Article 1 - Definitions
For the purposes of these terms and conditions:
- Entrepreneur (seller): Heliventure FTO nv, Fabriekstraat 38, 2547 Lint, BTW BE0464.365.371, again specified in Article 2 of these conditions;
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the seller;
- Distance contract: an agreement whereby, within the framework of a system organized by the seller for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time;
- Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Day: calendarday;
- Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the seller
Heliventure FTO NV
2547 LINT (BE)
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these 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 terms and conditions can be inspected at the operator and they will be sent to the consumer free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
Article 4 - The offer
- If an offer has a limited period of validity 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 and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur 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 entrepreneur.
- 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 costs of delivery;
- the manner in which the agreement will be concluded and what actions will be necessary for that purpose;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or execution of the agreement;
- the period for accepting the offer, or the period for honouring the price;
- the level of the tariff for distance communication if the cost of using the means of distance communication is calculated on a basis other than the basic tariff;
- if the contract is archived after its conclusion, in what way it can be consulted by the consumer;
- the manner in which the consumer can become aware of actions he does not wish to take before the contract is concluded, as well as the manner in which he can rectify these actions before the contract is concluded;
- any languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of an agreement for continuous or periodic delivery of products or services.
Article 5 - The Agreement
- The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- If the consumer has accepted the offer by electronic means, the consumer confirms that he has read this agreement and without any reservation in court.
- If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The Entrepreneur will include the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
- the visiting address of the establishment of the entrepreneur to which the consumer can turn with complaints
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
- information on existing after-sales service and warranties;
- the data included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these data prior to the execution of the agreement;
- the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
- If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6a - Right of withdrawal on delivery of products
- When purchasing products , the consumer has the option of dissolving the contract without giving reasons for a period of fourteen days. This period commences on the day after receipt of the product by or on behalf of the consumer. This rule does not apply to vouchers, flights, customized products or electronic books.
- During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur and at his own expense.
Article 6b - Right of withdrawal in case of supply of services
- When providing services, the consumer has the option of dissolving the contract without giving any reason to dissolve for fourteen days, commencing on the day of entering into the agreement but before the services are commenced or delivered. This rule does not apply to vouchers, flights, customized products or electronic books.
- In order to exercise his right of withdrawal, the consumer will focus on the trader in the offer and / or no later than 24 hours before delivery and in accordance with the provided reasonable and clear instructions.
Article 7 - Costs in case of revocation
- If the consumer makes use of his right of withdrawal, at most the costs of returning the goods shall be borne by him.
- The entrepreneur will reimburse all payments received from the consumer, excluding (if necessary) delivery costs, bank charges, and this immediately and in any case within 14 days after the day on which she is informed of the consumer's decision to revoke the contract.
- The trader shall carry out the refund using the same means of payment as that used by the consumer during the original transaction, unless the consumer has expressly agreed to another means of payment and on the understanding that the consumer may not incur any costs as a result of such a refund.
- The additional costs resulting from the consumer's express choice to opt for a method of delivery other than the cheapest standard delivery offered by the business will not be refunded by the trader.
- Unless the enterprise has offered to collect the goods itself, the enterprise may, in sales contracts, wait for the reimbursement until it has received back all the goods or until the consumer has proved that he has returned the goods, whichever is the earliest. In the case of products, reimbursement shall be made as soon as the enterprise has checked the condition of the returned goods.
