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 the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
Bye: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data medium: any means that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the trader that a consumer can fill in when he wants to exercise his right of withdrawal.
Company: any natural or legal person who pursues an economic goal in a sustainable manner, as well as its associations.
Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers (b2c) or businesses (b2b);
Remote agreement: an agreement under which, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General terms and conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Tiny Wonder BV
director Bert Schelfhout
Otegemse Steenweg 15
8540 Deerlijk

+32 473 52 72 91
bert [@] tinywonder.be

Company number: BE 0764365344

Article 3 - Applicability

These general terms and conditions apply to every offer made by Tiny Wonder BV and to every agreement established between Tiny Wonder BV and customer (consumer or company).
The text of these general terms and conditions is available on Tiny Wonder's website. If access to these general terms and conditions is not reasonably possible and this is justified by the customer, they can be sent by Tiny Wonder BV promptly and free of charge at the customer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically. 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.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as much as possible.
Situations not covered by these general terms and conditions are to be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions are to be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. Tiny Wonder is entitled to amend and modify the offer.
The offer contains a description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products on offer. Operator cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
Each offer contains such information that it is clear to the consumer and/or company what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions are necessary to do so;
- the method of payment, delivery and performance of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the minimum duration of the distance contract in the case of a duration transaction.
- no right of withdrawal applies to a sales contract with companies.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer/company accepts the offer and fulfils the conditions set out therein.
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 or company can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. 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 request or to attach special conditions to the implementation, while stating reasons.
the visiting address of the trader's establishment to which the consumer or company can address complaints;
the conditions under which and the way 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 warranties and existing after-sales service;
the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

On delivery of products to consumer:

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 7 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection 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 to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receiving the product. After the consumer has made it known that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of dispatch.
If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
For a customised product, the right of withdrawal does not apply.

On supply of services to consumer:

To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the operator at the time of the offer and/or at the latest upon delivery.

The right of withdrawal does not apply to delivery of products or services to companies.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, at most the costs of return shipment will be at his expense.
If the consumer has paid an amount, the trader 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 entrepreneur or conclusive evidence of complete return can be presented. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly authorises a different payment method.
If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation in value of the product.

Article 8 - Exclusion of the 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 stated this in the offer.
Exclusion of the right of withdrawal is only possible for products:
brought about by the entrepreneur in accordance with the consumer's specifications;
which are clearly personal in nature;
which cannot be returned due to their nature;
which can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for hygiene products whose seals have been broken by the consumer.
Exclusion of the right of withdrawal is possible for services:
regarding accommodation, provision of tiny houses and transport to be performed on a certain date or during a certain period;
whose delivery has started with the consumer's express consent before the cooling-off period has expired;

Article 9 - The price

During the validity period mentioned in the offer, the prices of the products and/or services offered 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 that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.
Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
they result from statutory regulations or provisions; or
the consumer has the power 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.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations 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 or company can assert against the entrepreneur on the basis of the agreement.
Any defective or wrongly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer or company, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
- The consumer or company has repaired and/or modified the delivered products itself or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
- The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.
- There is force majeure in accordance with legal provisions around force majeure

Article 11 - Delivery and execution

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 company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. 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. The consumer is not entitled to any compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a deadline does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by 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 previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination and renewal

Termination

The consumer may terminate an open-ended contract that was concluded for the regular delivery of products or services, subject to agreed termination rules and a notice period not exceeding three months.
The consumer may terminate a fixed-term contract that has been concluded for the regular supply of products or services towards the end of the fixed-term, subject to agreed termination rules and a notice period of at least three months.
If the consumer enters into a contract to rent a tiny house and wishes to cancel it, the notice shall be the value of the rental contract, excluding the cost of insurance. This means the number of months' rent, including costs for relocation.
The consumer may enter into the agreements mentioned in the previous paragraphs:
- at least terminate them in the same manner as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
For companies, the payment period is 14 days.
The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the operator.
In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur is entitled to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints on the performance 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 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.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to dispute resolution.
In case of complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be solved by mutual agreement, the consumer should turn to the consumer ombudsman service, which will mediate free of charge. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the operator's obligations unless the operator indicates otherwise in writing.
If a complaint is found valid by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer or company to which these general terms and conditions relate are exclusively governed by Belgian law. Even if the consumer is resident abroad.

Article 16 - 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 durable data carrier.