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ESQW SRL
Rue de la Croix Rouge 1
7740 Pecq
Belgium
VAT: BE0827695456
PHYSICAL SHOP
SMOKERSHOP
Rue de Courtrai 33
7740 Pecq
Belgium
CONTACT
Phone number : +32 69 49 03 63
We can be reached by phone during the opening hours of our store SmokerShop.
Email: contact us here
OPENING HOURS STORE
Monday - Wednesday: 6.30 - 18.00
Thursday - Friday: 6.30 - 18.00
Saturday: 7.30 - 14.00
Closed: Sundays and public holidays
Article 1 : General
1.1 These conditions of sale regulate the use of the website and webshop of SRL ESQW, with company number 0827.695.456, with registered office at Rue de la Croix Rouge 1, 7740 PECQ (hereinafter referred to as 'the seller')
1.2 All agreements concluded between the seller and the purchasers are subject to the following conditions of sale and delivery, except in the case of express written derogation. The buyer's general terms and conditions of purchase are never taken into account; they are therefore considered to be entirely null and void vis-à-vis the seller.
1.3 The fact that the buyer does not receive the general terms and conditions of sale in his mother tongue does not exempt him from applying them.
1.4 With every electronic order of products, the customer explicitly declares to agree to these general terms and conditions by ticking the check box "I accept the general terms and conditions unconditionally". Anyone who orders, declares to know and accept the general terms and conditions of the seller. An electronic order without this agreement is technically impossible, except in the case of fraud, so that these conditions are always binding on the customer. The terms and conditions of sale also apply whenever a reservation or order is placed via the webshop via https://www.smokershop.be
1.5 The buyer expressly declares that he is of legal age. When the product is picked up, this is checked on the basis of an identity check. The seller reserves the right to cancel the purchase if it appears that the buyer is a minor. In that case, an invoice for damages will be drawn up, equal to the costs incurred by the seller.
Article 2: Order
2.1 For each order, the general terms and conditions that were included in the website and order confirmation at that time apply, to the exclusion of any older or newer provisions.
2.2 Orders placed via the website are deemed to be placed for non-professional purposes. These general terms and conditions of sale apply only to consumers within the meaning of Book VI of the Economic Law Code, as inserted by the Act of 21 December 2013 on the insertion of Book VI "Market Practices and Consumer Protection" in the Economic Law Code and on the insertion of the definitions specific to Book VI, and of the enforcement provisions specific to Book VI, in books I and XV of the Economic Law Code, (Official Gazette 30 December 2013; err. , Belgian Official Gazette 20 January 2014, err. , Belgian Official Gazette 18 March 2014, err., Belgian Official Gazette 24 March 2014).
2.3 The seller undertakes to process orders placed on the site as long as stocks last and within the limits set out in these terms and conditions.
2.4 The seller reserves the right to refuse orders in the event of a serious suspicion of abuse of rights or bad faith, a serious suspicion of commercial purposes that are unacceptable to the seller or in the event of exhaustion of the stock of a particular item.
2.5 An order is only final after acceptance of these general terms and conditions of sale, the prices and the description of the offer.
Article 3: Price
3.1 All prices mentioned are always inclusive of VAT and all other taxes to be borne by the customer. If delivery, transport, reservation or administrative costs are charged, this will be mentioned separately.
3.2 The indication of price relates exclusively to the articles as described verbatim. The accompanying photo is for decorative purposes only and may contain elements that are not included in the price.
Article 4: Delivery
4.1 Tracking Information
After the order and shipment of the goods, a tracking number will be sent to the buyer via email. Throughout the process, we ensure that you receive sufficient emails to correctly track your package, including updates on the delivery status and any changes.
If you are not at home at the time of delivery, the carrier may deliver your package to the nearest pickup point.
4.2 Collection at a Pickup Point
When collecting goods from a pickup point, the buyer is required to present a valid ID or a proxy with a copy of a valid ID of the buyer. The buyer has a period of 7 days to collect the goods. If the goods are not collected within this timeframe, they will be irrevocably returned to us.
4.3 Uncollected Goods
If the goods are not collected within the 7-day period mentioned in article 4.2, they will be automatically returned to us. The costs associated with the return will be entirely borne by the buyer.
4.4 Reshipping or Collection After Return
After the goods are returned, the buyer may collect them at the headquarters of ESQW BV, or they can be reshipped after prepayment of the shipping costs.
4.5 Administrative Costs for Non-Collection
If the goods are not collected within the specified period and have already been returned to us, return costs and an administrative fee of €5 will be charged. These costs will be deducted from the original purchase amount. The remaining balance will be refunded using the same payment method used for the original purchase.
(A payment link will be sent to you to settle the shipping costs. Once the payment is received, your package will be reshipped to you.)
Article 5: Right of renunciation
5.1 If you buy goods or services from us, you have the right for 14 days from delivery or conclusion of the contract to decide that you do not want to keep the goods. You can then return your order without payment of a penalty and without giving any reason (you will pay the costs for this yourself). Within 14 days after we have received your order back or you have indicated that you wish to withdraw from the agreement, we will refund you the full purchase price of it using the same means of payment with which you paid.
