GENERAL CONDITIONS
GENERAL SALES
AND DELIVERY CONDITIONS WEBSHOP VITB
1. LANGUAGE,
LANGUE
Dutch: These
General Terms and Conditions are available upon request and can also be
consulted at www.vlees-in-the-box.be, in Dutch and French. The Dutch version of
these General Terms and Conditions is the only authentic one.
Français:
These Conditions Générales are available for simple requests and consultations
on the site www.viande-dans-le-box.be, and in the Netherlands and France. The
Dutch version of the Conditions General is the authentic version.
2. DEFINITIONS
2.1 “VITB”:
the private company “VITB”, with registered office at B-3512 Stevoort,
Regenakkerstraat 9, registered in the register of legal entities of Antwerp,
Hasselt department under number 0820.925.945 and known to the VAT
administration under number BE 0820.925.945.
2.2 “General
Terms and Conditions”: these general terms and conditions of sale and delivery.
2.3 “Buyer” or
“Customer”: any natural person or legal entity who purchases one or more
product(s) or services via this Website, places an order for this or requests a
quote.
2.4
“Consumer”: any Buyer who purchases one or more product(s) or services via the
Website exclusively for non-professional purposes, places an order for this or
requests a quote.
2.5 “Website”: www.vlees-in-the-box.be
3.
APPLICABILITY
3.1 The legal
relationship between the Buyer and VITB and everything related thereto is
exclusively subject to the following standards: (in hierarchically descending
order, the following in the absence or silence of the previous) (1) the written
and signed special agreement; (2) the electronic Order Confirmation; (3) these
Terms and Conditions; (4) Articles 4-39 and 41-88 of the CISG; (5) Belgian law.
VITB rejects all other standards and conditions, with the sole exception of the
conditions that VITB has expressly agreed in writing with the Buyer. These
expressly accepted deviations in writing are only valid for the agreement to
which they relate and cannot be invoked in any other, even similar, agreements.
The Buyer accepts that these General Terms and Conditions will be the only ones
applicable, to the exclusion of his own general or specific (purchase)
conditions, even if they determine that they are the only ones applicable. By
using the Website, filling the digital shopping cart on the VITB Website, placing
an order and/or concluding any agreement via the Website, the Buyer declares
that he has taken note of and agrees to these General Terms and Conditions.
Conditions and all other rights and obligations as stated on the Website. In
these cases, the Buyer is therefore bound by these General Terms and Conditions
and the aforementioned rights and obligations.
3.2 These
General Terms and Conditions are without prejudice to the statutory rights
mandatorily granted to the Buyer under applicable national consumer protection
legislation, including the statutory guarantee of conformity of the goods.
3.3 The
possible nullity of one of the provisions of these General Terms and Conditions
or part of a provision does not affect the applicability of the other
provisions and/or the remainder of the provision. In the event of nullity of
one of the provisions, VITB and the Buyer will, to the extent possible and
according to their loyalty and conviction, negotiate to replace the null and
void provision with an equivalent provision that complies with the general
spirit of these General Terms and Conditions.
3.4 If VITB
were to fail or even repeatedly fail to enforce or apply one or more of the
rights listed in these General Terms and Conditions, this can only be regarded
as tolerating a certain situation and does not lead to legal proceedings. Such
failure can never be regarded as a waiver of those provision(s) and will never
affect the validity of these rights.
3.5 VITB
always has the right to change these General Terms and Conditions. It is the
Buyer's responsibility to regularly consult these General Terms and Conditions.
4. QUOTE,
ORDER – REALIZATION ONLINE PURCHASE
4.1 Every
offer on the Website, in catalogues, newsletters, notes, leaflets and other
advertising announcements is for information purposes only. VITB may adjust or
withdraw the offers on the Website at any time. In any case, offers are only
valid while supplies last. Obvious mistakes and/or errors in the offer do not
bind VITB. Despite the fact that the catalogues, Website and other advertising
announcements are compiled with the utmost care, it is still possible that the
information provided is incomplete, contains material errors or is not up to
date. VITB is only obliged to make an obligation of means for the accuracy,
updating or completeness of the information provided. VITB is under no
circumstances liable for material errors, typesetting or printing errors.
4.2 Quotations from VITB are entirely without
obligation and can only be regarded as an invitation to purchase or place an
order by the Buyer, unless expressly stated otherwise. A quotation is only
valid for the specific assignment to which it relates and therefore does not
automatically apply to subsequent similar assignments.