Article 8 - Exclusion of right of withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the trader if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
- Exclusion of the right of withdrawal is only possible for:
- service contracts after full performance of the service if performance has begun with the consumer's express prior consent, and provided that the consumer has acknowledged that he loses his right of withdrawal once the undertaking has fully performed the contract;
- the supply or provision of goods or services the price of which is subject to fluctuations in the financial market which are beyond the company's control and which may occur within the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalised;
- the supply of goods that spoil quickly or have a limited shelf life;
- the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- the delivery of goods which, after delivery, by their nature, have been irrevocably mixed with other products;
- the supply of alcoholic beverages the price of which has been agreed upon at the time of the conclusion of the sales contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the company has no influence;
- contracts where the consumer has specifically requested the undertaking to visit him in order to carry out urgent repairs or maintenance; however, where, during such a visit, the undertaking provides additional services not specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repairs, the right of withdrawal shall apply to those additional services or goods;
- the delivery of sealed audio and sealed video recordings and sealed computer software the seal of which has been broken after delivery;
- the supply of newspapers, magazines or periodicals, with the exception of contracts for subscription to such publications;
- contracts concluded during a public auction;
- the provision of accommodation other than for residential purposes, transport, car rental services, catering and leisure services, if the contracts provide for a specific date or period of performance;
- the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the consumer's express prior consent and provided that the consumer has acknowledged that he thereby loses his right of withdrawal;
- contracts for betting and lottery services.
- the agreement for the delivery of airline tickets, vouchers, vouchers, gift vouchers, courses or books in electronic form.
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 due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any listed prices are target prices, are mentioned in the offer.
- Price increases within 3 months after the conclusion of the contract 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 allowed if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the contract on the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services are inclusive of VAT.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations.
- An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer in respect of a breach of the obligations of the entrepreneur against the entrepreneur can assert under the law and / or the remote agreement.
Article 11 - Delivery and execution
- The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
- The place of delivery shall be the address that the consumer has given to the company.
- Subject to what is stated in article 4 of these general terms and conditions, the company will expeditiously execute accepted orders, unless a certain or longer delivery period has been agreed. If delivery is delayed, or if an order can not or only partially be carried out, the consumer will be informed no later than one month after he placed the order. In that case, the consumer has the right to dissolve the agreement free of charge, to request an equivalent replacement product, or to obtain any compensation.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
- In the case of helicopter flights purchased without a specific execution date, the voucher or order will remain valid until the flight has been executed in its entirety but without exceeding the date stated on the voucher. In the event that the flight has to be cancelled on a specific date due to meteo, technical problems or restrictions due to air traffic safety, pandemic or public health reasons, the company will guarantee the consumer that the flight can be executed at the earliest opportunity. The postponement or relocation of the flight for the reason mentioned in this article shall never constitute grounds for cancellation of the order, reimbursement or compensation.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Duration transactions
- The consumer may terminate an agreement entered into for an indefinite period of time at any time subject to the agreed termination rules and a notice of up to one month.
- A fixed-term contract has a maximum term of two years. If it is agreed that in case of silence of the consumer the distance contract will be extended, the contract will be continued as a contract for an indefinite period of time and the notice period after continuation of the contract will be a maximum of one month.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid when ordering in the webshop.
- When selling products to consumers, general terms and conditions may stipulate a partial or full prepayment (during the withdrawal period). If an advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted within a reasonable time, fully and clearly described to the entrepreneur, 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 foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint about a product, service or service of the entrepreneur can also be submitted via a complaint form on the consumer page of the website of BeCommerce. www.BeCommerce.be The complaint will then be sent both to the entrepreneur in question and to BeCommerce.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
Article 15 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Belgian law. Only the courts of the district of Mechelen & Antwerp are competent to adjudicate.
Article 16 - Additional or different provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 17 - Amendments to the general conditions of Heliventure FTO nv
Amendments to these terms and conditions shall only be effective after they have been published in an appropriate manner, on the understanding that in the event of any applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.
Article 18 - Identity theft and credit card fraud
To ensure the safety of your online visit, Heliventure FTO nv works exclusively with recognised security partners. Loss or theft of your identity information is thus kept to a minimum. Heliventure FTO nv believes it has taken all possible and relevant precautions and thus acts as a normal, forward-looking and careful online intermediary. Possible identity theft or (financial) theft can therefore not be invoked against Heliventure FTO nv.
Date of last update of these conditions: 28/02/2020
Please note: the Standard Conditions of Sale of Heliventure FTO NV also remain applicable.