GENERAL TERMS AND
CONDITIONS
Article 1: Scope of application
1.1. These general terms and conditions apply to every agreement concluded by a visitor to the webshop accessible via the website www.sterkstokers.be (hereinafter referred to as “customer”) with Sterkstokers BV, with registered office at 2960 Sint-Lenaarts, Theo Coertjenslaan 10, with company number 0822.495.563, RPR Antwerp, Hasselt department (hereinafter referred to as “Sterkstokers”). These terms and conditions form an integral part of the agreement with the customer. They can only be deviated from expressly in writing.
1.2. These general terms and conditions take precedence over the terms and conditions of the customer or a third party, even if Sterkstokers BV has not expressly protested against them.
1.3. The application of these general terms and conditions is expressly accepted by the customer by concluding an agreement with Sterkstokers BV via the webshop, and this in accordance with the modalities of article 10 of these general terms and conditions.
1.4. If one or more provisions of these terms and conditions are or become null and void, in whole or in part, this shall not entail the nullity of the other general terms and conditions. Sterkstokers BV undertakes to replace the null and void clause with a legally valid clause that will correspond to the original intention of Sterkstokers BV, or will come as close as possible to it.
Article 2: Price
2.1. All prices are expressed in euros, including VAT and excise duties. The prices stated on the date of the order are applicable.
The price quoted refers exclusively to the article as literally described.
2.2. The delivery costs are communicated to the customer before he proceeds to order. By placing the order, the customer acknowledges that these costs will be entirely at his expense.
Only the costs of any subsequent shipments will be borne by Sterkstokers BV.
2.3. When calculating the total price, the additional cost charged for the empties is indicated. These empties cannot be exchanged via the webshop, but only by presenting them at a Sterkstokers BV branch.
2.4. Sterkstokers BV reserves the right to correct any typographical errors in the price quote. Sterkstokers BV can change the prices unilaterally if these price changes are due to objective circumstances beyond its control, such as changes in VAT, taxes and excise duties, delivery costs, purchase costs, raw materials, etc. This list of objective circumstances is not exhaustive and is for example purposes only.
Article 3: Order
3.1. The agreement between the customer and Sterkstokers BV is validly concluded at the time of placing the order. The order is placed by sending it electronically to Sterkstokers BV when the customer clicks on the hyperlink “Place order and pay”.
3.2. Sterkstokers BV only sells and delivers goods to adults.
3.3. The general terms and conditions are provided as a downloadable link in the confirmation email that the customer receives after placing his or her order.
Article 4: Retention of title
4.1. The articles remain the property of Sterkstokers BV or, where applicable, the property of the relevant partner of Sterkstokers BV until full payment of the purchase price and, where applicable, the shipping costs.
Article 5: Payment
5.1. Payment is always made electronically via credit card, Bancontact, KBC/CBC online, Belfius Pay Button, iDEAL or Bancontact. Each order is immediately payable at the time of the conclusion of the agreement.
The payment provider for the Sterkstokers BV webshop is Ingenico Financial Solutions NV, with registered office at 1200 Brussels, 102 Boulevard de la Woluwe, company number 0886.476.763.
5.2. In case of purchases by credit card, the purchase will be charged to the customer's credit card when Sterkstokers BV proceeds to ship the order.
5.3. When purchasing via the webshop, no points can be saved in the loyalty program (Freedelity).
5.4. No points from the loyalty program (Freedelity), other savings points or cards, nor discount codes or gift vouchers can be exchanged via the webshop.
Article 6: Delivery
6.1. The delivery of the purchased goods will in principle take place within a period of seven (7) working days after receipt of payment, unless the parties expressly agree otherwise.
Delays in the delivery of these goods or services shall under no circumstances entitle you to any compensation.
6.2. For the delivery of the ordered goods, Sterkstokers BV uses the services of bpost, which uses its own delivery schedule. The bpost delivery schedule can be consulted by the customer on the website, but is merely indicative. Any change to the delivery schedule by bpost cannot be attributed to Sterkstokers BV.
6.3. If the customer is not at home at the time of delivery or is unable to accept delivery, delivery will take place, as the case may be, at the Post Office, a Post Point or a Sterkstokers BV branch. The applicable procedure can be consulted here .
6.4. If the customer does not collect the delivery within the period provided for in article 6.3, these goods will be returned to Sterkstokers BV and the agreement will be deemed to have been unilaterally terminated by the customer. The customer will owe an amount equal to 30% of the total purchase price (including costs). Any remaining balance will be transferred back to the customer by Sterkstokers BV.
6.5. If certain goods prove to be unavailable or not delivered (with) after ordering for whatever reason, Sterkstokers BV has the option, without prejudice to the provisions of article 9, to terminate the agreement with a refund of the purchase price of the undelivered goods, or to deliver the goods as soon as possible at its own expense.
Such dissolution or subsequent forwarding cannot give rise to any liability for damages on the part of Sterkstokers BV.
6.6. Sterkstokers BV will inform the customer as soon as possible in the cases described in article 6.5. of the further progress of the delivery of its order. The customer always has the option to refuse a subsequent shipment.
Article 7: Liability
7.1. Despite the fact that the online catalogue and the e-commerce website are compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind Sterkstokers BV. Sterkstokers BV is only bound to a means obligation with regard to the correctness and completeness of the information provided. Sterkstokers BV is in no case liable in the event of obvious material errors, typographical errors or printing errors.
