General Terms and Conditions
General Terms and Conditions of Pretzelking, located in Roeselare. Pretzelking includes the following websites: Pretzelking.be
- General
1.1 These general terms and conditions apply to all offers from Pretzelking.be. The conditions are accessible to everyone and included on the Pretzelking.be website.
1.2 By placing an order, you indicate that you agree with the delivery and payment conditions.
1.3 Unless otherwise agreed in writing, general or specific conditions or stipulations of third parties are not recognized by Pretzelking.be.
1.4 Pretzelking.be guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
1.5 Identity of the company: BE0762.580.940
- Delivery
2.1 Delivery takes place as long as stock lasts.
2.2 Within the framework of the rules for distance selling, Pretzelking.be will execute orders within 30 days at the latest. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer will receive a message within 1 month after placing the order and in that case has the right to cancel the order without costs and without notice of default.
2.3 Pretzelking.be's delivery obligation will, subject to proof to the contrary, be fulfilled as soon as the goods delivered by Pretzelking.be have been offered to the customer once. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All deadlines mentioned on the website are indicative. No rights can therefore be derived from the stated deadlines.
- Prices
3.1 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.2 All prices on the site are in EUROs and include 21% VAT.
- Cooling-off period / right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (a part of) the delivered goods within a period of 14 working days without giving reasons. This period starts at the moment the ordered goods have been delivered. If the customer has not returned the delivered goods to Pretzelking.be after the expiry of this period, the purchase is a fact. The customer is obliged, before proceeding to return, to notify Pretzelking.be thereof via customer service within 14 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered, or damaged in any way by the customer, the right to dissolution in the sense of this paragraph lapses. Subject to what is stipulated in the previous sentence, Pretzelking.be will ensure that within 30 days of proper receipt of the return shipment, the full purchase amount, including the calculated shipping costs, will be refunded to the customer. The return of the delivered goods is entirely at the expense and risk of the customer.
4.2 The right of withdrawal does not apply to:
- goods manufactured according to the consumer's specifications,
for example, custom-made goods, or goods that are clearly personal in nature
- for goods or services that, by their nature, cannot be
returned, for example due to hygiene or goods that can spoil or age quickly.
- Data management
5.1 If you place an order with Pretzelking.be, your data will be included in Pretzelking.be's customer database. Pretzelking.be adheres to the Personal Data Protection Act and will not provide your data to third parties. See our Privacy Policy.
5.2 Pretzelking.be respects the privacy of the users of the website and ensures confidential treatment of your personal data.
5.3 Pretzelking.be sometimes uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.
- Warranty
6.1 Pretzelking.be guarantees that the products delivered by it meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and thus stands for the manufacturer's warranty of the product delivered to you.
6.2 The warranty period of Pretzelking.be corresponds to the manufacturer's warranty period. However, Pretzelking.be is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, unsound or incomplete, the customer must (before returning it to Pretzelking.be) immediately report these defects to Pretzelking.be's customer service. Any defects or incorrectly delivered goods must and can be reported to Pretzelking.be in writing no later than 2 months after delivery. The return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after discovery of a defect, damage arising after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely invalidates this right to complain and return.
6.4 If customer complaints are deemed well-founded by Pretzelking.be, Pretzelking.be will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation, on the understanding that Pretzelking.be's liability and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at Pretzelking.be's option) to the maximum amount covered by Pretzelking.be's liability insurance in the case concerned. Any liability of Pretzelking.be for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to loss of profit.
6.5 Pretzelking.be is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial personnel.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards Pretzelking.be; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or otherwise handled carelessly or treated contrary to the instructions of Pretzelking.be and/or the instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used;
- Offers
7.1 Offers are without obligation, unless otherwise stated in the offer. 7.2 If a non-binding offer is accepted by the buyer, Pretzelking.be reserves the right to revoke or deviate from the offer within 3 working days after receipt of that acceptance.
7.3 Oral commitments only bind Pretzelking.be after they have been expressly confirmed in writing.
7.4 Pretzelking.be's offers do not automatically apply to repeat orders.
7.5 Pretzelking.be cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only valid if agreed upon in writing.
- Agreement
8.1 An agreement between Pretzelking.be and a customer is concluded after an order has been assessed for feasibility by Pretzelking.be.
8.2 Pretzelking.be reserves the right not to accept orders or commissions without stating reasons, or to accept them only on the condition that shipment is made by cash on delivery or after advance payment.
- Images and specifications
9.1 All images; photos, drawings etc.; among other things, data concerning weights, dimensions, colors, images of labels, etc. on the Pretzelking.be website are only approximate, are indicative and cannot give rise to compensation or dissolution of the agreement.
- Force majeure
10.1 Pretzelking.be is not liable if and insofar as its obligations cannot be fulfilled due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which cannot reasonably be for its risk. Delays or non-performance by our suppliers, internet failures, electricity failures, e-mail traffic failures and failures or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of Pretzelking.be as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly considered force majeure.
10.3 In the event of force majeure, Pretzelking.be reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that performance remains possible. In no case is Pretzelking.be obliged to pay any penalty or compensation.
10.4 If Pretzelking.be has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately, and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
- Liability
11.1 Pretzelking.be is not liable for damage to objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.
11.2 Pretzelking.be is not liable for any customs costs charged upon purchase of a product. These costs remain entirely at the expense of the buyer.
- Retention of title
12.1 Ownership of all goods sold and delivered by Pretzelking.be to the customer remains with Pretzelking.be as long as the customer has not paid Pretzelking.be's claims under the agreement or earlier or later similar agreements, as long as the customer has not paid for the work performed or yet to be performed under this or similar agreements, and as long as the customer has not paid Pretzelking.be's claims due to shortcomings in the fulfillment of such obligations, including claims for fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Pretzelking.be that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge the goods subject to retention of title or to encumber them in any other way.
12.4 The customer already now unconditionally and irrevocably authorizes Pretzelking.be or a third party to be appointed by Pretzelking.be to enter all places where its properties are located and to take those goods with them, in all cases where Pretzelking.be wishes to exercise its ownership rights.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Pretzelking.be thereof as soon as can reasonably be expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage, as well as against theft, and to provide Pretzelking.be with the policy of this insurance for inspection upon first request.
- One-time direct debit
13.1 If you disagree with a debit from your account, you can contact customer service. You can expect a response within 2 working days. If your dispute is found to be justified, the debited amount will be immediately credited back to the account from which it was debited.
- Applicable law/competent court
14.1 Belgian law applies to all agreements.
14.2 Disputes arising from an agreement between Pretzelking.be and the buyer, which cannot be resolved by mutual agreement, will be heard by the competent court within the district of Ieper, unless Pretzelking.be prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the competence of the subdistrict court. If you have any questions about these general terms and conditions, please contact us.
