General Terms
Company details
PlayWear BV
70 High Street, 9450 Haaltert
info@playwear.be
KBO no: 0804.110.402
BTW nr: BE0804.110.402
Article 1: General provisions
The e-commerce website of PlayWear, a sole proprietorship with its registered office in Jette, VAT BE0804.110.402, RPR PlayWear, (hereinafter '[...]') offers its customers the opportunity to purchase the products from its online store.
These General Terms and Conditions ("Terms") apply to every order placed by a visitor of this e-commerce website ("Customer"). When placing an order through the PlayWear web store, the Customer must expressly accept these Terms, thereby agreeing to the applicability of these Terms, excluding all other terms. Additional terms from the Customer are excluded, unless they have been accepted in advance, in writing and expressly by […].
Article 2: Price
All prices stated are expressed in EURO, always including VAT and all other duties or taxes required to be paid by the Customer.
If delivery, reservation or administrative costs are charged, this will be stated separately.
The price statement applies exclusively to the items as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalog and the e-commerce website are compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Apparent mistakes or errors in the offer do not bind […]. [...] is only obliged to ensure the accuracy and completeness of the information provided to a best-efforts commitment. [...] is in no case liable in the event of manifest material errors, typographical or printing errors.
If the Customer has specific questions about, for example, sizes, color, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance.
The offer is valid as long as stocks last and can be adjusted or withdrawn at any time by [...]. […] cannot be held liable for the unavailability of a product. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
Ordering via www.playwear.be is easy. You select the desired products and then go to your shopping cart. The next step in the ordering process is to add your details so that we can send your products to the correct address. You can then choose standard delivery or fast delivery. You will then be redirected to the payment page via your chosen payment method. As soon as you have completed your order, you will be notified via the email address you provided. For the delivery process, we would like to refer you to our page https://playwear.be/pages/verzending-levering
The Customer can choose between the following payment methods:
- via credit card
- via bank card
- via Paypal
- via iDeal
[…] is entitled to refuse an order due to a serious shortcoming on the part of the Customer with regard to orders in which the Customer is involved.
Article 5: Delivery and execution of the agreement
See https://playwear.be/pages/verzending-levering for more information regarding delivery.
Items ordered through this online store are delivered in Belgium, the Netherlands, Luxembourg, France and Germany.
Unless otherwise agreed or expressly stated otherwise, the goods will be delivered to the Customer's place of residence within 30 days of receipt of the order.
Any visible damage and/or qualitative shortcoming of an item or other shortcoming during delivery must be reported by the Customer immediately to […].
The risk of loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has physically taken possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier of the Customer has been instructed to transport the goods and this choice was not offered by the […].
Article 6: Retention of title
The delivered items remain the exclusive property of the Customer until full payment has been made [...].
The Customer commits to inform third parties of the retention of title of [...] if necessary, for example, to anyone who would seize the articles that have not yet been fully paid.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who purchase items online from PlayWear in their capacity as consumers.
The Customer has the right to withdraw from the agreement within a period of 14 calendar days without giving reasons.
The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, acquires physical possession of the good.";
To exercise the right of withdrawal, the Customer must inform PlayWear, Hoogstraat 70, 9450 Haaltert, info@playwear.be by an unequivocal statement (e.g. in writing by post or e-mail) of his decision to withdraw from the agreement . The Customer can use the attached model withdrawal form for this, but is not obliged to do so.
To comply with the withdrawal period, the Customer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to PlayWear, Hoogstraat 70, 9450 Haaltert, Belgium without delay, but in any case no later than 14 calendar days after the day on which he communicated his decision to withdraw from the agreement to PlayWear. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.
The direct costs of returning the goods will be borne by PlayWear. Returns are therefore free.
The Customer is requested to return the items in their original condition and packaging, with all accompanying accessories and instructions. If the returned product has in any way diminished in value, […] reserves the right to hold the Customer liable and to claim compensation for any depreciation of the goods resulting from the Customer's use of the goods that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
All returned items will be carefully examined. The basic principle here is that the consumer may only inspect the item as he would in a store. Returned items may be tried on, but may not have been used. If an item has suffered a reduction in value due to the use of the Customer, this will be charged to the Customer.
If the Customer revokes the agreement, PlayWear will refund all payments received from the Customer up to that time, including standard delivery costs, to the Customer within a maximum of 14 calendar days after PlayWear has been informed of the Customer's decision to terminate the agreement. revoked. For sales contracts, PlayWear may withhold reimbursement until it has received all the goods back, or until the Customer has demonstrated that he has returned the goods, whichever comes first.
Any additional costs resulting from the Customer's choice of a different method of delivery than the cheapest standard delivery offered by PlayWear will not be refunded.
PlayWear will reimburse the Customer using the same payment method as the Customer used for the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged any costs for such reimbursement.
