Privacy Policy

Table of contents

Article 1 – Definitions

Article 2 – Economic operator identity

Article 3 – Scope

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Costs in the event of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Conformity and guarantee

Article 11 – Delivery and execution

Article 12 – Continuing performance contract: duration, termination, and renewal

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following terms have the following meanings:

1. Grace period: The period within which the consumer can make use of their right of withdrawal.
2. Consumer: the natural person who is not acting in the exercise of a profession or business and concludes a distance contract with the economic operator.
3. Day: calendar day.
4. Continuing performance contract: a distance contract relating to a series of products and/or services whereby the delivery and/or purchase obligation is spread over time.
5. Durable data carrier: every means that enables the consumer or economic operator to store information addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
6. Right of withdrawal: the option for the consumer to waive the distance contract within the grace period.
7. Model form: the standard form for withdrawal that the economic operator makes available and that a consumer may complete if they wish to make use of their right of withdrawal.
8. Economic operator: the natural or legal entity that offers products and/or services to consumers from a distance.
9. Distance contract: an agreement whereby sole use is made of one or more technologies for distance communication within the framework of a system organised by the economic operator for the distance sale of products and/or services, up to and including the moment that the contract is concluded.
10. Distance communication technology: the means that can be used for concluding an agreement without the consumer and economic operator being present in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the economic operator.

Article 2 – Economic operator identity

In The Air

Jan van mirlostraat, 6/201

2050 Antwerp

Belgium

T +32 474 823 850

E anneleen@intheair.aero

VAT number BE0671834173

Article 3 – Scope

1. These general terms and conditions apply to every offer made by the economic operator and to every distance contract and order that is concluded between the economic operator and the consumer.
2. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before concluding the distance contract that the general terms and conditions can be inspected at the economic operator’s premises and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a manner that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then, before the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that these will be sent free of charge to the consumer at their request, either electronically or in some other way.
4. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs will apply equally and, if conflicting general terms and conditions exist, the consumer can always invoke the applicable provision that most favours them.
5. If one or more provisions in these general terms and conditions are null and void or annulled in part or in full at any time, the contract and the rest of these terms and conditions will remain in force and the provision in question will be replaced without delay, in mutual consultation, by a provision that approximates the meaning of the original provision as closely as possible.
6. Situations not regulated by these general terms and conditions are to be assessed ‘in the spirit’ of these general terms and conditions.
7. Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions will be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. Maximum validity is fixed at two years.
2. The offer is non-binding. The economic operator is entitled to change and amend the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description will be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the economic operator uses images, these are a true reflection of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding for the economic operator.
4. All images, specifications, and data in the offer are indicative and cannot serve as a reason for compensation or termination of the contract.
5. Product images are a true representation of the offered products. The economic operator cannot guarantee that the colours displayed will exactly match the actual colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. In particular, this concerns:

o the price including taxes.

o shipping costs, if any.

o how the contract will be executed and what actions are required for this purpose.

o whether or not the right of withdrawal applies.

o the method of payment, delivery, and execution of the contract.

o the period for accepting the offer or the period within which the economic operator guarantees the price.

o the base rate amount for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used.

o whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer.

o how the consumer, before concluding the contract, can verify the data they provided in the context of the contract and, if desired, correct it.

o any other languages besides Dutch in which the contract may be concluded.

o the codes of conduct to which the economic operator is subject and how the consumer can consult this code of conduct electronically.

o the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 – The contract

1. The contract goes into effect, subject to that which is stipulated in paragraph 4, at the moment the consumer accepts the offer and fulfils the associated conditions.
2. If the consumer accepts the offer electronically, the economic operator will immediately electronically confirm receipt of acceptance of the offer. The consumer can terminate the contract as long as their acceptance has not been confirmed by the economic operator.
3. If the contract is concluded electronically, the economic operator will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the economic operator will take appropriate security measures.
4. The economic operator can – within legislative frameworks – determine whether the consumer can fulfil their payment obligations, as well as determine all facts and factors that are important for a sound conclusion of the distance contract. If based on this investigation, the economic operator has good reason not to conclude the contract, it is entitled with motivation to refuse an order or application or to attach special conditions to the implementation.
5. The economic operator will include the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

o the visiting address of the economic operator’s business establishment where the consumer can lodge complaints.