4.3 The
agreement between VITB and the Buyer is only concluded after the Buyer has
placed an order on the Website and VITB confirms this order by e-mail
(hereinafter referred to as the “Order Confirmation”). In the Order
Confirmation, the Buyer receives a summary of the order and an overview of
these General Terms and Conditions. VITB always reserves the right to refuse
orders – without giving reasons.
4.4
Cancellation of an order before it has been shipped is always possible and free
of charge. Cancellation of an order after it has been shipped must be done in
accordance with the withdrawal procedure provided for in Article 5 of these
General Terms and Conditions. If the Buyer wishes to cancel the order, he must
immediately contact customer service: by telephone: +32 11 70 50 80 or by
e-mail orders@vlees-in-the-box
4.5 The Buyer
can exchange the purchased products for other products or a voucher during a
period of 365 calendar days after the date of receipt, with or without payment
of a surplus taking into account the price of the products for which the
products already purchased are exchanged. If the Buyer wishes to exchange the
products he has purchased, he must notify VITB (3512 Stevoort (Belgium),
Regenakkerstraat 9, info@vlees-in-the-box.be) by post or e-mail. If VITB can
agree to the exchange, VITB will contact the Buyer to practically arrange the
exchange and this at VITB's expense. VITB will also inform the Buyer of any
refusal of an exchange request. The products purchased by the buyer can only be
exchanged if they have not been used and are in the same condition as at the
time of delivery. The products must also be returned/returned in the original
packaging, including all accessories supplied with the product.
5. RIGHT OF
WITHDRAWAL
5.1 The
Consumer has a right of withdrawal with regard to the products purchased via
the webshop. Pursuant to Book VI Market Practices & Consumer Protection of
the Economic Law Code, the Consumer has the right to withdraw from the
agreement within a period of 14 calendar days without giving reasons. The
withdrawal period expires 14 calendar days after the day on which the Consumer
or a third party designated by the Consumer, who is not the carrier, acquires
physical possession of the product.
5.2 To
exercise the right of withdrawal, the Consumer must inform VITB (3512 Stevoort
(Belgium), Regenakkerstraat 9, info@vlees-in-the-box.be) by means of an
unambiguous statement by post or by e-mail. his decision to withdraw from the
agreement. The Consumer can also use the model withdrawal form (can be
downloaded from the Website), but is not obliged to do so. To comply with the
withdrawal period, it is sufficient for the Consumer to send his communication
regarding the exercise of the right of withdrawal before the withdrawal period
has expired.
5.3 If the
Consumer revokes the agreement, the Consumer will receive back all payments he
has made at that time from VITB, including delivery costs (with the exception
of any additional costs resulting from the Consumer's choice of a different
method of delivery than the one specified by VITB offered cheapest standard
delivery) without delay and in any case not later than 14 calendar days after
VITB has been informed of the Consumer's decision to withdraw from the
agreement, taking into account what is stated in Article 13.2 of these General
Terms and Conditions. VITB will then reimburse the Consumer using the same
payment method with which the Consumer carried out the original transaction,
unless the Consumer has expressly agreed otherwise. In any case, the Consumer
will not be charged any costs for such refunds. VITB may wait with the refund
until VITB has received the products back or the Consumer has demonstrated that
he has returned the products, whichever comes first. The reimbursement of
delivery costs by VITB is always pro rata. (For example: Consumer purchases 2
products and returns 1 upon cancellation. In that case, VITB must only
reimburse 50% of the delivery costs.) However, if VITB uses a fixed delivery
cost, VITB will not, in the event of a partial cancellation, be obliged to
reimburse any delivery costs.
5.4 The
Consumer must hand over the products to VITB or have the products collected by
VITB without delay, but in any case no later than 14 calendar days after the
day on which he communicated the decision to withdraw from the agreement to
VITB. VITB arranges the collection according to its own choice of transport and
in consultation with the customer regarding date and time. The direct costs of
returning the products will be borne by VITB, unless otherwise agreed. The
returned product must not have been used and must be in the same condition as
at the time of delivery. In addition, the product must be returned in the
original packaging in which the product was shipped, whether or not opened and
including all accessories supplied with the product, so that VITB can still
resell the product to a third party after cancellation. The Consumer is only
liable for the depreciation of the products resulting from the use of the
products that goes beyond what is necessary to determine the nature,
characteristics and operation of the products.
