Terms and Conditions

Our general terms and conditions: Ronny Steyaert as manager of SM-Toys, trading under the name Ronny Steyaert manager of SM-toys Straaleind 1 2460 Kasterlee Belgium With valid company number 0824279175 Hereinafter referred to as: SM-toys Article 1 Definitions 1.1 In these general terms and conditions the following the following terms are used with the following meaning, unless expressly stated otherwise. SM Toys: the user of the terms and conditions. Consumer: a counterparty who is a natural person and does not act in the course of a business or profession. In particular, consumer is also understood to mean the person on whose behalf and for whose account products are delivered. Agreement: the agreement between SM Toys and the consumer. Article 2 Applicability 2.1 These General Terms and Conditions (hereinafter: Terms and Conditions) apply to all offers, orders and agreements of SM toys to the exclusion of any other general terms and conditions. 2.2 All rights and entitlements, as stipulated in these Terms and Conditions and in any further agreements for the benefit of SM Toys, are also stipulated for the benefit of intermediaries and other third parties engaged by SM Toys. 2.3 Accepting an offer or placing an order means that the consumer accepts the applicability of these Conditions. 2.4 The provisions of these Terms and Conditions may only be deviated from in writing, in which case the other provisions will remain in full force. 2.5 SM Toys reserves the right to change or supplement these terms and conditions from time to time. Article 3 Offers and conclusion of agreements 3.1 Offers are valid as long as stocks last. 3.2 SM toys cannot be held to its offers if the consumer, in terms of reasonableness and fairness and generally accepted views, should have understood that the offer or a part thereof contains an obvious mistake or error. 3.3 A composite quotation does not oblige SM-toys to deliver part of the goods included in the offer or quotation against a corresponding part of the quoted price. 3.4 Offers or quotations do not automatically apply to repeat orders. 3.5 Information, images, communications (provided verbally, by telephone or by e-mail) and statements etc. with regard to all offers and the most important characteristics of the products are given or made as accurately as possible. However, SM toys does not guarantee that all offers on products are fully in accordance with the information etc. provided. In principle, deviations cannot give rise to compensation and/or dissolution of the agreement. 3.6 An agreement is concluded when an order confirmation is sent by e-mail to the e-mail address specified by the consumer. 3.7 SM Toys is entitled to refuse orders or assignments or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order or assignment is not accepted, SM toys will communicate this as soon as possible after receipt of the order. 3.8 To order products, a minimum age of 18 is required. By ordering the products, the consumer declares that he is at least the stated age of 18 years. Article 4 Prices and payments 4.1 The prices stated on the website of SM toys include VAT and exclude shipping costs. Offers, discounts, etc. are always calculated on the amounts including VAT. 4.2 For the products, the prices are used as stated on the website of SM-speeltjs, subject to price changes and typing errors. SM toys has the right to inform the consumer about price errors before delivery or acceptance. 4.3 The products of SM Toys are delivered at the prices on the date of the order. 4.4 Payments within Europe can be made in various ways. Within Belgium this can be done by bank transfer (in advance), online payment via Bank card, or by collection for the Netherlands via Ideal or bank transfer (in advance), Germany via Sofortbanking and the rest of Europe Sofortbanking or transfer ( in advance). When paying by bank or giro, the date of payment is the date of crediting the giro or bank account of SM toys. 4.5 If you as the consumer are in default with any payment, SM-toys is entitled to suspend or dissolve (the implementation of) the relevant agreement and related agreements. Article 5 Dissolution of the agreement 5.1 Articles can be returned within a period of 14 days after delivery, provided that they have not been worn and are in undamaged condition, NOT opened packaging, well packed and with sufficient postage (we do not accept unstamped packages!) to be sent to: SM toys Attn Ronny Steyaert Straaleind 1 2460 Kasterlee Belgium. Slips, stockings, cosmetics, perfumes, condoms, piercings, jewelery and sexy toys cannot be returned for understandable hygienic reasons. The condition is that the original invoice is included, that the product is not damaged and that it is still in the original packaging, so any seal may NOT be broken. The consumer must report the return shipment in advance. This can be done by e-mail using the contact form on the website http://www.smspeeltjes.com. Shipments that have not been reported will not be processed. For returns due to manufacturing defects, see article 7 (warranty). In case of return, the shipping costs are for the account of the consumer. Shipping costs incurred by us will be deducted from the refund. You have the right to withdraw from the contract within a period of 14 days without giving reasons .
