General terms and conditions

Article 1 - Definitions

In these terms and conditions the following definitions apply:

Ancillary agreement: an agreement 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 relating 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 defined period of time;
Durable medium: any device - including e-mail - which enables the consumer or trader to store information addressed personally to him in a way which allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
Right of withdrawal: the consumer's option 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 organised distance sales system of 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

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

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader 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 in what way the general terms and conditions can be inspected at the entrepreneur's premises 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, 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 it can be stored by the consumer in a simple manner 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 electronically or otherwise free of charge at the consumer's request.
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 favourable to him.

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, 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 truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious 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.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the terms and conditions laid down.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall 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, giving reasons.
The entrepreneur shall, at the latest on delivery of the product, service or digital content to the consumer, send 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:
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

For products:

The consumer may dissolve an agreement related to the purchase of a product during a reflection period of up to 60 days without giving 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 trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
if the delivery of a product consists of several 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 given period: the day on which the consumer, or a third party indicated 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 the 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 12 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 expires 14 days after the day on which the consumer received that information.

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

During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
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 did not provide him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

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

If the consumer exercises his right of withdrawal, he shall notify the trader within the withdrawal period by sending an email to info@mardis.eu or in another unambiguous manner.
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 over to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has complied with 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 delivered accessories, 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 entrepreneur bears the direct costs of returning the product.

Article 9 - Obligations of the trader in case of withdrawal

If the trader enables the consumer's notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay upon receipt of this notification.
The entrepreneur shall reimburse all payments made by 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 returned the product to him.
The entrepreneur will use the same means of payment used by the consumer for reimbursement, 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

The Entrepreneur can exclude the following products and services from the right of withdrawal, but only if the Entrepreneur clearly stated this when making the offer, or at least in good time before concluding the contract:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence 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 guidance 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:
performance has begun with the consumer's express prior consent; and
the consumer has declared that he loses his right of withdrawal once the trader has fully performed the contract;

Customised products made to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision made by the consumer (customisation), or which are clearly intended for a specific person;
Sealed products that are not suitable to be returned 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 started 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 validity period stated in the offer, the prices of the products and/or services on offer 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 over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be stated with 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 allowed if the entrepreneur has stipulated them and: a. they are the result of legal regulations or provisions; or b. the consumer is authorised 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 - Fulfilment of agreement and additional guarantee

The entrepreneur 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 and/or government regulations existing on the date of 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 can enforce against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
An extra guarantee is understood to mean 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 fulfil his part of the agreement.

Article 13 - Delivery and performance

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 collection point within a reasonable distance from the address made known.
Subject to what is stated in article 4 of these general terms and 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 be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to possible compensation.
After dissolution in accordance with the previous paragraph, the trader will refund 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 explicitly agreed otherwise.

Article 14 - Duration transactions: duration, termination and extension

Cancellation:

The consumer may at any time terminate an open-ended contract that has been concluded for the regular supply of products (including electricity) or services, subject to agreed termination rules and a period of notice that does not exceed one month.
The consumer may terminate an open-ended contract that has been concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a period of notice that does not exceed one month.
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 in a specific 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.

Extensions:

An agreement entered into for a definite period and which extends to the regular delivery 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 delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract by the end of the renewal with a notice period not exceeding one month.
A fixed-term contract which has been concluded for the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a notice period not exceeding one month. The period of notice shall not exceed three months if the contract is for the regular delivery of daily or weekly newspapers and magazines, but less than once a month.

Duration:

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

Article 15 - Payment

Payments are always made in advance unless you have chosen a post-payment method: these include Afterpay and Klarna. Subsequent payments always take place 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., located at K.R. Poststraat 66, 8441 ER Heerenveen, the Netherlands. If you have opted for the Klarna payment method, the entire invoicing process, together with its additional responsibilities and duties, will be taken over by Klarna Bank AB (publ), based at Sveavägen 46, 111 34 Stockholm.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer does not fulfil his payment obligation(s) on time, he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfil his payment obligations, after the non-payment within this 14-day period, due the legal interest on the amount still due 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

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints 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

On agreements between the trader and the consumer to which these general terms and conditions apply, only Belgian law applies.

Article 18 - Additional or different provisions

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 by the consumer in an accessible manner on a long-term data carrier.

General terms and 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

For products:

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

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

Article 9 - Obligations of the trader in case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Fulfilment of agreement and additional guarantee

Article 13 - Delivery and performance

Article 14 - Duration transactions: duration, termination and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or different provisions