5.5 The right
of withdrawal does not apply, among other things, to:
- products
that are manufactured according to the Consumer's specifications or that are
clearly intended for a specific person;
- products
whose expiry date has passed or which spoil quickly
- products
that can spoil or age quickly or that have a limited shelf life (such as
yeasts, enzymes, etc.);
- sealed
products that - for reasons of health protection or hygiene - are not suitable
for return once the packaging has been opened (e.g. additives, etc.);
- alcoholic
drinks, the price of which was agreed upon at the conclusion of the agreement,
but delivery of which can only take place after 30 days, and whose actual value
depends on fluctuations in the market, over which VITB has no influence.
5.6 Under no
circumstances does a professional Buyer have the right of withdrawal.
6. PRICE AND
COSTS
6.1 The stated
price only relates to the products as they are described verbatim. Materials,
accessories and accessories not mentioned in the information about a particular
product are not included. The accompanying photo is intended for decorative
purposes and may contain elements that are not included in the stated price.
6.2 All prices
are expressed in Euro and include VAT, any import/export duties and reservation
and/or administration costs, but exclude any delivery or shipping costs.
Shipping costs are not included. They depend on the chosen shipping method, the
weight of the products, the delivery address, etc. During the online ordering
process, step 1 will indicate exactly how much shipping costs will be charged.
The chosen shipping method and final shipping costs are also stated on the
Order Confirmation that the Buyer receives upon concluding the agreement.
Additional costs associated with the Buyer's choice of payment option may be
charged by VITB.
6.3 VITB
reserves the right to change the prices stated on the Website at any time.
Nevertheless, the products will be invoiced based on the rates in effect at the
time the order was accepted. Obvious errors, manipulations or mistakes (such as
obvious inaccuracies) can also be corrected by VITB after the conclusion of the
agreement.
6.4 Currency
fluctuations, increases in material prices and raw materials, wages, salaries,
social security contributions, costs imposed by the government, (environmental)
levies and taxes, transport costs, import and export duties or insurance
premiums (merely an example list), which occur between the placing of the order
and the delivery of the products may lead to an increase in the price. However,
if the price is increased, the Buyer has the right to terminate the agreement
within 48 hours without costs. This dissolution cannot give rise to payment of
any compensation by VITB.
7. DELIVERY OF
THE PURCHASED PRODUCTS
7.1 Unless
otherwise agreed, deliveries are made as standard in accordance with the
Incoterm® “Delivered At Place” (DAP) (Incoterms ® 2010) at the delivery address
specified by the Buyer. The transfer of risk for damage, destruction and
disappearance with regard to the products therefore passes at the time of
actual delivery. At this time, VITB is also released from its delivery
obligation.
7.2 Any
delivery that was not explicitly provided for in the Buyer's order and/or the
Order Confirmation from VITB is deemed to be an additional delivery at the
Buyer's request and will be charged as such.
7.3 With the
exception of agreements with a Consumer, VITB always reserves the right to
split deliveries or attach other conditions to the delivery.
7.4 Except in
the case of payment by cash on delivery and payment by bank transfer after
receipt of the invoice, an order will only be shipped after VITB has received
payment. VITB always strives to deliver orders on the delivery day chosen by
the customer, provided that the ordered products are in stock. The Buyer must
indicate during the online ordering process which method of delivery he opts
for.
7.5 However,
the delivery period, including those stated on quotations, orders and Order
Confirmations, is always indicative and is not an essential component of VITB's
obligations towards the Buyer. Exceeding the communicated delivery period can
never give rise to payment of any compensation nor to the dissolution of the
purchase between VITB and the Buyer, on the understanding that VITB undertakes
- with the exception of pre-sales - in any case within 30 days after payment to
be made. In any case, VITB can never be held liable for delays caused by the
Buyer or third parties. Changes to the order automatically result in the
expiration of the expected delivery times.
7.6 If the
Buyer is absent upon delivery to the delivery address specified by him, the
transport service will leave a message with a view to contact between VITB and
the Buyer. After contacting the Buyer, a second attempt will be made to deliver
the products. In the absence of any response from the Buyer within a period of
five (5) working days after the first delivery attempt or in the absence of the
Buyer at the second delivery attempt, the products will be returned to VITB's
registered office. The costs of return, as well as the associated costs (such
as, but not limited to, taxes, VAT, storage costs, etc.) are borne by the
Buyer. In such a case, the agreement between VITB and the Buyer will be deemed
to have been dissolved. Any price already paid by the Buyer will be refunded by
VITB, minus the aforementioned return shipping costs and any associated costs.
