General Terms and Conditions

 

Online terms and conditions of sale of Pokemart.be

1. GENERAL AND DEFINITIONS

1.1 “Pokemart.be”: the private limited liability company “GV-TRADE”, with registered office at Wolfsbergstraat 67, 3600 Genk, registered in the KBO and in the Register of Legal Entities of Antwerp, Tongeren Division under number 0760600556 and known to the VAT authorities under number BE 0760600556, trading under the name “Pokemart.be”.

1.3 “General Terms and Conditions” means these general terms and conditions of sale and delivery.

1.4 “Customer” means any natural or legal person who purchases one or more product(s) or services through this Website, places an order for this purpose or requests a quote.

1.5 “Consumer” means any Customer who, exclusively for non-professional purposes, purchases one or more product(s) or services through the Website, places an order for them or requests a quote.

1.6 “Website”: www.pokemart.be

1.7 The Dutch version of the General Terms and Conditions is the original version. In case of inconsistencies between the different language versions, this Dutch language version will take precedence.

2. APPLICABILITY

2.1 The legal relationship between the Customer and Pokemart.be and everything connected therewith shall be governed exclusively by the following standards: (in hierarchically decreasing order, the following in the absence or silence of the foregoing) (1) the written and signed special agreement; (2) the electronic order confirmation; (3) these General Terms and Conditions; (4) Belgian law. Pokemart.be rejects all other standards and conditions, with the sole exception of those that Pokemart.be has expressly agreed to in writing with the Customer. These expressly accepted deviations in writing are valid only for the agreement to which they relate and cannot be invoked in any other, even similar, agreements.

By using the Website, filling the digital shopping basket on the Website, placing an order and/or concluding any agreement through the Website, the Customer declares to have taken note of and to agree to these General Terms and Conditions and all other rights and obligations as stated on the Website. The Customer is therefore bound by these General Terms and Conditions and the aforementioned rights and obligations in these cases.

2.2 These General Terms and Conditions do not affect the legal rights that are mandatorily granted to the Consumer under applicable national consumer protection laws.

2.3 The possible nullity of one of the provisions of these General Terms and Conditions or a part of a provision does not affect the applicability of the other provisions and/or the rest of the provision. In the event of nullity of one of the provisions, Pokemart.be and the Customer shall, to the extent possible and in accordance with their loyalty and conviction, negotiate to replace the null and void provision with an equivalent provision that complies with the general spirit of these General Terms and Conditions.

2.4 If Pokemart.be were to fail to enforce or apply one or more of the rights listed in these General Terms and Conditions, possibly or even repeatedly, this can only be regarded as tolerating a certain situation and does not lead to the processing of rights. Such omission can never be considered a waiver of such provision(s) and will never affect the validity of these rights.

2.5 Pokemart.be shall at all times be entitled to amend these General Conditions. It is the Customer’s responsibility to consult these Terms and Conditions regularly, for example when placing a new order.

3. OFFER AND ORDER

3.1 Any offer on the Website, in catalogs, social media, and other publicity announcements is informational only. Pokemart.be may modify or withdraw the offers on the Website and/or other channels at any time. In any case, offers are valid only while supplies last. Obvious mistakes and/or obvious errors in the offer are not binding on Pokemart.be. Despite the fact that the catalogs, Website, social media and other publicity announcements are compiled with the utmost care, it is still possible that the information offered is incomplete, contains material errors or is not up to date. Pokemart.be is only bound by an obligation of means with regard to the accuracy, updating or completeness of the information offered. Pokemart.be shall under no circumstances be liable for material errors, misprints or printing errors.

3.2 An order can only be placed through the website www.pokemart.be.

3.3 The agreement between Pokemart.be and the Customer shall only come into effect after the Customer has placed an order on the Website and after accepting these General Terms and Conditions, the prices and the description of the offer.

3.4 Pokemart.be reserves the right at all times to refuse orders – without giving reasons.

3.5 Cancellation of an order, before it has been sent, is only possible at the request of the Customer and after written confirmation by Pokemart.be. Cancellation of an order after it has been sent must be done in accordance with the procedure for withdrawal, as provided for in Article 4 of these General Terms and Conditions. If the Customer wishes to cancel an order, he should immediately contact us by email: info@pokemart.be.

3.6 If the Customer has an account on the Website and places one or more new orders at the time when a first order is still ‘open’, the Consumer has the option -and not the obligation- to combine these orders and have them processed as one order by Pokemart.be. Customers without an account do not have this option.

