CALL INTERNATIONAL SPRL
GENERAL TERMS AND CONDITIONS OF REMOTE PURCHASE OF PRODUCTS AND SERVICES
Article 1 – Definitions
In these general terms and conditions, the terms below have the following definitions:
- Seller: the company CALL INTERNATIONAL sprl, a legal entity that sells products and services remotely, to buyers;
- Buyer: the physical person or legal entity that concludes a distance contract with the seller;
- Site: the Call International sprl website, i.e. www.callinter.com;
- Remote communication technique: method that can be used to conclude a contract between the buyer and the seller without them being in the same room;
- Distance contract: any contract concluded between the buyer and the seller within the framework of an organised remote sale or service system, without the simultaneous physical presence of the seller and the consumer, using one or more remote communication techniques, up to and including the moment when the contract is concluded; a distance contract is concluded as soon as the buyer generates an order on the www.callinter.com website.
- E-shop: all the website pages dedicated to the sale of products and services through distance contracts.
- Cooling-off period: the period during which the buyer can exercise their right to withdraw;
- Right to withdraw: the possibility the buyer has to cancel the distance contract during the cooling-off period;
- Day: calendar day;
- Scheduled delivery contract: a distance contract involving a series of products and/or services with a delivery and/or purchase commitment that is staggered over time;
- Durable information storage medium: any medium on which the buyer or the seller is able to record information allowing for it to be viewed and reproduced unchanged at a later stage.
Article 2 – Seller's identity
CALL INTERNATIONAL sprl is:
Registered offices: Waterloo Office Park, Drève Richelle 161/16 bâtiment 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 bâtiment C, B-1410 Waterloo, Belgium
CALL INTERNATIONAL Centre d’Affaires Natalis, rue Natalis 2, B-4020 Liège, Belgium
Telephone (from 9am to 6pm, Monday to Friday): +32 (0) 2 353 13 00 (Waterloo), +32 (0) 2 644 95 95 (Brussels), +32 (0) 4 268 19 24 (Liège)
Email addresses: firstname.lastname@example.org, email@example.com, firstname.lastname@example.org
Fax: +32 (0) 2 353 08 09
Company and VAT number: BE 0452 980 892
Article 3 – Scope of application
- These general terms and conditions apply to any offer made by the seller and any distance contract concluded between the seller and the buyer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the buyer. At the buyer's request, they will be sent free of charge and as soon as possible so that the buyer can easily save them on a durable information storage medium.
- Should specific terms and conditions relating to the products and services be applicable, in addition to these general terms and conditions, the second paragraph is applicable by analogy and, in case of contradiction, the buyer may always invoke the applicable provision most favourable to them.
Article 4 – The offer
- The offer includes a comprehensive and precise description of the products and/or services on offer. The description is sufficiently detailed for it to be possible for the buyer to make an accurate assessment of the offer. Errors or mistakes contained in the offer do not under any circumstances incur the seller's liability.
- If an offer has a limited validity period or conditions, this will be explicitly stated in the offer.
Article 5 – The contract
- The contract is formed when the buyer accepts the offer and accepts to fulfil the corresponding conditions. In practical terms, the contract will be concluded when the buyer has confirmed their order on the website www.callinter.com or confirmed their order by email (sending the purchase order).
For services, the contract is however concluded under the condition precedent(s) that:
– for individual lessons: a trainer is available to teach the requested language at the desired times and at the requested venue;
– for group lessons (for which the time and the venue are set by the seller):
- the minimum threshold of 4 participants is reached;
- for group lessons: a trainer is available to teach the requested language at the times set.
The contract is therefore concluded as soon as the buyer has confirmed his/her order but the effects (payment of the price, start of the withdrawal period, etc.) will be postponed until the condition precedent is fulfilled.
Payment for the service will only be required from the buyer after the condition precedent is met and the right to withdraw provided in article 6b will only start on the date the condition precedent is met.
- The seller acknowledges receipt of the buyer's order immediately, by electronic means.
- For contracts relating to services, the contract is concluded under the condition(s) previously mentioned in article 5.1. Once the preceding condition(s) are met, the seller will inform the buyer within 72 working hours. Payment must be made within 72 hours of the condition(s) being met.
- The contract is formed for a fixed term specified individually in each offer.
- As the contract is formed electronically, the seller must take the appropriate technical and organisational measures to secure the electronic transfer of data and and will provide a secure Internet environment. For payments made electronically via the website, the seller will take the appropriate security measures for this purpose.
Article 6a – Right to withdraw at product delivery
- When purchasing products, the buyer has the possibility of terminating the contract without giving a reason, within a period of fourteen days. This period starts from the day the product is received by the buyer or on their behalf.
- During this period, the buyer must handle the product and packaging with care. The buyer must unwrap or use the product only as necessary to be able to ascertain whether or not they wish to keep the product. If the buyer exercises their right to withdraw, they must return the product and all the accessories delivered simultaneously to the buyer and – if it is reasonably possible – in their original condition and packaging.
- The seller will provide the buyer with a template withdrawal form, on their website, that the buyer may use to terminate the contract without giving a reason within the 14-day period referred to in paragraph 1. The buyer does; however, remain free to use another method of communication to exercise their right to withdraw.
Article 6b – Right to withdraw from services
- When services are provided, the buyer has the possibility of terminating the contract without giving a reason, within a period of fourteen days. This period starts from the day the condition(s) previously referred to in article 5.1. are met.
- The seller will provide the buyer with a template withdrawal form, on their website, that the buyer may use to terminate the contract without giving a reason within the 14-day period referred to in paragraph 1. The buyer does; however, remain free to use another method of communication.
