GENERAL CONDITIONS FOR PURCHASING GOODS AND SERVICES FROM CALL INTERNATIONAL SPRL (CONSUMER)
Article 1 – Definitions
The following definitions apply to these General Terms and Conditions:
- Seller: CALL INTERNATIONAL SPRL, a legal entity that sells goods and services to buyers;
- Buyer: an individual who enters into, or intends to enter into, a contract with the Seller and who is doing so for reasons that do not fall within the remit of their business activity;
- Site: Call International SPRL’s website, that is, www.callinter.com;
- Remote Communications Method: a method that can be used to conclude a contract between the Buyer and the Seller without said parties being in the same room;
- Distance Contract: any contract entered into between the Seller and the Buyer within the framework of an organised system for selling or providing a service remotely, without the simultaneous physical presence of the Seller and the customer, through the sole use of one or more remote communications techniques, up to and including, the conclusion of the contract itself; in particular, a Distance Contract can be entered into by exchanging emails or once a Buyer makes an order via www.callinter.com;
- Off-premises Contract: any contract entered into in the simultaneous physical presence of the Seller and the Buyer, in a location other than the Seller’s registered office or operating centres;
- E-shop: all pages on the Site that are dedicated to the sale of goods and services via distance contracts;
- Cooling-off Period: the period in which the Buyer may avail themselves of their right to withdraw;
- Right to withdraw: the possibility for the Buyer to withdraw from the distance or Off-premises Contract during the cooling-off period;
- Day: calendar Day;
- Successive Transactions: a contract that refers to a series of goods and/or services for which the delivery and/or purchase commitment is staggered over time;
- Durable storage medium: any medium that allows the Buyer or Seller to record information in a manner that allows for subsequent consultation and reproduction of the recorded information as is.
Article 2 – Seller Details
CALL INTERNATIONAL SPRL:
Registered office: Waterloo Office Park, Drève Richelle 161/16 building C, B-1410 Waterloo, Belgium
CALL INTERNATIONAL Regus Offices, avenue Louise 65/11, B-1050 Brussels, Belgium
CALL INTERNATIONAL Waterloo Office Park, Drève Richelle 161/16 building C, B-1410 Waterloo, Belgium
CALL INTERNATIONAL Centre d’Affaires Natalis, rue Natalis 2, B-4020 Liège, Belgium
Phone Num. (9am–6pm, Monday–Friday): +32 2 353 13 00 (Waterloo), +32 2 644 95 95 (Brussels), +32 4 268 19 24 (Liège)
Email addresses: firstname.lastname@example.org, email@example.com, firstname.lastname@example.org
Fax: +32 2 353 08 09
Corporation and VAT number: BE 0452 980 892
Article 3 – Scope
- These General Terms and Conditions apply to any offer made by the Seller and any contract entered into between the Seller and the Buyer.
- The text of these General Terms and Conditions will be brought to the attention of the Buyer before the contract is entered into. At their request, these shall be sent to the Buyer free of charge and as soon as possible, so that the Buyer can save them to a Durable storage medium.
- Where specific conditions relating to the goods or services apply, in addition to these General Terms and Conditions, the second paragraph shall be applicable by analogy; in cases where these conflict with the General Terms and Conditions, the Buyer may always apply the applicable provision that is most favourable to them.
Article 4 – The Offer
- The offer includes a comprehensive and accurate description of the goods and/or services being offered. The description must be detailed enough to allow the Buyer to accurately assess the offer. Obvious errors or mistakes contained within the offer do not incur the Seller's liability.
- If an offer is subject to a limited period of validity or specific conditions, this shall be clearly stated in the offer.
Article 5 – The Contract
- The contract is formed when the Buyer accepts the offer and agrees to fulfil the conditions to which they are subject. In concrete terms, the contract shall be entered into:
- upon the delivery of the signed purchase order where the contract is entered into in the simultaneous physical presence of both parties (Off-premises Contract or contract entered into on the Seller’s premises);
- once the Buyer has confirmed their order on callinter.com or by email (sending the purchase order) when entering into a Distance Contract.
For the provision of services, on the other hand, the contract is entered into under the following suspensive conditions:
- for individual classes: a trainer must be available to teach the requested language at the requested times location;
- for group classes (for which the time and location are dictated by the Seller):
- the minimum number of participants specified in the description of the training has been reached;
- a trainer must be available to teach the requested language at the established times.
Therefore, the contract is entered into once the Buyer has confirmed their order, but its effects (the payment of the price, the moment at which the cooling-off period takes effect, etc.) will be delayed until the suspensive conditions have been fulfilled.
The Buyer shall not be required to pay for the service until the suspensive conditions have been fulfilled.
- The Seller shall immediately acknowledge receipt of the Buyer's order, either by delivering an acknowledgement of receipt on paper when the contract has been entered into in the simultaneous physical presence of both parties or electronically in the event of the contract being entered into remotely.