If the customer has specific questions about e.g. availability, delivery time or delivery method, we request the customer to contact our customer service in advance via 03 293 92 61 or via [email protected] .
7.2. The offer is always valid while stocks last and can be adjusted or withdrawn at any time by Sterkstokers BV. Sterkstokers BV cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
7.3. Furthermore, Sterkstokers BV can in no case be held liable for consequential damage. The extent of any possible compensation for direct damage is limited to the amount of the purchase in question.
The customer will under no circumstances proceed to further distribution of the goods purchased by them. In the event of a breach of this provision, the customer will owe Sterkstokers BV compensation of EUR 750.00 per breach.
Article 8: Right of withdrawal
Information about the right of withdrawal:
8.1. The customer has the right to cancel the contract within 14 days without giving any reason and without costs (except for the costs mentioned in article 8.4 and 8.7). The cancellation period expires 14 days after the day on which you or a third party indicated by you, who is not the carrier, acquires physical possession of the last good.
8.2. To exercise the right of withdrawal, you must inform us (by regular mail: Sterkstokers BV Sint-Lenaarts, Theo Coertjenslaan 10, or by e-mail: [email protected] ) of your decision to withdraw from this agreement by means of an unequivocal statement. You may use the contact form that you will find on the website for this purpose, but you are not obliged to do so.
If you make use of this option, we will immediately send you an acknowledgement of receipt of your revocation on a durable data carrier.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Exception to the right of withdrawal
8.3. U heeft geen recht om de overeenkomst te herroepen als uw bestelling bestaat uit verzegelde goederen waarvan de verzegeling na de levering is verbroken. Na het openen of wijzigen van de veiligheidsverpakking die het artikel geheel of gedeeltelijk bedekt, kan u de aankoop niet meer herroepen. Producten die op maat gemaakt zijn, recept of bedrukking, vallen buiten het herroepingsrecht.
8.4. If you revoke this contract, we will reimburse to you all payments received from you up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke this contract, without prejudice to the provisions of Article 8.8.
8.5. The reimbursement will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.
8.6. You must return or hand over the goods to us (Sterkstokers BV, 2960 Sint-Lenaarts, Theo Coertjenslaan 10) without delay, but in any event no later than 14 days after the day on which you communicated your decision to cancel the agreement to us. This will be done on time if you return the goods before the period of 14 days has expired.
8.7. The customer will have to bear the costs of returning the goods.
8.8. Sterkstokers BV may wait with reimbursement until it has received the goods back, or until the customer has demonstrated that he has returned the goods, whichever comes first.
8.9. The customer is only liable for any diminished value of the goods resulting from the handling of the goods that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
Article 9: Force Majeure
9.1. In situations of force majeure (such as war, strike, lock-out, power failures, theft, fire, logistical problems at third parties, etc.) which could result in Sterkstokers BV not being able to meet its obligations or not being able to meet them in a timely manner, Sterkstokers BV is not liable for any damage suffered by the customer and can in no case be liable for any compensation. Sterkstokers BV's obligations are suspended for the duration of the force majeure.
Article 10: Express acceptance
10.1. Placing an order with Sterkstokers BV via the webshop is only possible if the customer expressly agrees to the content and applicability of the present general terms and conditions to the purchase agreement to be concluded. To this end, the customer must tick the checkbox next to the mention "Agree with General Terms and Conditions" before completing the order.
Article 11: Product information
11.1. Sterkstokers BV strives to inform its customers as accurately, completely and correctly as possible about the products it offers.
This concerns an obligation of means.
11.2. In the event of any discrepancies between the information provided by Sterkstokers BV and that stated on the product labels, the information on the product labels shall prevail.
11.3. The customer must at least check the available product information before proceeding to consumption. By consuming, the customer expressly waives any recourse or claim against Sterkstokers BV.
Article 12: Complaints
12.1. Visible defects must be noted immediately upon delivery on the delivery note, delivery note or consignment note.
12.2. Any other complaints must be submitted to Sterkstokers BV immediately, and at the latest within a period of fourteen (14) days after receipt of the purchased goods, via our contact form . The complaints procedure as provided by BeCommerce can be consulted here.
Article 13: Applicable law and jurisdiction
13.1. All legal relationships between Sterkstokers BV and the customer are exclusively subject to Belgian law.
13.2. Sterkstokers BV wishes to inform the customer of the existence of the ODR platform for alternative dispute resolution, which can be found at http://ec.europa.eu/odr/ . Furthermore, the dispute can be submitted to the BeCommerce Disputes Committee, in accordance with the complaints procedure as included in article 12.2.
13.3. For any dispute between the parties, only the courts of the resort of the Court of Appeal in Antwerp, Hasselt division, shall have jurisdiction.
Article 14: Code of Conduct
14.1. Sterkstokers BV endorses the Belgian BeCommerce code of conduct. Consult the Becommerce code of conduct here .
Article 15: Prevention of Counterfeiting
15.1. Sterkstokers BV always offers only products that it produces itself. In case of doubt about the authenticity of products, the consumer can find more information and tips on the website https://www.eccbelgie.be . In case of suspicion of counterfeiting, the consumer can always file a complaint via the Reporting Point https://meldpunt.belgie.be/meldpunt .
Do you have any questions? Please contact Sterkstokers BV here