8. BILLING AND
PAYMENT
8.1 Orders
must always be paid in advance by the Buyer. When placing the order, the Buyer
can choose between different payment options:
- Credit card
(VISA/MASTERCARD)
-Maestro
-
Bancontact/Mister Cash
- iDEAL
8.2 Complaints
regarding invoices must be reported to VITB within a period of 3 working days
after the invoice date, under penalty of inadmissibility. These complaints do
not release the Buyer from his payment obligation.
8.3 By
ordering a product, the Buyer expressly agrees to the use of electronic
invoicing by VITB, unless otherwise agreed in writing between the parties.
8.8 Submitting
a complaint does not release the Buyer from his payment obligation.
9. RESERVATION
OF TITLE
9.1 The
delivered products remain the exclusive property of VITB until full payment of
the principal sum, interest and costs by the Buyer. Until then, the Buyer may
not sell or pledge the purchased products to a third party or dispose of them
in any way. If the Buyer resells the purchased products before having paid the
aforementioned amounts in full and correctly, the aforementioned right will
transfer to the resulting sales price. However, the risk for loss or damage
passes to the Buyer upon delivery. If necessary, the Buyer undertakes to inform
third parties of VITB's retention of title (for example to anyone who would
seize items that have not yet been fully paid for).
9.2 In the
event of non-payment or incomplete payment on the due date of one of the
invoices, VITB has the right, by operation of law and without prior notice of
default, to reclaim the products already delivered from the Buyer. When VITB
receives the products back and they are still in good condition (this includes
evaluating the correct cooling and storage of these products), the amounts
already paid will be refunded to the Buyer after deduction of: (1) the loss of
profit, at a fixed rate budgeted at 15% of the total invoice amount; and (2) a
fixed compensation of 5% on the total invoice amount, for the (additional)
management and administration costs. All this applies without prejudice to
VITB's right to prove higher damages.
10.
ACCEPTANCE, WARRANTY AND COMPLAINTS
10.1 Under the
law of 21 September 2004 on the protection of consumers when selling consumer
goods, the consumer has a legal warranty of 2 years. This legal warranty
applies from the date of purchase by (if applicable, delivery to) the first
owner.
10.2 The Buyer
must carry out an initial verification immediately upon receipt of the
purchased products. This immediate verification obligation relates, among other
things, to (a purely exemplary list): quantity, conformity of the delivery,
visible defects, correct location(s), etc. The Buyer must immediately report
verifiable deviations, under penalty of forfeiture, within 48 hours after
delivery. to be communicated to VITB in writing (by post or via
info@vlees-in-the-box.be), with reference to the correct number of the delivery
note and/or the Order Confirmation.
10.3 Putting
into use, processing, repackaging, and/or reselling the products delivered by
VITB is considered to be product inspection and acceptance, counts as final
delivery of the products in question, and releases VITB from its
responsibilities and liability in accordance with Article 11 of the Terms and
Conditions.
10.4
Complaints regarding hidden defects in the delivered products must be reported
in writing (by post or e-mail) to VITB within a period of 48 hours after
discovery of the defect, under penalty of inadmissibility, with reference to
the correct number of the delivery note and/or the Order Confirmation. Such
complaints can be reported to VITB within the statutory warranty period, on the
understanding that VITB will not be liable for any loss of quality that may
arise due to causes inherent to the nature of the product (including, but not
limited to, normal aging). VITB undertakes to accept complaints that have been
correctly reported within a period of 14 calendar days after delivery. Under no
circumstances will VITB be liable for loss of quality and damage as a result of
treatment or incorrect use of the products by the Buyer.
10.5 In the
event of complaints that are reported to VITB in a timely and correct manner,
VITB will, at its own discretion and discretion: (1) replace the defective
products, insofar as the same products are still in stock. If the defective
product is no longer in stock, VITB may choose to provide the Buyer with an
equivalent of the defective product (e.g. a voucher); or (2) return of the
defective product, with credit to the Buyer. The Customer acknowledges that
these measures each individually constitute full and adequate compensation for
any possible damage resulting from any defects and accepts that the
implementation of these measures cannot be regarded as an acceptance of
liability by VITB.