4. REVOCATION AND RETURNS

4.1 The Consumer has a right of withdrawal with respect to the products purchased through the Website. Pursuant to Articles 47-52 of Book VI Market Practices & Consumer Protection of the Economic Law Code, the Consumer has the right to withdraw from the contract within a period of 14 calendar days without giving reasons. The withdrawal period will expire 14 calendar days after the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, takes physical possession of the product.

4.2 To exercise the right of withdrawal, the Consumer must inform Pokemart.be(info@pokemart.be ) of its decision to withdraw from the agreement by means of an unequivocal statement by e-mail. In order to comply with the withdrawal period, it is sufficient for the Consumer to send his communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. The Consumer also has the option of returning or exchanging a return within fourteen calendar days after notice of revocation at the following address of Pokemart.be (Wolfsbergstraat 67, 3600 Genk). The item must always be returned or returned in its original packaging.

4.3 The Consumer shall return or hand over the products to Pokemart.be immediately, but in any event no later than 14 calendar days from the day on which he informed Pokemart.be of the decision to revoke the agreement. The Consumer satisfies these conditions in a timely manner if he returns the products before the 14 calendar day period has expired. The returned product must be in the same condition as at the time of delivery. In addition, the product must be returned in the original packaging in which the product was shipped, the products must not have been opened, and the products must include any accessories provided with the product.

4.4 If the Consumer revokes the agreement, the Consumer shall receive the payments made for the goods from Pokemart.be at that moment back, including delivery and transaction costs insofar as Pokemart.be delivered one or more products that were not in accordance with the order placed by the Consumer (with the exception of any extra costs as a result of the choice of the Consumer for a manner of delivery other than the cheapest standard delivery offered by Pokemart.be) without delay and in any event no later than 14 calendar days after Pokemart.be was informed of the decision by the Consumer to withdraw from the agreement, taking into account the provisions of Article 11.2 of these General Conditions.

4.5 Pokemart.be shall then reimburse the Consumer using the same means of payment with which the Consumer effected the original transaction, unless the Consumer has expressly agreed otherwise. If the Consumer opted for a different method of repayment than that by which he made the order, any additional transaction costs will be borne by the Consumer. Pokemart.be may wait with the refund until Pokemart.be has received the products back and has checked their condition. The reimbursement of the delivery and transaction costs by Pokemart.be shall always take place on a pro rata basis and without prejudice to Article 4.4.

4.6 The direct cost and risk of returning the products shall be borne by the Customer, unless otherwise agreed.

4.7 In no case does a professional Customer have this right of withdrawal.

5. PRICE AND COSTS

5.1 The quoted price relates only to the products as they are verbatim described. Materials, accessories, attachments not mentioned in the information about a particular product are not included. The accompanying photo is intended to be decorative and may contain elements not included in the quoted price.

5.2 All prices are expressed in Euro and are inclusive of VAT, any import/export duties and reservation and/or administration fees, but exclusive of any delivery, transaction or shipping costs, any expedited handling (such as express shipping) and/or additional Customer requirements.

Shipping costs are not included. They depend on the value of the total order. During the online – ordering process it will be indicated exactly how much shipping costs will be charged.

The chosen shipping method and final shipping costs are also stated on the order confirmation received by the Customer at the time of purchase.

Additional costs associated with the choice of payment option by the Customer may be charged by Pokemart.be.

5.3 Pokemart.be reserves the right to amend the prices stated on the Website at any time. Nevertheless, products are invoiced based on the prices in effect at the time the order was placed. Obvious errors, manipulations or mistakes (such as obvious inaccuracies) may also be rectified by Pokemart.be after the agreement has been concluded.

6. DELIVERY OF THE PURCHASED PRODUCTS

6.1 Unless otherwise agreed, deliveries shall be made by default in accordance with the Incoterm® “Delivered At Place” (DAP) (Incoterms® 2020) at the delivery address provided by the Customer. Consequently, the transfer of risk for damages, destruction and disappearances related to the products passes at the time of effective delivery. At this point, Pokemart.be is also released from its delivery obligation.

6.2 An order will only be dispatched after Pokemart.be has received the payment.

6.3 The delivery period is always indicative and is not an essential element of Pokemart.be’s obligations vis-à-vis the Customer. Exceeding the delivery period communicated may never give rise to the payment of any compensation or to the termination of the purchase between Pokemart.be and the Customer. In any event, Pokemart.be can never be held liable for delays caused by the Customer or third parties.