- For contracts that pertain to the provision of services, the contract is entered into under the suspensive condition(s) outlined in Article 5.1. Payment must be made within 72 hours of receiving the request for payment.
- The contract is made for a fixed period that is specifically indicated for each offer.
- For contracts that are entered into electronically, the Seller shall take the appropriate technical and organisational measures to secure the electronic transfer of data and shall be responsible for providing a secure Internet environment.
Article 6a – Right to withdraw when delivering goods (Distance and Off-premises Contracts)
- When purchasing goods by entering into a Distance or Off-premises Contract, the Buyer shall have the right to terminate the contract without providing a reason within fourteen days. This period begins on the Day on which the product is received by the Buyer or their representative.
- During this period, the Buyer must handle the goods and the packaging carefully. The Buyer must unpack or use the product only insofar as is necessary to judge whether they wish to keep the product or not. Should the Buyer avail themselves of their right to withdraw they must return the item to the Seller, as well as all of the accessories that were delivered with it, in its original state and packaging, as far as reasonably possible.
- The Seller will provide the Buyer with a withdrawal form template on its website (https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/Formulaire-de-retractation.pdf), which the Buyer may use to terminate the Distance or Off-premises Contract without providing a reason within 14 days, as outlined in paragraph 1. However, the Buyer shall retain the right to use other communications methods to exercise their right to withdraw.
Article 6b – Right of Withdrawal when providing services (Distance and Off-premises Contracts)
- When the provision of services is ordered by entering into a distance or Off-premises Contract, the Buyer shall have the right to terminate the contract without providing a reason, within fourteen days. This period begins on the Day in which the suspensive condition(s) outlined in Article 5.1 are fulfilled.
- The Seller will provide the Buyer with a withdrawal form template on its website (https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/Formulaire-de-retractation.pdf), which the Buyer may use to terminate the Distance or Off-premises Contract without providing a reason within 14 days, as outlined in paragraph 1. However, the Buyer shall retain the right to use other communications methods.
- Should the Buyer expressly request that the service begin before the end of the withdrawal period, they shall forfeit the right to withdraw.
Article 7a – Costs in the event of withdrawal when delivering goods (Distance and Off-premises Contracts)
- If the Buyer exercises their right to withdraw following the conclusion of a Distance Contract, they must bear responsibility for the resulting costs without being able to request compensation from the Seller.
- The Buyer shall also be responsible for the depreciation of the goods that results from any handling other that what is necessary to establish the goods’ nature, features and correct functioning.
- The Seller shall reimburse the order within 14 days of the Buyer exercising their right to withdraw.
However, the reimbursement shall be deferred until the goods have been returned or until the consumer has provided proof that they have sent the goods, with the earliest of these dates being applicable.
Article 7b – Costs in the event of withdrawal when providing services (Distance and Off-premises contracts)
- In accordance with Article 8, paragraph 2 of these General Terms and Conditions, the Buyer may not exercise their right to withdraw if they have expressly requested that the Seller begin providing the services before the cooling-off period has ended.
- If a Buyer who has not expressly requested that the Seller begin providing the services before the end of the cooling-off period exercises their right to withdraw within the aforementioned fourteen-Day period, no costs shall be incurred.
- The Seller shall reimburse the order within 14 days of the Buyer exercising their right to withdraw, provided that the Buyer has already paid for the order.
Article 8 – Exemptions to the right to withdraw (Distance or Off-premises Contracts)
- The right to withdraw shall not be applicable for goods and services:
- that have been made by the Seller in accordance with the Buyer’s instructions;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- for audio and video recordings, software where the Buyer has broken the seal and computer licences where the Buyer has already logged in.
- The right to withdraw is void for services where the provision has begun with the express consent of the Buyer before the cooling-off period has began, in accordance with Article 6b, paragraph 3.
Article 9 – The price
- The price of goods and/or services on offer shall not be increased during the validity period indicated on the offer, except for changes in price relating to changes in the VAT rate.
- As a derogation to the provision of the prior paragraph, the Seller may offer goods or services at variable prices. The prices of these are linked to fluctuations in the financial market that the Seller has no control over. This link to market fluctuations and the fact that the prices mentioned may be indicative shall be mentioned in the offer.
- Price increases within three months from the formation of the contract shall be permitted solely in cases where they result from legal indications or provisions. In such cases, the Buyer may terminate the contract on the Day that the price increase takes effect.
- The prices in the offer for goods or services shall include VAT.
Article 10 – Conformity and warranty
- The Seller undertakes for the goods and/or services to comply with the contract, the specifications indicated in the offer, reasonable requirements for quality and/or ease of use and the legal provisions and/or government guidelines that are in effect on the date that the contract is formed.
