GENERAL TERMS AND CONDITIONS OF SALES SANOMA MEDIA BELGIUM NV (version dated 4 February 2016)
1. Applicable terms and conditions
1.1. The acceptance of an offer or the placement of an order or making of a purchase shall mean that the customer has consented to the applicability of these general terms and conditions, to the exclusion of all other conditions. These conditions annul and supersede all previous ones.
1.2. Deviations from the present general terms and conditions may only be made in writing, in which case the remaining provisions shall remain fully in force without reduction.
1.3. All rights and claims under these general terms and conditions stipulated in favour of Sanoma Media Belgium shall apply equally to third parties that may be engaged by Sanoma Media Belgium.
2. Offers and agreements
2.1. A definitive sales agreement shall be said to have been concluded between the customer and Sanoma Media Belgium from the moment that Sanoma Media Belgium receives the order from the customer. The customer shall subsequently receive a confirmation of the same by e-mail (in case of an online order). Sanoma Media Belgium may however decide to make the validity of the agreement subject to other terms and conditions, for example, in case of important orders or prepayments, orders made by minors or persons declared to be incompetent, if the order is incomplete or incorrect, or if payment for previous orders has not taken place in the required manner. Sanoma Media Belgium also reserves the right to refuse any order. Sanoma Media Belgium can take this decision at its own discretion and without the need to provide any further justification for the same. It shall notify the customer of such decision. If on the basis of the order, the customer does not receive any confirmation by e-mail, the order shall possibly not be processed and/or it is possible that an error may have occurred (for example, wrong e-mail address, spam filter, etc.). Please contact our customer service at +32 2 309 29 02 of via email@example.com in case of any problems.
2.2 Right of withdrawal
In accordance with Section VI.47 of the Code of Economic Law, and except in the cases listed below (and in Section VI.53 of the Code of Economic Law), the customer shall have the right to withdraw from the agreement without stating the reasons for the same, subject to the fulfilment of the following modalities:
- Withdrawal period: The period within which the customer may withdraw, has expired:
- in case of agreements relating to regular delivery of goods during a specific period: 14 days after the day on which the customer or a third party designated by him, other than the carrier, has already acquired physical possession of the first good. However, for agreements relating to digital content that is not delivered on a tangible medium, a special arrangement shall apply (see further under ‘d’).
- for individual goods: 14 days after the day on which the customer or a third party designated by him, other than the carrier, acquires physical possession of the goods.
- if under the same order, the customer has ordered several goods that are delivered separately: 14 days after the day on which the customer or a third party designated by him, other than the carrier, acquires physical possession of the last good.
- if the delivery of a good consists of multiple shipments or lots, 14 days after the day on which the customer or a third party designated by him, other than the carrier, acquires physical possession of the last shipment or the last lot;
-in case of service contracts or agreements for the delivery of digital content that is not delivered on a tangible medium: 14 days after the day on which the agreement is concluded, notwithstanding the exceptions provided under Section VI.53 (1 and 13) of the Code of Economic Law (see further; under d).
- Exercise of the right of withdrawal: In order to exercise the right of withdrawal, the customer shall notify Sanoma Media Belgium of his decision to withdraw from the agreement through an unambiguous declaration (for example, in writing, by post, fax or e-mail). For this purpose, he may make use of the standard withdrawal form provided for this purpose, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
- Consequences of withdrawal: If the customer withdraws from the agreement, all payments that he has made until that time to Sanoma Media Belgium shall be reimbursed to him, including delivery costs (except for extra costs if any in case you choose a method of delivery other than the cheapest standard delivery offered by Sanoma) immediately, but in no case more than 14 days after Sanoma Media Belgium has been notified of his decision to withdraw from the agreement. Sanoma Media Belgium shall reimburse the customer using the same payment method with which the original transaction was made, unless he has expressly agreed otherwise; in any case, no costs shall be charged to him for such reimbursement. Sanoma Media Belgium may wait before making the reimbursement until it has received back the goods, or the customer has proved that he has returned the goods, whichever comes first. The customer shall return or hand over the goods immediately to Sanoma Media Belgium, but in no case no later than 14 days after the day on which he has notified the decision to withdraw from the agreement to Sanoma Media Belgium (or, wherever applicable, to whoever is expressly authorised by Sanoma to receive the goods). The customer shall be deemed to have met the deadline if he returns the goods before the expiry of the period of 14 days. The customer shall bear the direct costs of returning the goods. The costs are estimated at a maximum of around 15 EUR. The products shall be returned in a complete and undamaged condition and in the original packaging, wherever applicable in the box in which the customer received the same, to the address appearing on the box or notified at the time of the original dispatch, and according to the guidelines if any attached. The customer shall be liable for the reduction in value of the goods caused by any handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. Insofar as the customer still wishes to exercise the right of withdrawal referred to in the present clause, he shall not use the products during the withdrawal period in a manner that damages them or reduces their value. If the quality of the products is damaged, if the returned products are not complete and/or if the principles stipulated in this clause are not duly complied with, Sanoma Media Belgium expressly reserves the right to refuse to accept the returned articles and/or to demand damage compensation for any loss of value.