- If the buyer explicitly requests that the service begins before the end of the withdrawal period, they lose the right to withdraw.
Article 7a – Costs in case of withdrawal at product delivery
- If the buyer exercises his/her right to withdraw, they must cover the resulting costs, without being able to claim reimbursement from the seller.
- The buyer will also be responsible for depreciation of the product resulting from handling other than necessary to establish the nature, features and correct operation of the product.
- Reimbursement for the order will be made by the seller within 14 days of the buyer exercising their right to withdraw.
Reimbursement will; however, be deferred until the product is received or until the consumer has provided proof that it has been dispatched, the date of the first event being used.
Article 7b – Costs in case of withdrawal from services
- Pursuant to article 8, para. 2 of these general terms and conditions, the buyer cannot exercise their right to withdraw if they have explicitly requested that the seller (by ticking the right box when placing their order) starts the service before expiry of the withdrawal period.
- If the buyer (who has not explicitly requested that the seller start the service before expiry of the withdrawal period) exercises their right to withdraw within the aforementioned 14-day period, no cost will be owed.
- Reimbursement for the order will be made by the seller within 14 days of the buyer exercising their right to withdraw, as long as the buyer has already paid for the order.
Article 8 – Exclusion from the right to withdraw
- The right to withdraw is not applicable for products and services:
- that have been provided by the seller in accordance with the buyer's instructions;
- are clearly of a personal nature;
- that, due to their nature, cannot be returned;
- for audio and video recordings and any computer software on which the buyer has broken the seal and for computer licences that the buyer has used once.
- The right to withdraw is not applicable for services that have started with the buyer's explicit consent before the cooling-off period has expired pursuant to article 6b, para. 3.
Article 9 – The price
- During the validity period stated in the offer, the price of products and/or services on offer will not be increased, except for price changes following increases in VAT.
- By exemption from the provisions of the previous paragraph, the seller may offer the products and services whose price is tied to fluctuations on the financial market on which the seller has no influence, at variable prices. This subjection to market fluctuations and the fact that the prices mentioned may be given as an indication, will be mentioned in the offer.
- Price increases within a period of 3 months of the contract being formed are only authorised should they be the consequence of legal recommendations or provisions. In this case, the buyer has the possibility of terminating the contract on the day the price increase takes effect.
- The prices in the products or services offer are given with VAT.
Article 10 – Compliance and warranty
- The seller will ensure that the products and/or services comply with the contract, the specifications given in the offer, reasonable requirements for quality and/or ease of use and the legal provisions and/or governmental recommendations in effect on the date the contract is formed.
Article 11 – Delivery and execution
- The seller will take the greatest care possible in receiving and executing product orders and in assessing requests for services.
- The delivery location will be taken as the address that the buyer has provided to the seller.
- Pursuant to what has been stipulated for this purpose in article 4 of these general terms and conditions, the company will swiftly execute orders accepted, at the latest within 30 days. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the buyer will be informed at the latest one month from the date on which they placed the order. In this case the buyer has the right to terminate the contract and to request an equivalent product or request compensation.
- In case of termination according to the previous paragraph, the seller will return the amount that the buyer has paid, as soon as possible and at the latest within 30 days of termination.
- If it is impossible to deliver a product that has been ordered, the seller will endeavour to provide a replacement item. It will be mentioned clearly and comprehensibly, at the latest at the time of supply, that a replacement product will be delivered. The buyer can send a replacement item back. With replacement items, the right to withdraw cannot be removed. The seller will be responsible for the return costs.
- Unless otherwise explicitly agreed, the risk of product damage and/or disappearance is the seller's liability until the products are received by the buyer.
Article 12 – Scheduled delivery contract
- The buyer may, at any time, terminate a contract concluded for an indefinite period as long as they follow the rules of termination agreed in this respect and give notice within a maximum period of a month.
- A contract that has been concluded for a definite period has a term of two years maximum.
If it has been agreed that the distance sales contract will be extended should the buyer not have given notice to cancel this extension, the contract will be continued as an indefinite contract and the notice period, after contract extension, will be one month maximum.
Article 13 – Payment
- Any online payment for the service or product ordered online must be made before the order is actually processed.
- As advance payment is a condition for obtaining a service or a product, the buyer cannot exercise any right concerning execution of the order, before advance payment has been made.
- The buyer has the duty to immediately notify the seller of an inaccuracy in the payment made or in the specifications.
- Should the buyer fail to pay for the service or product ordered within 72 hours of the order once the condition precedent is met, a sum of 10% of the order amount will be owed to the seller for damages and interests, without prior notice. This penalty also applies should the seller fail to fulfil its obligations when the condition precedent is met.
Article 14 – Claims processing
- Claims relating to contract execution must be presented to the seller in writing (email, fax, post, etc.) within 30 days of the event justifying the claim and be described clearly and in full, once the buyer has observed the failings.
- Claims made to the seller must receive a response as soon as possible, at the latest within 14 days from the date of receipt. If a claim requires a longer processing time than envisioned, the seller must send a response within 14 days acknowledging receipt and giving an indication of the time when the buyer can expect a more detailed response.
Article 15 – Disputes
- Contracts concluded between the seller and the buyer, to which these general terms and conditions relate, are exclusively governed by Belgian law.
- The Courts of Brabant Wallon, notwithstanding multiple defendants or third party claims, have sole jurisdiction in case of dispute.
Article 16 – Miscellaneous
Should a clause in these general terms and conditions become void, under no circumstances will this affect the validity of the other clauses.