Article 11 – Delivery and execution
- The Seller shall take the utmost possible care when receiving and executing orders for goods and assessing requests for services.
- The delivery location is deemed to be the address communicated to the Seller by the Buyer.
- In accordance with the stipulations regarding this in Article 4 of these General Terms and Conditions, the company shall execute the accepted orders in a timely fashion and, at the latest, within 30 days. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the Buyer shall be informed of this fact no later than one month from the date on which they place their order. In such cases, the Buyer shall have the right to terminate the contract and request an equivalent item or compensation.
- In the event of a termination related to the previous paragraph, the Seller shall reimburse the amount paid by the Buyer as soon as possible and, at the latest, within 30 days from the date of the termination.
- If it is impossible to deliver an item that has been ordered, the Seller shall endeavour to make a replacement item available. It will be mentioned in a clear and understandable manner that a replacement item shall be delivered, no later than the date of delivery. The Buyer may return a replacement item. The right of withdrawal shall still apply for replacement items. The Seller shall be liable for return costs.
- The risk of damage and/or loss of goods shall be the responsibility of the Seller until the goods are received by the Buyer, unless there is an express agreement to the contrary.
Article 12 – Successive Transactions
- The Buyer may terminate a contract with an indefinite duration at any moment, in accordance with the termination rules outlined for this purpose and with a maximum notice of one month.
- A contract that has been entered into for a fixed period has a maximum duration of two years.
If it is agreed that the sales contract shall be extended in cases where the Buyer has not stated their opposition to such an extension, the contract shall continue as a contract with no fixed duration. After the extension of the contract, the notice period shall be a maximum of one month.
Article 13 – Payment
- All payments for goods ordered on-line (E-shop) must be made before the order is actually processed.
- For services that are ordered remotely, payment will be made via bank transfer, in accordance with the bank details communicated to the Buyer, as soon as the suspensive conditions outlined in Article 5.1 of these conditions have been fulfilled and, at the latest, within 72 hours of receiving the request for payment.
- For contracts that are entered into at one of the Seller’s premises, the payment for orders of goods shall be made on the spot. For orders of services,
- since advance payment is a requirement to receive goods or services, the Buyer may not assert their rights regarding the execution of the order until the advance payment has been made.
- The Buyer shall be responsible for immediately notifying the Seller of inaccuracies in the payment provided or the specifications.
- In the event of a failure on the part of the Buyer to pay for goods or services ordered within 72 hours of the order, once the suspensive clauses have been fulfilled, a penalty of 10% of the total of the order shall be owed to the Seller as damages and interest. No prior notice shall be required. Said penalty shall also apply in cases where the Seller defaults once the suspensive clauses have been fulfilled.
- An invoice for the total of the training shall be sent to the Buyer once the training begins.
Article 14 – Modification of the schedule or cancellation of classes
- The dates and times of private and semi-private training sessions shall be established at the beginning and may be modified at the request of either party. Said request must be addressed to the other party no later than two days before the planned meeting with the trainer, before noon. After this, the lesson that is not attended shall be considered to be given and must be paid for.
- The dates and times for private and semi-private communications training are established before the beginning of the session and may not be changed. In exceptional cases, where the Seller agrees to extend the training over more than two days, at the request of the Buyer, the schedule may be modified after the session has begun. The request for a change must be made by the Buyer no later than two days before the planned meeting with the trainer, before noon. After this, the lesson that is not attended shall be considered to be given and must be paid for.
- Any communications training that is not private or semi-private, or any intensive training, may only be rescheduled if the Buyer makes the request at least 14 calendar days before the training begins.
- The dates and times for group training cannot be changed. Any lesson that is not attended shall be considered to be given and must be paid for.
- Any person that quits training remains responsible for the total cost of the training.
- Private or semi-private training that has been suspended for more than 90 days at the request of the Buyer, in accordance with the conditions outlined in Article 14.1 above, shall automatically be considered to be complete.
Article 15 – Processing Complaints
- Complaints relating to the execution of the contract must be submitted to the Seller in writing (email, fax, post, etc.) within 30 days of the Buyer noticing the fault. The complaint must be justified and described comprehensively and clearly.
- Complaints that are communicated to the Seller shall receive a response as soon as possible and, at the latest, within 14 days of the date of receipt. If a complaint requires a longer processing period than expected, the Seller shall respond within 14 days to acknowledge receipt and indicate when the Buyer may expect a more detailed response.
Article 16 – Disputes
- The contracts that have been entered into between the Seller and the Buyer and to which these General Terms and Conditions refer, are exclusively governed by Belgian law.
- The Courts of Walloon Brabant, the plurality of defendants or an appeal notwithstanding, shall have sole jurisdiction in the event of a dispute.
Article 17 – Miscellaneous
The nullity of one of the clauses in these General Terms and Conditions does not nullify the other clauses under any circumstances.