- In accordance with Section VI.53 of the Code of Economic Law, the customer cannot exercise the right of withdrawal for:
- service contracts after full execution of the service, if the service has been commenced with the express prior consent of the customer, and provided the customer has acknowledged that he has lost his right of withdrawal as soon as the undertaking has fully performed the agreement; for such services, the customer shall be deemed, by placing the order or making the purchase, and accepting the current general terms and conditions, to have also expressly accepted that the execution shall commence immediately after the conclusion of the agreement (and therefore within the basic withdrawal period of 14 days after the date of concluding the agreement), and acknowledges that he will lose his right of withdrawal as soon as the undertaking has fully performed the agreement;
- the delivery or provision of goods or services, the price of which is subject to fluctuations in the financial market, and over which the undertaking has no control, which may occur during the withdrawal period;
- the delivery of goods manufactured according to the customer’s specifications, or that are clearly intended for a specific person;
- the delivery of goods that spoil quickly or have a limited shelf life;
- the delivery of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and the seal of which has been broken after delivery;
- the delivery of goods which, due to their nature, are irretrievably mixed with other products after delivery;
- the delivery of alcoholic beverages, the price of which is agreed at the time of concluding the sales agreement, but the delivery of which can only be made after 30 days, and the actual value of which depends on fluctuations of the market over which the undertaking has no control;
- agreements in which the customer has specifically requested the undertaking to visit him in order to carry out urgent repairs or maintenance; if however, during such a visit, the undertaking provides additional services that the customer has not explicitly requested, or delivers goods other than spare parts that are necessarily used to carry out the maintenance or repairs, the right of withdrawal shall apply to such additional goods or services;
- the delivery of sealed audio and video recordings and computer software, the sealing of which has been broken after delivery;
- the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
- agreements that are concluded at a public auction;
- the provision of accommodation otherwise than for residential purposes, freight transport, car lease services, catering and services relating to leisure activities, if the agreements provide for a specific date or period of execution;
- the delivery of digital content that is not delivered on a tangible medium, if the contractual performance has commenced with the express prior consent of the customer and provided the customer has acknowledged that he will thereby lose his right of withdrawal; for such agreements, the customer also expressly agrees by placing the order or making the purchase, and the acceptance of the current general terms and conditions, that the performance of the contract shall be commenced immediately after the agreement is concluded (and therefore still within the basic withdrawal period of 14 days after the date of concluding the agreement), and recognises that he will thereby lose his right of withdrawal;
- the agreements for betting and lotteries.
2.3. Each offer of a product shall apply only until the stocks are exhausted. Sanoma Media Belgium shall strive to keep each product available to the best of its ability. Sanoma Media Belgium may also not be held liable for the unavailability of a product. If a product is no longer in stock, Sanoma Media Belgium shall notify this to the customer as soon as possible, after which the customer may decide to cancel his order.
2.4. The delivery shall be made exclusively within the territory of Belgium, the Netherlands, Luxembourg and France. Orders/deliveries outside this territory shall not be accepted unless a product is explicitly offered there.
2.5. The subscription offers on this website are only valid for persons/families who had no subscription to the selected title(s) at the same address in the last 3 months. The preferential rate shall apply for at least 1 year (unless otherwise specified), irrespective of price increases if any during the year.
2.6. Sanoma Media Belgium cannot be held liable at any time for damage or loss that may arise from the discontinuation and/or disappearance of a magazine from the market.
2.7. A subscription to digital content with automatic extension can be terminated by the customer at any time. The subscription shall in that case end after the last day of the month of the termination.
3. Prices & payment
3.1. The prices that apply at the time of the order shall apply. All mentioned prices shall be expressed in euros, including the VAT as required by law, including the Recupel contribution if applicable, and excluding shipping costs, unless otherwise indicated or agreed in writing.
3.2. Sanoma Media Belgium expressly reserves to itself the right to revise the prices, its rates and/or the offer (for example, discontinuing or launching of a magazine, changes in the periodicity, changes in the number of editions through price adjustment, etc.) and to rectify errors if any. If consequently the customer suffers a disadvantage, he shall be notified accordingly in writing and shall have the right to terminate the order within ten days after taking cognisance thereof.
3.3. Sanoma Media Belgium cannot be held liable for printing mistakes or other errors if any in its prices or terms and conditions, or for any errors in the product descriptions and/or images.
3.4. For all purchases, Sanoma Media Belgium accepts payments by credit card as well as via bank transfer (unless otherwise specified). If you choose to pay by credit card, you grant Sanoma Media Belgium, or its subcontractors or suppliers who provide the payment services, the right to check whether your credit card is valid and whether an adequate spending limit is available before processing your order, to debit the purchase price and to reserve this amount before the purchase. In case of payment via bank transfer, the products shall be sent after receipt of the payment by Sanoma Media Belgium.