Changes to the order will automatically result in the expiration of the predetermined probable delivery dates.

6.4 In the absence of the Customer and any neighbor at the time of delivery at the delivery address indicated by him, a message will be left by the transport service saying where and when the package can be picked up. The carrier will send a message when the package has arrived at the aforementioned location. If the Customer fails to collect the package within a period of seven (7) calendar days after the attempted delivery, the package will be returned to the registered office of Pokemart.be. The cost of the return, as well as any associated costs (such as, but not limited to taxes, VAT, storage costs, etc.) shall be borne by the Customer. In such a case, the agreement between Pokemart.be and the Customer shall be regarded as having been dissolved. The price already paid by the Customer shall be reimbursed by Pokemart.be, subject to deduction of the aforementioned costs of return and any costs involved.

7. INVOICING AND PAYMENT

7.1 Orders must always be paid for in advance by the Customer.

The Customer, when placing the order, has the choice between different payment options:

• Bancontact
• KBC/CBC Payment button
• Belfius Direct Net
• iDeal
• Credit card (Visa/Mastercard/American Express)
• Apple Pay
• Giropay

7.2 All online payments are processed on behalf of Pokemart.be by an external professional and specialized partner. This external partner provides the payment infrastructure that is subject to protection protocols. All online payments are subject to the general terms and conditions of the external partner that manages the payment infrastructure and thus bears the sole responsibility of the correct processing of all online payments.

8. ACCEPTANCE, WARRANTY AND COMPLAINTS

8.1 The Customer must perform an initial verification immediately upon receipt of the purchased products. This immediate verification obligation includes (purely exemplary list): quantity, conformity of delivery, visible defects such as obvious material or manufacturing defects, etc. The Customer must notify Pokemart.be in writing (via info@pokemart.be) of verifiable discrepancies within 48 hours of delivery, on pain of forfeiture, with reference to the correct order number. Pokemart.be cannot be held responsible for minimal differences between the representation on the Website and the delivered product.

8.2 Complaints regarding hidden defects in the delivered products must, at the moment of discovery of the defect, be direct be reported to Pokémon via this link. Pokemart.be cannot intervene in this and the Customer must deal with Pokémon directly. Pokemart.be shall under no circumstances be liable for loss of quality and damage arising from handling or incorrect use of the products by the Customer.

8.4 In the event of complaints being reported to Pokemart.be in a timely and correct manner, Pokemart.be shall, at its own selection and discretion: (1) replace the defective products, insofar as the same products are still in stock. If the defective product is no longer in stock, Pokemart.be may opt to provide the Customer with an equivalent of the defective product; or (2) take back the defective product, with crediting to the Customer.

The Customer acknowledges that each of these measures shall constitute full and adequate compensation for any and all damage arising from any defects and accepts that the implementation of these measures cannot be regarded as an acceptance of liability by Pokemart.be.

8.5 The Customer may not, under any circumstances, return products to Pokemart.be pursuant to this Article 8 without the prior written consent of the latter. Pokemart.be reserves the right to determine the defects and to verify the cause thereof. In that event, the Customer shall deliver the products concerned to Pokemart.be at its own expense and risk within a period of 5 working days from receipt of the request to that effect from Pokemart.be, unless agreed otherwise with Pokemart.be.

8.6 Any replacement of products shall not give rise to the payment of any compensation, nor to the dissolution of the agreement between Pokemart.be and the Customer.

8.7 The Customer is obliged to reimburse costs incurred as a result of unjustified complaints.

8.8 If any complaint made by the Customer has not been sufficiently remedied by Pokemart.be, the Customer shall always have the option of submitting a complaint online to the Online Dispute Resolution Platform of the European Commission.

9. LIABILITY

9.1 With the exception of the indemnification by Pokemart.be in accordance with the guarantee provision in Article 8 of these General Terms and Conditions, the liability of Pokemart.be with regard to the Customer shall be limited to the liability imposed by law and shall in any event be limited to the lower of the following two amounts: (1) the respective invoice amount (including VAT); (2) the amount that Pokemart.be receives from its insurer within the framework of the respective liability file, pursuant to the third-party liability policy taken out by Pokemart.be.

9.2 Pokemart.be shall under no circumstances be liable for: (1) indirect damage (including but not limited to loss of turnover, damage to third parties), (2) defects caused directly or indirectly by the action of the Customer or of a third party, irrespective of whether this is caused by an error or negligence, (3) damage as a result of the incorrect or inappropriate use or treatment of the Products purchased.

