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 - Obligations of the consumer during the withdrawal period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the trader upon withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Vouchers
Article 17 - VAT
Article 18 - Complaints procedure
Article 19 - Disputes
Article 20 - Additional or different provisions

Article 1 - Definitions
In these terms and conditions, the following terms are understood to mean:
Ancillary contract: a contract 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 trader or by a third party on the basis of an arrangement between that third party and the trader;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: The natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Contract for an indefinite period of time: a contract that extends to the regular supply of goods, services and/or digital content for a specific period of time;
Durable data carrier: Any device - including e-mail - 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 of time appropriate to the purpose for which the information is intended, and which makes unaltered reproduction of the stored information possible;
Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;
Entrepreneur: The natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer under an organized system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or joint use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer does not have a right of withdrawal in respect of his order;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

*Holidays may affect our opening hours, for more information : See our contact page.

Email address: contact@speedwear.be
Chamber of Commerce number: BE0417.163.742
VAT identification number: BE0417.163.742

Article 2 - Identity of the entrepreneur
Speedwear, A div. of Eyckmans Group, Atealaan 36,2200 Herentals, Belgium

Phone number: +32 (0)14 26 14 21 Reachable at*:

Tuesday: 9 a.m. - 6 p.m.
Wednesday: 9 a.m. - 6 p.m.
Thursday: 9 a.m. - 6 p.m.
Friday: 9 a.m. - 6 p.m.
Saturday: 10 a.m. - 4 p.m.

Article 3 - Applicability
These general terms and conditions apply to every offer made by 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, before the distance contract is concluded, the entrepreneur will indicate in what way the general conditions can be inspected at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions can be made available to the consumer electronically in such a way that the consumer can easily store them 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 inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions the consumer can always invoke the applicable provision that is most favorable to him.

Article 4 - The offer
If an offer has a limited validity period or is made subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.
The products offered on the website are not related to stock. Products that are not in stock at the time of acceptance by the consumer, will be ordered by the entrepreneur and later delivered to the consumer. The consumer will be informed of this at the time of acceptance of the product. If the consumer does not agree with the possible waiting period, the consumer has the right to cancel the order.

Article 5 - The agreement
The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. 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 created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can, within legal frameworks - inform himself 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 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 application or to attach special conditions to the implementation, giving reasons.
The trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier, at the latest when the product, service or digital content is delivered:
the visiting address of the trader's office where the consumer can go with complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating 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 case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal
For products:
The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
if the consumer has ordered several products in one order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period
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 establish the nature, characteristics and operation 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 diminished value of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for diminished value 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 thereof
If the consumer makes use of his right of withdrawal, he notifies the entrepreneur of this within the withdrawal period by means of the model withdrawal form or in another unambiguous way.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has met the return period in any case if he returns the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories, in 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 lies with the consumer.
The consumer bears the direct costs of returning the product. If the trader indicates to bear the costs himself, the consumer does not have to bear the costs of return shipment.
If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 - Obligations of the trader in case of withdrawal
If the trader enables the consumer to report his withdrawal electronically, he will send a confirmation of receipt of this report without delay.
The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader 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 pick up the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
For repayment, the entrepreneur shall use the same means of payment that the consumer has used, unless the consumer agrees to another 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 trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:
Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Service contracts, after full performance of the service, but only if:
the performance has started with the express prior consent of the consumer; and
the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully performed the contract;
Package holidays as referred to in Article 7:500 BW and passenger transport contracts;
Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Sealed products that for reasons of health protection or hygiene are not suitable to be returned and whose seal has been broken after delivery;
Products that after delivery are by their nature irrevocably mixed with other products;
The supply of digital content other than on a tangible medium, but only if:
the performance has started with the express prior consent of the consumer; and
the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price
During the validity period mentioned in the offer, the prices of the products and/or services on offer 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 prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract 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 it and:
a. they are the result of legal regulations or provisions; or
b. 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 are including VAT.

Article 12 - Compliance with the contract and additional warranty
The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
An additional warranty provided by the Entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the Consumer may assert against the Entrepreneur under the contract if the Entrepreneur has failed to fulfill his part of the contract.
Extra warranty means any commitment by the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

Article 13 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and implementing orders of products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible compensation.
After dissolution in accordance with the previous 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 time of delivery to the consumer or a previously designated and announced to the entrepreneur representative, unless otherwise expressly agreed.

Article 14 - Extended duration transactions: duration, termination and extension
Termination:
The consumer may terminate an open-ended contract that has been concluded for the regular delivery of products at any time, subject to the agreed termination rules and a period of notice that does not exceed one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products at any time at the end of the fixed term in accordance with the applicable termination rules and a maximum notice period of one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least terminate them in the same way as they were entered into by him;
always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Renewal:
A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this extended contract by the end of the extension with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period not exceeding one month. The maximum notice period is three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular delivery of trial daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
If a contract has a duration of more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment
Insofar as not otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer received confirmation of the agreement.
When selling products to consumers, general terms and conditions may never require the consumer to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the implementation of the order or service(s) in question before the stipulated advance payment has taken place.
The consumer has the duty to report inaccuracies in payment details provided or stated immediately to the trader.
Each invoice should be paid by the consumer before the goods are dispatched.
If, in exceptional cases, the consumer does not timely meet his payment obligation(s), he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, the consumer owes the statutory interest on the amount due and the entrepreneur has the right to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The entrepreneur can deviate from the mentioned amounts and percentages for the benefit of the consumer.
Payment methods offered by the entrepreneur on the webshop. Payments will be made using the Mollie payment platform, in which the consumer has the option to choose the following methods:
Belfius Direct Net KBC/CBC
Payment button PayPal
Bank transfer
Credit card VISA, MASTERCARD
iDEAL
SOFORT Banking
Bancontact

Payment can be made directly to our bank account.

Our bank details are: EGP-Speedwear NV
IBAN code: BE96 6451 10 79 0405 BIC code: JVBABE 22

Article 16 - Vouchers
The validity of the vouchers, coupons, gift vouchers and tickets of the IAME-championships and Circuit Zolder Merchandising tickets is 1 year.

Article 17 - VAT
VAT Buyers living outside the European Community (Switzerland, Norway, USA, Canada, Australia, Asia, Far East, Africa, etc.) do not have to pay VAT. Buyers living outside Belgium can buy VAT free, provided they have a valid VAT number.

Article 18 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement should be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
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.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is susceptible to the dispute settlement.

Article 19 - Disputes
Only Belgian law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions relate.

Article 20 - Additional or different provisions
Additional or different provisions from these general 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.

* Instructions for returning goods;

Returns to the following address:
Speedwear
Attn. ENGY EYCKMANS/Webshop
Atealaan 36
2200 Herentals

PLEASE NOTE: Some things that your return package must definitely meet, otherwise it will not be handled!

Be sure to add a note to the packet that includes the following information:

  • The name on which the order is made
  • The order number (you will find it in your confirmation email)
  • Reason why you are returning the package
  • What you would like to receive in its place
  • Please also make sure that you return the goods in sturdy packaging! Items damaged by transport will not be processed!

As soon as the item is returned undamaged and unused and has arrived in our shop, we will contact you for further processing.

Customers must return the package at their own expense or come to exchange at our store in Herentals.