o the conditions under which and how the Consumer may exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal.

o the information on guarantees and existing after-sales service.

o the data included in article 4, paragraph 3, of these terms and conditions, unless the economic operator has already provided the consumer with this data before the execution of the contract.

o the requirements for terminating the contract when the contract has a duration exceeding one year or is of indefinite period.

6. In the event of a continuing performance contract, the provision in the previous paragraph will apply only to the first delivery.
7. Every contract is concluded per the conditions precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

On delivery of products:

1. When purchasing products, the consumer has the option of terminating the contract without giving reasons for a period of 14 days. This grace period commences on the day after receipt of the product by the consumer or a day designated beforehand by the consumer and announced by their designated representative to the economic operator.
2. During the grace period, the consumer will treat the product and its packaging with due care. The consumer will only unpack or use the product to the extent necessary to judge whether they wish to keep the product. If the consumer makes use of their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original state and packaging to the economic operator, per the reasonable and clear instructions provided by the economic operator.
3. If the consumer wishes to make use of their right of withdrawal, they are obliged to inform the economic operator of this within 14 days of receipt of the product. The consumer must make this known using the standard form or another communication tool such as email. After the consumer has made it known that they wish to make use of their right of withdrawal, the customer must return the product within 14 days. The consumer has to prove that the delivered goods have been returned in time, for example, using a certificate of posting.
4. If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not made known their intention to make use of their right of withdrawal or has not returned the product to the economic operator, the purchase is a fact.

In the case of provision of services:

1. In the case of the provision of services, the consumer has the option of terminating the contract without giving reasons for a period of at least 14 days starting on the day of concluding the contract.
2. To make use of their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the economic operator at the time of the offer and/or at the latest at the time of delivery.

Article 7 – Costs in the event of withdrawal

1. If the consumer makes use of their right of withdrawal, they will not incur more than the cost of returning the goods.
2. If the consumer has paid an amount, the economic operator will refund this amount as soon as possible, but at the latest within 14 days of the withdrawal. This is subject to the condition that the product was already received by the e-shop or that conclusive proof of its complete return can be provided. Reimbursement will be made using the same payment method used by the consumer unless the consumer explicitly consents to a different payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in the value of the product.
4. The consumer cannot be held liable for any reduction in the value of the product if the economic operator has not provided all the information required by law regarding the right of withdrawal; this must occur before concluding the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

1. The economic operator can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal will only apply if the economic operator has clearly stated this in the offer or at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:

o that were brought about by the economic operator per the agreed-upon consumer specifications.

o that are clearly personal in nature.

o that cannot be returned due to their nature.

o that can spoil or age quickly.

o whose price is subject to fluctuations in the financial market over which the economic operator has no influence.

o for single newspapers and magazines.

o for audio and video recordings and computer software where the consumer has broken the seal.

o for hygienic products of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

o concerning accommodation, transport, catering, or leisure activities to be carried out on a certain date or during a certain period.

o where the delivery has started with the consumer’s explicit consent before the grace period has expired.

o concerning betting and lotteries.

Article 9 – The price

1. During the period of validity 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.
2. Contrary to the previous paragraph, the economic operator may offer products or services at variable prices where the costs thereof are subject to fluctuations in the financial market that are beyond the economic operator’s control. The offer will be accompanied by a statement regarding the effect of fluctuations and the fact that any prices quoted are recommended prices.
3. Price increases within three months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from three months after the conclusion of the contract are only allowed if the economic operator has stipulated it and:

o these are the result of statutory regulations or provisions, or,

o the consumer is authorised to terminate the contract on the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the economic operator will not be obliged to deliver the product at the incorrect price.

