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Legal terms
Privacy
We fully respect your privacy.
We appreciate the trust you give us and all the data you provide will be treated with the utmost discretion.
We respect the Belgian law of 8th December 1992 regarding the protection of your privacy, amended by the law of 11th March 2003, in accordance with the Directive of 12th July 2002.
Your personal data is kept in our files and used to provide you the product, the service or the requested informations and to inform you about our activities.
They can be consulted or communicated to our partners to verify your member’s quality, when this one gives right to preferential advantages for the overall services.
According to the legal requirements on the subject, your data cannot be given to thirds for marketing purposes, except for your mailing address.
However, you may refuse that your mailing address is given to thirds when you register or at any time via your right to make changes.
TEAMWORK, Jupille Avenue, 19 - 4020 Liege-Belgium is responsible for the data processing.
You can have free access to our file containing your personal data in order to make changes, to remove them or change your choices about direct marketing.
Simply inform us by writing to above mentionned address or by email to contact@immo-enchere.be.
Further informations about privacy can be obtained at the public register (Privacy Commission - Chaussée de Waterloo 115 - 1000 Brussels - tel: 02/542.72.00).
Legal terms
• Distance contracts
The new section 9 of the Act aims at creating a legal framework for the booming new (electronic) communication techniques, adding to traditional distance selling techniques (mail order selling, teleselling, …).
Distance contracts no longer relate to goods only but also to services. Financial services are still excluded though. They are limitatively enumerated in Article 77, § 1, 4° of the Act. This definition can eventually be adapted, amended, explicited or completed by royal decree.
When goods or services are sold at a distance, consumers shall be informed in an unambiguous, clear and comprehensible manner of the following basic data about the seller and the goods or services :
1. the identity of the seller and his geographical address (no post office box!);
2. the main features of the goods or services;
3. the price of the goods or services;
4. the delivery costs, where appropriate;
5. the arrangements for payment, delivery or performance;
6. the existence or the absence of a right of withdrawal;
7. the conditions under which goods can be returned or taken back, including where appropriate, the cost thereof;
8. the cost of using the means of distance communication, where it is calculated other than at the basic rate;
9. the period during which the offer or the price remains valid;
10. where appropriate, the minimum duration of the contract in the case of contracts for the supply of products or services to be performed permanently or recurrently;
In the case of telephone communications, the identity of the seller and the commercial purpose of the call shall be made explicitly clear at the beginning of any conversation with the consumer.
The consumer must receive written confirmation of this information at the time of delivery of the goods or services at the latest and must be informed of the conditions and procedures for exercising the right of withdrawal.
Where appropriate, the minimum duration of the contract in the case of contracts for the supply of products or services to be performed permanently or recurrently;
In the case of telephone communications, the identity of the seller and the commercial purpose of the call shall be made explicitly clear at the beginning of any conversation with the consumer.
The consumer must receive written confirmation of this information at the time of delivery of the goods or services at the latest and must be informed of the conditions and procedures for exercising the right of withdrawal. The consumer has a period of at least seven working days in which to withdraw from the contract. He/She is allowed to exercise his/her right of withdrawal without penalty and without giving any reason. If the seller has failed to fulfill the obligations of furnishing information to the consumer, the period shall be extended to three months.
Unless the parties have agreed otherwise, the seller must execute the order within 30 days following the day on which the consumer forwarded his order to the seller. The supply of goods or vouchers conferring the right to have a service supplied is always performed at the seller's own peril.
If the consumer used an instrument of electronic funds transfer (payment card, debit or credit card or microprocessor card), he is liable for the consequences resulting from the loss, theft and fraudulent use, until the moment he notifies of this and for an amount up to 148.74 euros .
Mind : if the consumer acted with gross negligence, the amount may be higher. If he acted fraudulently, the amount is unlimited.
There are also some restrictions on the use of certain means of communication. So, the use of automated calling machines or facsimile machines requires the prior consent of the consumer. Other means of distant communication may be used only where there is no clear objection by the consumer. The conditions are laid down by royal decree.
• Other modifications
- Sales to the consumer in shows, trade fairs and exhibitions :
The concept of "cash payment" as referred to in Article 86, 3° has lead to divergent legal interpretations. Henceforth, it shall be defined as "full payment on the spot".
-Misleading advertising (Article 23) – insertion of a new subparagraph 14° :
"Misleading advertising" also means an advertisement which, except for cases in which combined offers are authorised, relates to the free offer of goods or services or any other advantage, when the request to obtain them is not different from any order form for goods or services. The seller now has to provide the consumer who wants to obtain the gift with a separate document, different from the order form.
-Illegal selling practices :
The prohibition of chain sales, initially limited to goods, has been extended to services.
-Bills of exchange :
The use of this type of commercial document carries a certain risk for the consumer. By putting his/her signature to the bill of exchange, he/she definitively commits himself/herself to pay the indicated amount when due. The seller is not necessarily paid cash-in-hand.
The bill of exchange may have been transmitted to a bank, for example. The consumer is then bound to pay the indicated amount when due, even if the seller has failed to fulfil his contractual obligations. This can also be the case when the seller has gone bankrupt. By analogy with the Consumer Credit Act and the Matrimonial Agencies Act, the prohibition of the use of bills of exchange is extended to all trade relations between sellers and consumers.
• More information ?
Available from the Federal Public Service Economy, SMEs, Self-employed and Energy
Directorate-General Regulation and Market Organisation
Trade Regulation Office
North Gate III
Boulevard du Roi Albert II, 16 / Koning Albert II-laan 16
1000 Brussels
Tel. 02/206.51.83
Fax. 02/206.57.71
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