9.3 The Customer acknowledges that Pokemart.be offers no guarantee that the products shall comply with the regulations or requirements that apply in any jurisdiction, except for the regulations or requirements that apply in Belgium, as they apply at the time of delivery of the product to the Customer by Pokemart.be, and therefore that Pokemart.be cannot be held responsible for later legislative changes of any nature whatsoever.

9.5 The Customer is solely responsible for the resale of the purchased products and guarantees to comply with all (legal and other) obligations in this respect.

10. PROMOTIONS

10.1 Promotional allowances by, in any form (such as, but not limited to price reductions, discount coupons, free shipping, etc.) must always be used according to the guidelines, as expressly indicated in this regard. In any case, they can only relate to one (1) order, cannot be accumulated and are personal in nature.

10.2 If the Consumer makes use of the right of withdrawal for products that were the subject of a promotional campaign, Pokemart.be reserves the right to recalculate the price of the products that were not the subject of the withdrawal. For example: promotional campaign which means that if you buy product A, you can get product B at half price. The Consumer withdraws product A. In that case, the promotional conditions are no longer met and the full price for product B must be paid. In that case, Pokemart.be will refund the money, in accordance with Article 4 of these General Terms and Conditions, with deduction of the additional part that still has to be paid for Product B.

11. FORCE MAJEURE AND HARDSHIP

11.1 Pokemart.be is not liable for a failure to perform its obligations caused by force majeure or hardship.

11.2 In the event of force majeure or hardship, Pokemart.be may, at its own option and discretion, without prior notice of default or judicial intervention being required, and without any right of recourse vis-à-vis Pokemart.be: (1) propose to the Customer that the missing products be replaced by a functional equivalent; (2) temporarily suspend performance of its obligations; (3) terminate the agreement between Pokemart.be and the Customer out of court.

11.3 Force majeure and hardship shall include the following (listed purely as examples) unavailability and/or scarcity of certain materials/products; currency fluctuations; increases in product prices, prices of auxiliary materials and raw materials, wages, salaries, social security charges, government-imposed costs, levies and taxes, transport costs, import and export duties or insurance premiums; ice; special weather conditions; strike; mobilisation; war; illness; outbreak of an epidemic and/or pandemic; accidents; communication and IT failures; government measures; export ban; delay in supply; transport and/or movement impediments; including lack of or withdrawal of transport possibilities; export impediments; import impediments; breakdown; traffic jam; etc.

12. SUSPENSION AND DISSOLUTION

12.1 If the agreement between Pokemart.be and the Customer is terminated, whether or not by application of the right of termination described in Article 12.1 of these General Conditions, the Customer shall lose the right to expect Pokemart.be to fulfil its obligations in respect of the terminated agreement.

13. INTELLECTUAL PROPERTY

13.1 All elements of the Website such as, among others, the texts, the database with all the data published on the Website, the layout and graphic design of the web pages, the catalog, the photographs, the images, on the Website are protected by copyright. Pokemart.be is the sole holder of these intellectual property rights. Any form of copying, publication, imitation or any other form of use, in any form whatsoever, is prohibited without the prior written consent of Pokemart.be.

14. PERSONAL DATA

14.1 The personal data provided by the Customer will be used and processed in accordance with the Privacy Statement. Pokemart.be transfers these details to the payment provider and transport service with a view to handling the order.

14.2 The Customer may at any time request access, correction, deletion, restriction, portability of its data. If the Customer no longer wishes to receive commercial information from Pokemart.be, the Customer must inform Pokemart.be of this:

• By email: info@pokemart.be
• Via the unsubscribe option in the emails from Pokemart.be

16. DISPATCHES

All possible disputes between Pokemart.be and the Customer shall fall within the exclusive jurisdiction of the competent courts of the registered office of Pokemart.be, unless Pokemart.be elects to bring a dispute before the court of the registered office or place of residence of the Customer.

The Consumer may also file a complaint regarding the purchase of products on the Website with the European Union’s OnlineDispute Resolution Platform (“ODR”). By submitting a complaint on this platform, the Consumer agrees to settle its claim out of court. The Consumer accepts that this provision is purely informative and does not imply any obligation or commitment on the part of Pokemart.be whereby the latter would agree to settle the claim of the Consumer out of court by means of the Online Dispute Resolution Platform.