10.6 Under no
circumstances may the Buyer return products to VITB on the basis of this
Article 10 without the latter's prior written consent. VITB reserves the right
to determine the defects on site together with the Buyer and to investigate
their cause. If necessary, VITB will contact the Buyer in order to practically
arrange the return of products accepted by VITB, whereby VITB will bear the
costs.
10.7 The
possible replacement of products cannot give rise to payment of any
compensation, nor to termination of the agreement between VITB and the Buyer.
10.8
Complaints and/or a possible (partial) replacement of products do not in any
case release the Customer from his payment obligation within the written
agreement between VITB and the Buyer, the Order Confirmation from VITB, these
General Terms and Conditions, and/or the respective term(s) determined invoice.
10.9 The
Customer is obliged to reimburse costs incurred as a result of unjustified
complaints.
10.10 If the
Consumer has a dispute with VITB and has already consulted the latter about
this, the Consumer has the option to ask for advice or file a complaint with
BeCommerce, as provided in Article 19.
11. LIABILITY
11.1 With the
exception of the indemnification by VITB in accordance with the warranty
provision in Article 10 of these General Terms and Conditions, VITB's liability
towards the Buyer is limited to the liability that is mandatorily imposed by
law and is in any case limited to the lowest of the following two amounts: (1)
the respective invoice amount (excl. VAT); (2) the amount that VITB receives
from its insurer in the context of the respective liability file under the BA
liability policy taken out by VITB.
11.2 VITB is
under no circumstances liable for: (1) indirect damage (including, but not
limited to, loss of turnover, damage to third parties), (2) defects caused
directly or indirectly by the act of the Buyer or of a third party, regardless
of whether this is caused by error or negligence, (3) damage resulting from the
incorrect or inappropriate use of the purchased products, nor for an unintended
and/or undesirable interaction resulting from simultaneous use of the product
with other products, (4) damage resulting from non-compliance by the Buyer, its
employees or employees and/or the end user with legal and/or other obligations.
11.3 The Buyer
acknowledges that VITB makes no warranty that the products comply with the
regulations or requirements applicable in any jurisdiction, other than the
regulations or requirements applicable in Belgium, as applicable at the time of
delivery of the product to the Buyer by VITB , so that VITB cannot be held
responsible for subsequent changes in the law of any kind.
11.4 The Buyer
is solely responsible for the resale of the purchased products and guarantees
to comply with all obligations (legal and other) in this regard.
12.
INDEMNIFICATION
12.1 The Buyer
shall fully indemnify and defend VITB against all claims and proceedings,
including the claims and proceedings of third parties, arising out of or
resulting from any act or omission of the Buyer, contrary to the written
agreement between VITB and the Buyer, the Order Confirmation from VITB, these
General Terms and Conditions, and/or other (legal) obligations of the Buyer.
12.2 The Buyer
will indemnify VITB against all damages, including legal and other costs,
arising from its defense of the claims and/or procedures referred to in Article
12.1 of these General Terms and Conditions.
13. PROMOTIONS
13.1
Promotional gifts by VITB, in any form whatsoever (such as, but not limited to,
price reductions, discount coupons, free shipping, etc.) must always be used in
accordance with the guidelines as expressly indicated in this regard. In any
case, these can only relate to one (1) order, cannot be cumulated and are of a
personal nature.
13.2 If the
Consumer uses the right of withdrawal for products that have been the subject
of a promotion, VITB reserves the right to recalculate the price of the
products that have not been the subject of the withdrawal. For example: a
promotional campaign that means that when you purchase product A, product B can
be obtained at half price. The Buyer revokes product A. The promotional
conditions are then no longer met and the full price will have to be paid for
product B. In that case, VITB will refund the funds, in accordance with Article
5 of these General Terms and Conditions, minus the additional portion that
still needs to be paid for product B.
14. FORCE
MAJEURE AND HARDSHIP
14.1 VITB is
not liable for any failure to fulfill its obligations caused by force majeure
or hardship.
14.2 In the
event of force majeure or hardship, VITB may, at its own discretion and
discretion, without any prior notice of default or legal action being required,
and without any right of recourse against VITB:
(1) propose to
Buyer to replace the missing products with a functional equivalent;
(2)
temporarily suspend the performance of its obligations;
(3) terminate
the agreement between VITB and the Buyer extrajudicially; and/or
(4) invite the
Buyer to renegotiate the agreement between VITB and the Buyer. If the Customer
does not participate in these renegotiations in good faith, VITB may, in
accordance with Article 23 of these General Terms and Conditions, request the
court to determine new contract conditions and/or to order the Buyer to pay
damages.
