additional Warranty
• Article 13 - Delivery and Performance
• Article 14 - Duration Transactions: Duration, Termination and Renewal
• Article 15 - Payment
• Article 16 - Complaints
• Article 17 - Disputes
• Article 18 - Additional or Different Provisions

Article 1 - Definitions

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 are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader.
• Determination 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 personally addressed to him in a way that allows future consultation or use for a period appropriate to the purpose, 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, making exclusive use 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 provided 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 being together in the same room at the same time.

Article 2 - Identity of the Entrepreneur

Marketplace Distribution Services B.V. (business name HiFi.eu)
Dendermondsesteenweg 11, 2830 Willebroek (Belgium)
Telephone: +32 (0)3 226 34 14 (Mon–Fri 09:30–17:00)
Email: [email protected]
VAT number: BE-0736.857.332

Article 3 - Applicability

• 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 indicate how they can be viewed and that they will be sent free of charge at the consumer's request.
• If the distance contract is concluded electronically, the text may also be made available electronically in such a way that it can be stored by the consumer on a durable medium.
• If specific product or service conditions apply in addition to these general conditions, the consumer may always rely on the provision that is most favorable to him in the event of conflicting conditions.

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. Obvious mistakes or errors do not bind the entrepreneur.
• Each offer contains sufficient information so that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 - The Agreement

• The agreement comes into effect at the moment of acceptance by the consumer of the offer and fulfillment of the conditions.
• If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically.
• If the agreement is concluded electronically, the entrepreneur will take appropriate measures to secure electronic data transfer and ensure a secure web environment.
• The entrepreneur may, within legal frameworks, investigate whether the consumer can meet payment obligations. If justified, the entrepreneur may refuse an order or attach special conditions.
• At the latest on delivery, the entrepreneur shall provide the following in writing or on a durable medium: conditions of withdrawal, warranty details, price including all costs, delivery information, and payment arrangements.

Article 6 - Right of Withdrawal

For products:

• The consumer may cancel a contract within 60 days without giving reasons. The entrepreneur may ask but not oblige for a reason.
• The withdrawal period starts on the day the consumer or a third party receives the product.
• If multiple products are ordered, the period starts when the last product is received.
• If the delivery consists of multiple shipments or parts, the period starts when the last shipment is received.
• For recurring deliveries, the period starts upon receipt of the first product.

Extended cooling-off period: If the entrepreneur has not provided legally required withdrawal information, the period extends by 12 months. If the information is provided within this period, the cooling-off period ends 14 days after receiving the information.

Article 7 - Obligations of the Consumer

• During the reflection period, the consumer shall handle the product and packaging with care and only unpack/use it as necessary to assess its nature and functioning.
• The consumer is liable for depreciation if the product is handled beyond what is permitted.
• The consumer is not liable for depreciation if the entrepreneur did not provide proper withdrawal information.

Article 8 - Exercise of the Right of Withdrawal

• The consumer notifies the entrepreneur within the withdrawal period (e.g., by email to [email protected]).
• The consumer returns the product within 60 days after notification, unless the entrepreneur offered to collect it.
• Returns must include all accessories, original condition and packaging, and follow instructions provided.
• The consumer bears the direct cost of returning the product.

Article 9 - Obligations of the Trader upon Withdrawal

• The entrepreneur acknowledges receipt of a withdrawal notification if made electronically.
• The entrepreneur refunds all consumer payments, including standard delivery costs, within 14 days of receipt of the returned product.
• Refunds use the same payment method unless agreed otherwise.
• If the consumer chose a more expensive delivery method, only standard delivery costs are refunded.

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the following, if clearly stated before conclusion of the contract:

• Products/services subject to financial market fluctuations outside the entrepreneur’s control.
• Contracts concluded at a public auction.
• Service agreements fully performed with prior consent and acknowledgment of loss of withdrawal right.
• Custom-made products or those clearly personalized.
• Sealed products unsuitable for return for health/hygiene reasons once unsealed.
• Products irrevocably mixed with others after delivery.

Article 11 - The Price

• During validity, prices will not be increased except for VAT changes.
• Variable prices may apply for financial market-dependent products, if clearly stated.
• Price increases within 3 months are only allowed by law; after 3 months only if stipulated and the consumer can cancel.
• Prices include VAT.

Article 12 - Performance and Warranty

• The entrepreneur guarantees that products/services conform to the agreement, specifications, and legal standards.
• An additional warranty never limits the consumer’s statutory rights.
• Additional warranty means any commitment going beyond legal obligations.

Article 13 - Delivery and Performance

• Orders are executed with care. Delivery is at the address provided by the consumer.
• Orders will be executed within 30 days unless agreed otherwise. If delayed, the consumer may cancel without cost.
• Risk of damage/loss rests with the entrepreneur until delivery to the consumer or representative.

Article 14 - Duration Transactions

Termination:

• The consumer may terminate an indefinite contract for regular delivery with one month’s notice.
• A fixed-term contract may be terminated at the end of the term with one month’s notice.
• The consumer may always terminate contracts in the same way they were entered into.

Renewal:

• Fixed-term contracts may not be tacitly renewed for a definite period.
• Subscriptions for newspapers/magazines may be renewed for up to 3 months, with 1-month termination.
• Contracts for indefinite periods may be terminated by the consumer with one month’s notice.

Duration:

• If a contract exceeds one year, the consumer may terminate after one year with one month’s notice.

Article 15 - Payment

• Payments are made in advance unless AfterPay or Klarna is chosen. These providers handle invoicing independently.
• The consumer must immediately report inaccuracies in provided payment details.
• If the consumer does not pay on time, after a 14-day reminder the entrepreneur may charge statutory interest and collection costs.

Article 16 - Complaints

• The entrepreneur has a publicized complaints procedure and handles complaints accordingly.
• Complaints must be submitted promptly after discovery, fully and clearly described.
• Complaints are answered within 14 days. If more time is needed, the consumer will be informed when a detailed answer can be expected.
• If unresolved after 4 weeks, the consumer may escalate to dispute resolution.

Article 17 - Disputes

• Agreements between the entrepreneur and the consumer are governed by Belgian law.

Article 18 - Additional or Different Provisions

Additional provisions may not disadvantage the consumer and must be recorded in writing or on a durable medium accessible to the consumer.