Terms of service

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 - Obligations of the Consumer During the Cooling-off Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
Article 9 - Obligations of the Entrepreneur in Case of Withdrawal Article
10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Compliance and Additional Guarantee
Article 13 - Delivery and Execution
Article 14 - Payment Article
15 - Complaints Procedure Article
16 - Disputes Article
17 - Additional or Deviating Provisions

Article 1 - Definitions In these terms and conditions, the following definitions apply:

  • Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these items, digital content, and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  • Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
  • Consumer: the natural person who does not act for purposes relating to his trade, business, craft, or profession;
  • Day: calendar day;
  • Digital content: data produced and supplied in digital form;
  • Continuing performance contract: an agreement that extends to the regular delivery of goods, services, and/or digital content over a certain period;
  • Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended and that allows unchanged reproduction of the stored information;
  • Right of withdrawal: the consumer's possibility to withdraw from the distance contract during the cooling-off period;
  • Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers remotely;
  • Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the agreement only or also use is made of one or more techniques for remote communication;
  • Model withdrawal form: the European model withdrawal form included in Annex I to these conditions;
  • Technique for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being physically present in the same room at the same time.

Article 2 - Identity of the Entrepreneur
Akiba.be
Registered office: Borgstraat 145, 2890 Puurs-Sint-Amands, Belgium
Commercial Court Antwerp
Email: contact@akiba.be
VAT: BE0878115561

Article 3 - Applicability

  • These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and 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, how the general terms and conditions can be inspected by the consumer and that they 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 electronically in such a way that it can be easily stored by the consumer 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 accessed electronically and that they will be sent to the consumer free of charge upon request electronically or in another manner.
  • In case specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraph shall apply accordingly and the consumer can always rely on the applicable provision that is most favorable to him in case of conflicting conditions.

Article 4 - The Offer

  • All images, photos, etc...; including data regarding weight, dimensions, color, etc., on Akiba.be are only approximate, indicative, and cannot give rise to compensation or termination of the contract.

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 out therein.
  • If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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 may dissolve the agreement.
  • If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall provide a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.
  • Within the legal framework, the entrepreneur may - ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request for special conditions.
  • At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur shall include 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 medium:
    • the visiting address of the entrepreneur's establishment where the consumer can address complaints;
    • 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;
    • information about guarantees and existing service after purchase;
    • the price including all taxes of the product, service, or digital content; if applicable, the delivery costs; and the method of payment, delivery, or implementation of the distance contract;
    • the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
    • if the consumer has a right of withdrawal, the model withdrawal form.
  • In the case of a continuing performance contract, the provision in the preceding paragraph shall only apply to the first delivery.

Article 6 - Right of Withdrawal

  • Legally, the buyer has the right to a 14-day cooling-off period, during which the buyer can inform Akiba.be in writing that he wishes to cancel the purchase. The buyer bears the transportation costs for the return of the purchase, and the purchase amount will be refunded. In practice, Akiba.be will only be able to apply this right to non-food items (21% VAT), for hygienic reasons. This includes all food items (6% VAT).
  • The buyer must check the delivered goods upon receipt. If it appears that the goods are incomplete or damaged, the buyer must immediately notify Akiba.be in writing, and the goods will be replaced or refunded if the complaint is justified.

Article 7 - Obligations of the Consumer During the Cooling-off Period

  • During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  • The consumer is only liable for any depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
  • The consumer is not liable for any depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs

  • If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
  • As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  • The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  • The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  • The consumer shall bear the direct costs of returning the product. If the entrepreneur has not notified the consumer that he must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.
  • The consumer shall not bear the costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
    • he has not expressly agreed to the commencement of performance of the contract before the end of the cooling-off period;
    • he has not acknowledged losing his right of withdrawal upon granting his consent; or
    • the entrepreneur has failed to confirm this statement from the consumer.
  • If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal

  • If the entrepreneur enables the consumer to make the withdrawal notification electronically, he shall immediately send a confirmation of receipt after receiving this notification.
  • The entrepreneur shall reimburse all payments made by the consumer, excluding any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer has demonstrated that he has returned the product, whichever occurs earlier.
  • The entrepreneur shall use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  • If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the Right of Withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly indicated this in the offer, at least in a timely manner before the conclusion of the contract:

  • Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
  • Contracts concluded during a public auction. A public auction means a method of sale whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is present in person or has the opportunity to be present in person at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services;
  • Service contracts, after full performance of the service, but only if:
    • the performance has begun with the consumer's express prior consent; and
    • the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
  • Products made according to the consumer's specifications, which are not prefabricated and which are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  • Products that perish quickly or have a limited shelf life;
  • Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose sealing has been broken after delivery;
  • Products that, by their nature, are irreversibly mixed with other products after delivery;
  • Products such as books, comics, and manga, which due to their nature can be used shortly after receipt and could then be deceptively described as 'unused'.

Article 11 - The Price

  • All prices on Akiba.be are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
  • Notwithstanding the preceding paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices shall be stated in the offer.
  • The prices mentioned in the offer of products or services include VAT.
  • All prices are exclusive of delivery costs, which depend on the nature of the goods and the destination but are clearly stated separately when placing the order.

Article 12 - Performance of the Agreement and Additional Warranty

  • The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  • An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  • An additional warranty means any commitment by the entrepreneur, its supplier, importer, or manufacturer in which certain rights or claims are granted to the consumer that go beyond what he is legally obliged to do in the event of failure to fulfill his part of the agreement.

Article 13 - Delivery and Execution

  • The entrepreneur shall exercise the greatest possible care when receiving orders for products and when assessing applications for the provision of services.
  • Akiba.be will endeavor to deliver the ordered goods within seven working days after the order confirmation and the necessary receipt of payment to the delivery address, provided they are in stock. To proceed with the delivery of an order, the buyer may be contacted to verify the accuracy of the order. This may cause some delay in delivery. Please provide a daytime phone number during registration so that any delay can be avoided as much as possible.
  • The above-mentioned delivery times are indicative and not absolute deadlines.
  • The place of delivery is the address communicated by the consumer to the entrepreneur.
  • Subject to what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be or only partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement at no cost and to claim compensation for any damages.
  • After dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
  • The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative made known to the entrepreneur, unless expressly agreed otherwise.
  • Goods are only delivered within the European Union.

Article 14 - Payment

  • Unless otherwise agreed in the agreement or additional conditions, the amounts due by the consumer must be paid within 14 days after the start of the cooling-off period, or if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of a contract for the provision of a service, this period commences on the day following the consumer's receipt of the confirmation of the agreement.
  • In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to pay in advance more than 50%. If advance payment is agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has taken place.
  • The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

Article 15 - Complaints Procedure

  • The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure.
  • Complaints about the performance of the agreement must be submitted to the entrepreneur in writing and described in full and clearly 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 respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
  • If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the complaint was submitted, a dispute arises that is subject to dispute resolution.

Article 16 - Disputes

  • Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 17 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.