14.3 Force
majeure and hardship include, among other things (a list of examples only):
unavailability and/or scarcity of certain materials; raw material scarcity;
currency fluctuations, increases in material prices, prices of auxiliary
materials and raw materials, wages, salaries, social security contributions,
government-imposed costs, levies and taxes, transport costs, import and export
duties or insurance premiums; ice; special weather conditions; strike;
mobilization; war; disease; accidents; communication and IT disruptions;
government measures; export ban; delay in supply; transport and/or movement
barriers; including lack of or withdrawal of transportation options; export
barriers; import barriers; breakdown; traffic jam; etc.
15. NETTING
15.1 In
accordance with the Financial Security Act of December 15, 2004, VITB and the
Buyer automatically and legally offset and settle all currently existing and
future debt claims against each other. This means that in the permanent
relationship between VITB and the Buyer, only the largest debt claim remains on
balance after the aforementioned automatic settlement.
15.2 This debt
settlement will in any case be enforceable against the trustee and the other
concurrent creditors, who will therefore not be able to oppose the debt
settlement carried out by the Buyer and VITB.
16. SUSPENSION
AND DISSOLUTION
16.1 In the
event of any change in the situation of the Customer, such as death,
conversion, merger, takeover, transfer, liquidation, cessation of payment,
collective or amicable agreement, request for deferral of payment, cessation of
activity, attachment or any other circumstance that may damage confidence in
the Buyer's creditworthiness, VITB reserves the right, due to that mere fact:
either to suspend the execution of one or more agreements with the Buyer until
the Buyer provides adequate security for his payment ; or to declare one or
more agreements with the Buyer dissolved from the date of dispatch of the
cancellation, without prior notice of default and without judicial
intervention, without prejudice to VITB's right to claim additional damages.
16.2 If the
agreement between VITB and the Buyer is terminated, whether or not under
application of the right of termination described in Article 16.1 of these
General Terms and Conditions, the Buyer loses the right to require VITB to
comply with its obligations with regard to the terminated agreement.
17.
INTELLECTUAL PROPERTY
17.1 VITB
remains the exclusive holder of all intellectual property rights it holds on
the products it supplies. VITB guarantees that it has the necessary licenses to
offer its product range.
18. PERSONAL
DATA AND IMAGES
18.1 The Buyer
gives VITB permission to include the personal data provided by the Buyer in an
automated database. This data will be used for the purpose of conducting
information or promotional campaigns in connection with the products offered by
VITB. The Buyer gives VITB permission to transfer this information to third
parties for the processing of the order.
18.2 The Buyer
can always request communication and correction of his data. If the Buyer no
longer wishes to receive commercial information from VITB, the Buyer must
inform VITB of this:
- by post: VITB NV, Regenakkerstraat 9, 3512 Stevoort
- by e-mail:
info@vlees-in-the-box.be
18.3 The
Customer authorizes VITB to use images of the products delivered to the
Customer for: (merely an exemplary list) general information, advertising
purposes, publication on the Website, publication in brochure(s), etc.
19. DISPUTES
19.1
Agreements between VITB and the Buyer are exclusively governed by Belgian law,
to the extent that private international law allows this.
19.2 Disputes
between the Consumer and VITB regarding the conclusion or execution of
agreements relating to products and services to be supplied or delivered by
VITB, can be submitted by both the Consumer and VITB to BeCommerce, with due
observance of the provisions below.
19.3 A dispute
will only be processed by the BeCommerce Disputes Committee if the Consumer has
submitted his complaint to VITB in accordance with the procedure indicated in
Article 10 of these General Terms and Conditions.
19.4 VITB is
bound by this choice by the Consumer to submit a dispute to BeCommerce.
19.5 If VITB
requests intervention, the Consumer must state in writing within five weeks of
a written request made by VITB whether he wishes this or whether he wants the
dispute to be dealt with by the competent court. If VITB does not hear of the
Consumer's choice within the period of five weeks, VITB is entitled to submit
the dispute to the competent court.
19.6 Disputes
between VITB and the Buyer submitted to the courts fall under the exclusive
jurisdiction of the competent courts of the registered office of VITB, unless
VITB chooses to bring a dispute before the court of the registered office or
place of residence of the Buyer.
19.7 For
alternative dispute resolution regarding online purchases, you can also visit
the ODR (Online Dispute Resolution) platform of the European Union:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.
home.show&lng=NL 20.