Article 10 – Conformity and guarantee

1. The economic operator guarantees that the products and/or services conform with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability, and the prevailing legal provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the economic operator also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the economic operator, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the economic operator based on the contract.
3. Any defects or wrongly delivered products must be reported to the economic operator in writing within two months of delivery. The products must be returned in their original packaging and new condition.
4. The guarantee period of the economic operator corresponds to the manufacturer’s guarantee period. However, the economic operator is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or use of the products.
5. The guarantee does not apply if:

o the consumer repaired and/or modified the delivered products himself or had these repaired and/or modified by third parties.

o the delivered products were exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the economic operator and/or on the packaging.

o the inadequacy is entirely or partly the result of regulations that the government laid down or will lay down concerning the nature or quality of the materials used.

Article 11 – Delivery and execution

1. The economic operator will take the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer communicated to the company.
3. Subject to that stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery term. If the delivery is delayed or an order cannot be filled or only partially filled, the consumer will be informed about this no later than 30 days of placing their order. In this case, the consumer has the right to terminate the contract without charge. The consumer is not entitled to any compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any specified deadlines. Exceeding a deadline does not entitle the consumer to compensation.
5. In case of termination per paragraph 3 of this article, the economic operator will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of termination.
6. If delivery of an ordered product becomes impossible, the economic operator will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be stated in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded in the case of replacement items. The cost of any return shipping will be borne by the Economic operator.
7. The risk of damage and/or loss of products rests with the economic operator up to the moment of delivery to the consumer or a previously designated representative announced to the economic operator, unless otherwise expressly agreed.

Article 12 – Continuing performance contract: duration, termination, and renewal

Termination

1. The consumer may terminate an indefinite period contract, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month.
2. The consumer may terminate a definite period contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term per the agreed-upon termination rules and a period of notice that does not exceed one month.
3. The consumer may terminate the contracts referred to in the previous paragraphs:

o at any time and is not limited to terminating at a specific time or in a specific period.

o at least in the same manner as these were concluded by the consumer.

o always with the same period of notice as the economic operator has stipulated for itself.

Extension

1. A definite period contract providing the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period of time.
2. Contrary to the previous paragraph, a definite period contract that was concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer has the right to terminate this renewed contract at the end of the renewal period, with a period of notice that does not exceed one month.
3. A definite period contract that was concluded for the regular supply of products or services may only be automatically extended for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months if the contract is to regularly supply daily or weekly newspapers or magazines, but less than once a month.
4. A contract of limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) will not be tacitly extended and will end automatically at the end of the trial or introductory period.

Duration

1. If a contract duration is more than one year, then, after one year, the consumer may at any time terminate with a period of notice of up to one month, unless reasonableness and fairness dictate otherwise before the end of the agreed upon duration.

Article 13 – Payment

1. Insofar not otherwise agreed upon, the amounts owed by the consumer must be paid within 7 workdays of the start of the grace period stipulated in article 6, paragraph 1. In case of a contract for the provision of a service, this period will start after the consumer has received the confirmation of the contract.
2. The consumer is obliged to immediately report inaccuracies in payment data provided or communicated to the economic operator.
3. In case of non-payment on the part of the consumer, and subject to legal restrictions, the economic operator is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

1. The economic operator has a sufficiently publicised complaints procedure and deals with the complaint per this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the economic operator in a complete and clearly defined manner within two months of the consumer discovering the deficiencies.
3. Complaints submitted to the economic operator will be answered within a period of 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the economic operator will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first turn to the economic operator. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the economic operator’s obligations unless the economic operator indicates otherwise in writing.
7. If a complaint is found to be justified by the economic operator, the economic operator will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Contracts between the economic operator and the consumer to which these general terms and conditions apply are governed exclusively by Belgian law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating 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 such a manner that the consumer can store these in an accessible manner on a durable data carrier.