The Customer cannot exercise the right of withdrawal for:
- service agreements after the full performance of the service;
- the delivery or provision of goods or services whose price is linked to fluctuations in the financial market over which […] has no influence and which may occur within the withdrawal period;
- the delivery of goods manufactured according to the Customer's specifications, or that are clearly intended for a specific person;
- the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- the delivery of goods that, by their nature, are irrevocably mixed with other products after delivery;
- agreements concluded during a public auction;
Article 8: Warranty
Under the Act of 21 September 2004 on the protection of consumers in the sale of consumer goods, consumers have legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
To invoke the warranty, the Customer must be able to provide proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer's home, the Customer must contact the [...] customer service and return the item at their own expense to [...].
In the event of a defect being established, the Customer must […] inform as soon as possible. In any case, any defect must be reported within a period of 4 weeks after it has been established by the Customer. Thereafter, any right to repair or replacement expires.
The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the user instructions or manual, adjustments or changes to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 2 months following the date of purchase, or delivery if applicable, are deemed not to be hidden defects, unless the Customer proves otherwise.
Article 9: Customer service
The customer service of […] can be reached via email at info@playwear.be. Any complaints can be directed here.
Article 10: Sanctions for non-payment
Notwithstanding the exercise of other rights held by [...], in the event of non-payment or late payment, the Customer shall be automatically and without notice liable to pay interest at a rate of 10% per annum on the unpaid amount from the date of default. Furthermore, the Customer shall also be automatically and without notice liable to pay a flat-rate compensation of 10% on the relevant amount, with a minimum of 25 euros per invoice.
Notwithstanding the foregoing, [...] reserves the right to reclaim the items that have not been (fully) paid for.
Article 11: Privacy
The controller, PlayWear, respects the Belgian law of December 8, 1992 regarding the protection of private life in the processing of personal data.
The personal data you provide will only be used for the following purposes: the execution of the concluded agreement, processing the order, sending newsletters and advertising and/or marketing purposes.
You have a legal right to inspect and possibly correct your personal data. Provided proof of identity (copy of identity card) you can obtain the written notification of your personal data free of charge via a written, dated and signed request to PlayWear, Hoogstraat 70, 9450 Haaltert, info@playwear.be. If necessary, you can also request that the data that is incorrect, incomplete or not pertinent be corrected.
In case of use of data for direct marketing: You can object to the use of your data for direct marketing free of charge. To this end, you can always contact PlayWear, Hoogstraat 70, 9450 Haaltert, info@playwear.be.
We treat your data as confidential information and will not pass it on, rent or sell it to third parties.
'The customer is responsible for keeping their login details confidential and for the use of their password. Your password is stored in an encrypted format, […] therefore has no access to your password.'
[…] keeps online (anonymous) visitor statistics to see which pages of the website are visited and to what extent.
If you have any questions about this privacy statement, you can contact us at […].
Article 12: Use of cookies
During a visit to the site, 'cookies' may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine.
'First party cookies' are technical cookies that are used by the visited site itself and that aim to ensure that the site functions optimally.
You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently deleted from your hard drive. You can do this via the settings of your browser (via the help function). Please note that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.
By using our website, you agree to our use of cookies.
Article 13: Affect of validity - non-renunciation
If any provision of these Terms is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
The failure at any time by [...] to enforce any of the rights listed in these Terms, or to exercise any right hereunder, shall never be construed as a waiver of such provision and shall never affect the validity of these rights.
Article 14: Changes to conditions
'These Terms are supplemented by other terms explicitly referred to, and the general sales conditions of [...]. In case of contradiction, these Terms shall prevail.'
Article 15: Evidence
The Customer accepts that electronic communications and backups can serve as evidence.
[…] has endorsed the Regulations of the UNIZO e-commerce label. A copy of these Regulations and access to UNIZO's complaints procedure is available via https://www.unizo.be/uw-webshop-juridisch-waterdicht-dankzij-het-unizo-e-commercelabel.
Article 16: Applicable law – Disputes
Belgian law applies, with the exception of the provisions of private international law regarding applicable law.
The courts of the Consumer's place of residence have jurisdiction in legal disputes. The Consumer can also contact the ODR platform (http://ec.europa.eu/consumers/odr/).
Appendix 1: Model withdrawal form
Dear Customer, you only need to complete and return this form if you wish to withdraw from the agreement.
To PlayWear BV, Hoogstraat 70, 9450 Haaltert,
info@playwear.be:
I/We (*) hereby inform you that I/we (*) revoke (*) our agreement regarding the sale of the following goods/supply of the following service (*):
Ordered on (*)/Received on (*):
Name(s) of consumer(s):
Consumer(s) address:
Signature of consumer(s) [alleen wanneer dit formulier op papier wordt ingediend]:
Datum :
(*) Delete what is not applicable.