5.2. You will therefore bear the direct costs of returning the goods. We will indicate the cost of this or provide an estimate, if this cannot reasonably be calculated in advance.
5.3 We may withhold reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever comes first.
5.4 During the first 14 days after delivery, we expect you to handle the order and its packaging with care. If you still wish to be able to return the goods as described above, you may only unpack or view the goods to the extent necessary to assess whether you wish to keep the goods. Returned goods may be inspected, but must not have been used. If you return the goods, this must be done together with the original packaging, with all delivered accessories and in the original condition and packaging and taking into account our instructions below.
5.5 To quickly and correctly exercise your right of withdrawal, both in the case of delivery of services and delivery of goods, please complete the form below and send it to SmokerShop Rue de Courtrai 33, Pecq 7740. We will send you a confirmation of receipt of your revocation by e-mail.
Download here return form via the link below
Complete this form and reason for return, return it to us.
Article 6 : Warranty - Complaints
The legal warranty of 2 years applies and only covers defects in conformity that already existed at the time of delivery of the goods. During this 2-year period, the seller undertakes to replace or repair the defective item or part free of charge.
The seller reserves the right to replace the item if:
the repair costs are disproportionately high, or
a repair is technically not possible.
Defects that occur after a period of 6 months following delivery are not presumed to have existed at the time of delivery, unless the customer provides proof to the contrary.
6.2 Making a Warranty Claim
To make use of the warranty, the buyer must present a valid proof of purchase (such as a receipt or invoice). The warranty is non-transferable.
Any defect must be reported within 2 months after its discovery, but always within the warranty period. If the defect is not reported within this timeframe, the right to repair or replacement will expire.
6.3 Exclusions from the Warranty
The warranty does not apply to defects resulting from:
accidents, negligence, or falls;
use contrary to the intended purpose of the item;
failure to follow the user instructions or manual;
modifications or alterations made to the item;
rough handling, incorrect assembly, poor maintenance, or abnormal use (such as commercial or improper use).
6.4 Insurance Against Loss or Carrier Errors
Since your package is insured against loss or carrier errors, a claim will be filed in such cases. This process may take approximately 14 days. We kindly ask for your patience and understanding during this period, as we depend on the investigation and feedback from the carrier.
At the end of this process, depending on the outcome, a reshipment or refund will be arranged. You can rest assured that we are committed to resolving the issue as quickly and efficiently as possible.
Article 7: Payment
7.1 Payment is always made electronically via credit or debit card. Any order is payable immediately at the time of conclusion of the agreement. 7.2 All invoices that have not been paid on the due date will automatically and without any notice of default or reminder being required, give rise to interest on arrears equal to 10%. In addition, the amount of unpaid invoices shall be increased by 10% by way of conventional compensation for damages, with a minimum of EUR 25, also without any prior notice of default or reminder being required and without prejudice to the principal sum, the default interest, all collection, reminder and prosecution costs.
Article 8: Liability for the use of the website
8.1 The Seller's website is intended to provide the Customer with general information about the Seller's products and activities. The seller only has an obligation to use his best efforts with regard to access, the ordering process, the delivery or the other services.
8.2 The seller has the right at any time to suspend or discontinue all or part of the site for maintenance, updating or any other reason, even without prior notice.
8.3 The seller cannot be held liable for any hindrance or damage caused by the use of the internet, by any breakdown of the system, the intrusion of outsiders or a virus, nor for any information placed or processed on it by third parties or by any other fact that can be considered as force majeure.
Article 9: Protection of privacy
9.1 The seller's privacy policy states the data collection, the processing of personal data, the purposes of the processing, the technical and organizational measures and your rights related to the processing.
9.2 The processing of personal data within ESQW SRL is subject to European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
Article 10: Intellectual property
10.1 All parts of the Seller's site, including the technology used, are the exclusive property of the Seller and are protected by copyright. Users who have their own website and who, even for purely personal use, want to set up an automatic link between their own site and the vendor's home page, must request the vendor's express permission to do so.
Article 11: Retention of title
11.1 The delivered goods remain the exclusive property of the seller until full payment has been made by the customer. The customer undertakes, if necessary, to draw the attention of third parties to the retention of title, e.g. to any person who may come to seize goods that have not yet been paid for in full.
11.2 All risks after delivery, with the exception of theft, humidification, damage, etc., shall be borne by the buyer, even if they have not yet been paid for.
Article 12: Disputes
12.1 All disputes related to or arising from the use of the document, as well as from the conclusion, validity, interpretation or execution of the present terms and conditions of sale will be subject to Belgian law, whereby the court of first instance in Hainaut, Tournai department; the commercial court in Bergen-Charleroi, Tournai department and the justice of the peace court of the 2nd canton in Tournai have exclusive jurisdiction.
Article 13: Delivery of tobacco products abroad
13.1 No...In the case of a website where tobacco products can be ordered and then sent abroad by post/courier, there is a problem. Because it is a shipment by post / courier and with a commercial character, it is very difficult to prove that it is for personal use.
Excise duty is therefore evaded in the country of destination. The shopkeeper therefore runs the risk, but the buyer also runs the risk of a fine, additional excise duties and/or confiscation.