Article 1 – Definitions
In these conditions, the following terms are understood to mean:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or receive is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information directed at him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract where, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, only one or more techniques for remote communication are used up to and including the conclusion of the contract;
Technique for remote communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Live Rig
Address: Stegerweg 68, 3660 Opglabbeek, Belgium
Amail address: info@live-rig.com
VAT: BE0679.777.087
Business Form: Sole Proprietorship
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated 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 to the consumer free of charge upon request as soon as possible.
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 by electronic means in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means or in another way 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 in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are void or are nullified at any time, the agreement and these conditions remain in force for the rest, and the relevant provision will be replaced by mutual agreement as soon as possible, with a provision that approaches the purport of the original as much as possible.
Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement. Images accompanying 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 information in such a way that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This includes, in particular:
the price, including taxes;
any shipping costs;
how the contract will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the contract;
the acceptance period of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the fee for remote communication if the costs of using the remote communication technology are calculated on a basis other than the regular basic rate for the communication method used;
whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer;
how the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding it;
any other languages in which, in addition to English, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected himself and how the consumer can consult these codes of conduct electronically;
and the minimum duration of the distance contract in the case of a continuing transaction.
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 therein.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the 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 takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
Within legal frameworks, the entrepreneur can ascertain 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse a order or request or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, with the product or service:
a. the visiting address of the entrepreneur's establishment where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the data 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 termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is concluded under the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Non-Refundable Policy for Digital Products
In the purchase of digital products, the refund option becomes invalid immediately upon completion of the purchase. Once the consumer has finalized the transaction, there is no longer an option for a refund for the digital product. This policy is in effect as soon as the purchase is confirmed. It is essential for the consumer to be aware that, once the transaction is completed, refunds for digital products are not available.
Article 7 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price adjustments due to changes in VAT rates.
Contrary to the preceding paragraph, the entrepreneur may offer products or services with prices tied to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. The dependence on fluctuations and the fact that any prices mentioned are indicative will be specified in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. they result from legal regulations or provisions;
or b. the consumer has the authority to terminate the agreement effective from the day 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 printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 8– Long-Term Transactions: Duration, Termination, and Renewal
Termination
The consumer can terminate an agreement that has been entered into for an indefinite period and involves the regular delivery of products (including electricity) or services at any time, adhering to the agreed termination rules and a notice period of at most one month.
The consumer can terminate an agreement that has been entered into for a definite period and involves the regular delivery of products (including electricity) or services at any time towards the end of the specified duration, adhering to the agreed termination rules and a notice period of at most one month.
For the agreements mentioned in the preceding paragraphs:
the consumer can terminate them at any time and is not limited to termination at a specific time or during a specific period;
termination can occur at least in the same manner as they were entered into by him;
termination is always possible with the same notice period as the entrepreneur has stipulated for himself.
Renewal
An agreement entered into for a definite period and involving the regular delivery of products (including electricity) or services may not be silently renewed or extended for a specific duration.
Contrary to the previous paragraph, an agreement entered into for a definite period and involving the regular delivery of daily, news, and weekly newspapers and magazines may be silently renewed for a specific duration of up to three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month.
An agreement entered into for a definite period and involving the regular delivery of products or services may only be silently renewed for an indefinite duration if the consumer can terminate it at any time with a notice period of at most one month and a notice period of at most three months in the event the agreement involves the regular but less than once a month delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be silently renewed and will automatically end upon the expiration of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
**Article 9– Complaints Procedure**
Complaints regarding 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 responded to within a period of 14 days, calculated 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 response.
If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
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 its discretion, either replace or repair the delivered products at no cost.
**Article 10– Disputes**
Belgian law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.