3.5. Interest on arrears shall be payable at the rate of ten percent (10%) on an annual basis on all amounts still outstanding, with effect from the due date of the invoice, by operation of law and without the need to issue a prior notice of default for the same, whereby each month shall be treated as an expired month. Fifteen percent (15%), subject to a minimum of twenty-five euros (€ 25) shall also automatically be payable on the outstanding amounts and by operation of law. In addition, all judicial and collection costs shall be paid for by the customer.
4.1. The product shall be delivered at the delivery address that the customer has specified at the time of his order. For a subscription, the customer can notify a change of address via the Subscription Service, at the number +32 2 309 29 02 or via his profile. The delivery costs of the subscription shall be borne by Sanoma Media Belgium, and are therefore included in the price of the subscription.
4.2. The specification of deadlines in connection with the delivery is only indicative. In case of subscriptions, the delivery period depends on the publication dates of the magazine ordered. Sanoma Media Belgium shall strive to respect this deadline, but cannot be held liable if this period is exceeded.
5. Right of retention of title
5.1. All articles shall remain the exclusive property of Sanoma Media Belgium until the same are fully paid for.
6. Complaints & guarantee
6.1. If the product that the customer receives is not the product that he had ordered, or if it arrives in a damaged condition, he can return such product to Sanoma Media Belgium following the same procedure and subject to the same conditions as described under Clause 2.2, within fourteen working days, following the day after the date of delivery of the product. Sanoma Media Belgium shall, from the time it has received the returned article, then send the customer a new product or the correct product. The customer shall also not pay any additional shipping costs for the same.
6.2. The customer shall, at the time of purchase of one or more products, be covered under the statutory guarantee and the protection as provided under the Law of 1 September 2004 concerning the protection of consumers in relation to the sale of consumer goods, for any non-compliance that the customer was not aware of or was not required to be aware of at the time of concluding the agreement. The customer shall notify Sanoma Media Belgium of any non-compliance within the meaning of the aforementioned law, in writing, no later than within two months from the date on which the customer has detected the defect.
6.3. For any complaint or question whatsoever, the customer may contact the Sanoma Media Belgium customer service via the information specified below these terms and conditions. Sanoma Media Belgium shall apply the best means at its disposal to handle complaints or questions within 10 working days. In addition, for the extrajudicial settlement of a dispute the customer may approach the Belgian federal Consumer Ombudsman Service (COD); North Gate II, Koning Albert II-laan 8, 1000 Brussels, Tel: +32 2 702 52 00; Fax: +32 2 808 71 20; E-mail: firstname.lastname@example.org; Website: www.consumentenombudsdienst.be. In addition, disputes arising from online transactions may be placed before the European Union Online Dispute Resolution (ODR) Platform; http://ec.europa.eu/consumers/odr/.
7. Loss or theft
7.1. Sanoma Media Belgium shall bear the risk of loss or theft until the delivery of the product to the customer. The customer shall also notify the non-delivery to Sanoma Media Belgium within a period of 14 working days, to be counted from the date on which the customer placed the order. Such notification shall be made via email@example.com or by telephone at +32 2 309 29 02. Sanoma Media Belgium reserves the right to refuse the customer’s request if the same happens outside the aforesaid period.
7.2. Sanoma Media Belgium is not liable for damage, loss or theft of the product after the delivery of the same.
8. Force majeure
8.1. Sanoma Media Belgium can never be held liable for full or partial non-fulfilment of its obligations insofar as such non-fulfilment can be ascribed to an event deemed equivalent to force majeure, i.e. an event that makes it reasonably impossible for Sanoma to fulfil its obligations. The following shall be regarded as force majeure, without this list being exhaustive: fire, storm or severe weather conditions, flooding, war, attacks, strikes, lock-out, interruptions of postal services and/or of communication means, etc.
9.1. The invalidity of one of the clauses of these general terms and conditions shall not affect the legal validity of the other provisions under any circumstances.
9.2. If any part of these general terms and conditions is declared to be excessively wide in scope, such provision shall, notwithstanding this fact, be deemed to be enforceable to the maximum extent permissible under the law.
9.3. If any part of these terms and conditions is deemed invalid, Sanoma reserves the right to substitute this part with another modified provision.
10. Applicable law and jurisdiction
10.1. All rights, obligations and offers to which these general terms and conditions are applicable, as well as the general terms and conditions themselves and every agreement, shall be exclusively subject to the laws of Belgium.
10.2. All disputes between parties shall be subject to the exclusive jurisdiction of the courts and tribunals having jurisdiction over the judicial district of Brussels.
11. Address details
Sanoma Media Belgium NV
Registered office: Stationsstraat 55, B-2800 Mechelen, Belgium
VAT BE 404.802.477, Register of Legal Entities in Mechelen
For all questions relating to orders, please contact our customer service via firstname.lastname@example.org or by telephone at +32 2 309 29 02.