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
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and Execution
Article 12 – Payment
Article 13 – Complaints Procedure
Article 14 – Disputes
Withdrawal Form

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:
– Cooling-off period: the period during which the consumer can use their right of withdrawal;
– Consumer: a natural person who does not act for purposes related to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
– Day: calendar day;
– Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
– Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that facilitates future reference and unchanged reproduction of the stored information.
– Right of withdrawal: the consumer’s option not to proceed with the distance contract within the cooling-off period;
– Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal;
– Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
– Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
– Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
– General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Life is a Game BV
Lievevrouwestraat 63, 2520 Ranst, Belgium
Phone number: +32 3 337 40 60
Email address: connect@life-is-a-game.org
Company number: BE0563869611
VAT identification number: BE0563869611

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur 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 indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store it 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 viewed electronically and that they will be sent to the consumer electronically or in another way free of charge upon 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 favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are void or are destroyed at any time in full or in part, the agreement and these conditions will otherwise remain in force, and the relevant provision will be replaced by mutual agreement as soon as possible.

Situations not provided for in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust 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 truthful representation of the products and/or services offered. Manifest errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that 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 which actions are necessary for this;
the method of payment, delivery, and execution of the agreement;
whether the contract will be filed after its conclusion and, if so, how it can be consulted by the consumer;

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the 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 will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.
Within the legal framework, the entrepreneur can inform 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 agreement. If the entrepreneur, based on this research, has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will send to the consumer, with the product or service, 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 data carrier:
a. the visiting address of the entrepreneur’s business establishment where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the information as included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for cancelation of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

In the case of product delivery:

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This reconsideration period starts on the day following the receipt of the product by the consumer or a representative designated in advance and communicated to the entrepreneur.
During the reconsideration period, the consumer will handle the product and its 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 accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise his right of withdrawal, he is obliged to communicate this to the entrepreneur within 14 days after receiving the product. The consumer must do this using the model withdrawal form (see at the bottom of these general terms and conditions). After the consumer has communicated his intention to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned in a timely manner, for example, by means of proof of shipment.
If the customer has not communicated his intention to exercise his right of withdrawal within the periods mentioned in paragraphs 2 and 3, or if the product has not been returned to the entrepreneur, the purchase is final.

In the case of service delivery:

When delivering services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting from the day the agreement is entered into.
To exercise his right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer makes use of his right of withdrawal, the costs of return will be at most for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
If the product is damaged or the packaging is more damaged than was necessary to determine the nature, characteristics, and functioning of the product, the entrepreneur will deduct the depreciation from the consumer.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for the following products:
a. which has been established by the entrepreneur in accordance with the consumer’s specifications;
b. that are clearly of a personal nature;
c. that cannot be returned due to their nature;

Article 9 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services at variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This bondage to fluctuations and the fact that any stated prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed 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 authority to cancel the agreement on the day on which the price increase takes effect.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
If the consumer has any objections to the price, he must report this to the entrepreneur within 7 days after the price has been stated.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The product must be returned in the original packaging and in new condition.
The guarantee does not apply if:
a. as long as the consumer has not yet fulfilled his payment obligations;
b. the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
c. the delivered products have been exposed to abnormal circumstances or otherwise careless handling or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
d. the inadequacy is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make available a replacement article. At least before delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. The right of withdrawal cannot be excluded concerning replacement items. The costs of a possible return shipment are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative announced in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Payment

The preface of this article applies to the delivery of products, including electricity or services.

Payment must be made in advance, without a discount or compensation, unless the parties have agreed otherwise.
The consumer has the duty to report inaccuracies in data supplied or specified payment details to the entrepreneur without delay.
In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 13 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
Complaints about the implementation 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 foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement scheme.

Article 13 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified 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 respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved through mutual consultation, a dispute arises that is eligible for dispute resolution.
In case of complaints, a consumer should first contact the entrepreneur. This can be done by phone: +32 33374060 or connect@life-is-a-game.org.
It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at her discretion, either replace or repair the delivered products free of charge.

Article 14 – Disputes

Belgian law applies, with the exception of the provisions of private international law regarding applicable law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Revocation Form

Dear Customer, you only need to complete and return this form if you want to revoke the agreement.

To Life is a Game, Lievevrouwestraat 63, 2520 Ranst, Belgium, connect@life-is-a-game.org:

I/We (*) hereby inform you that I/we (*) revoke our agreement concerning the sale of the following goods/provision of the following service (*):
Ordered on (*)/Received on (*):

Name/Names of consumer(s):
Address of consumer(s):

Signature of consumer(s):
Date:

(*) Delete as appropriate.