The withdrawal period expires 14 days after the day on which you or a third party designated by you, who is not the carrier, acquires physical possession of the good. 5.2 SM toys reserves the right to refund part of the amount or to refuse the return shipment in full if it is suspected that the products have already been used or have been damaged after receipt by the consumer. Article 6 Delivery 6.1 Delivery takes place from the warehouse of SM toys or via third parties. SM Toys is not responsible for any delay that occurs in the delivery by the Post, or any other carrier engaged by SM Toys. 6.2 The consumer is obliged to take delivery of the purchased goods at the time when they are available to him or are handed over to him. 6.3 If the consumer refuses to purchase or is negligent in providing information or instructions necessary for the delivery, the items intended for delivery will be stored at the risk of the consumer after SM toys has notified him. In that case, the consumer will owe all additional costs. 6.4 Stated delivery times of SM toys are indicative. A specified delivery time is therefore never a strict deadline. If the indicative delivery period is exceeded, SM toys will notify the consumer by e-mail. However, the final delivery time will never exceed the specified delivery time by more than 30 days, unless there is a case of force majeure. If a term is exceeded, the consumer must give SM toys written notice of default. The consumer is entitled to cancel the agreement if the delivery period is exceeded, after SM toys have been given a proper notice of default. 6.5 If it has been agreed that delivery will be carried out in phases, SM toys can suspend the execution of those parts that belong to a subsequent phase until the consumer has approved the results of the preceding phase in writing. 6.6 If SM toys require data from the consumer in the context of the implementation of the agreement, the delivery time will commence after the consumer has made these available to SM toys. Article 7 Guarantee 7.1 SM Toys guarantees that the goods to be delivered meet the usual requirements and standards that can be set for them and are free of any defects. 7.2 The warranty referred to under 7.1 applies for a period of 1 year after delivery, unless the manufacturer applies a longer warranty period. Except on batteries. 7.3 Proof of purchase is proof of warranty. 7.4 If a product shows a defect, SM toys will replace or take care of the case within a reasonable period of time after receipt thereof or, if return is not reasonably possible, after written notification of the defect by the consumer, at the choice of SM toys. for recovery. In the event of replacement, the consumer now undertakes to return the replaced item to SM Toys and to transfer ownership of it to SM Toys. 7.5 Without prejudice to paragraph 7.4, the guarantee does not apply if there is normal wear and tear and furthermore in the following cases: - if changes have been made in or to the product, including repairs that have not been carried out with the permission of Sensualdreams.nl or the manufacturer. have been performed; - if the original invoice cannot be submitted, has been changed or made illegible; - if damage is caused by intent, gross negligence or negligent maintenance. 7.6 It is possible that SM toys include links on its internet site to other internet sites that may be interesting or informative for the visitor. Such links are for informational purposes only. SM toys is not responsible for the content of the internet site referred to or the use that can be made of it. Article 8 Retention of title 8.1 Notwithstanding the actual delivery, ownership of products only transfers to the consumer after he has fully paid all that he owes with regard to any agreement with SM toys, including payment of interest and costs, also of previous deliveries and any work performed with regard to the products. 8.2 The consumer may not tax, sell, resell, alienate or otherwise encumber the products before ownership has been transferred. Article 9 Inspection, complaints 9.1 The consumer is obliged to inspect or have inspected the delivered goods at the time of delivery, but in any case within the shortest possible term. In doing so, the consumer should examine whether the quality and quantity of the delivered goods correspond to what has been agreed, or at least meets the requirements that apply to this in normal (trade) traffic. 9.2 Any visible shortcomings must be reported to SM Toys in writing within three days after delivery, with simultaneous return of the guarantee certificate and the defective item, unless this is impossible or unreasonably onerous. 9.3 A non-visible defect must be reported to SM toys by the consumer within eight days after discovery, but no later than within the warranty period, with due observance of the provisions of the previous paragraph of this article. After the warranty period has expired, SM Toys is entitled to charge all costs for repair or replacement, including administration, shipping and call-out costs. 9.4 If, pursuant to paragraph 9.3, a complaint is lodged in a timely manner, the consumer remains obliged to purchase and pay for the purchased goods. If the consumer wishes to return defective goods, this shall be done with the prior written consent of SM toys and in the manner indicated by SM toys. Article 10 Payment SM toys offers various secure payment methods where you can pay directly online. The online payment transactions are provided by Targetpay. You can choose from the following payment options: iDeal The fastest and most used online payment method in the Netherlands. iDeal is available for customers of ABN AMRO, ASN Bank, Friesland Bank, ING, Rabobank, RegioBank, SNS Bank, Triodos Bank and Van Lanschot Bankiers. Bank transfer Transfer the order amount yourself through your own bank, without extra costs. After ordering you will receive the information to make the payment by email. If you choose to pay by bank transfer, it will take at least 1 working day before we receive the payment. MisterCash MisterCash is the most used payment method in Belgium and comparable to iDeal. All Belgian customers who use internet banking can use MisterCash. Pay on collection In some cases it is possible to collect products in Zwijnaarde. Please note, you must first contact us if the product is in stock. If you choose to pick up your order, it can be paid in cash. Larger custom-made items can also be delivered and placed, prices for this can be handled via the contact form. Secure transactions With all online payments, the connection is secured with an SSL security certificate. This can be recognized by the lock on the far left of the browser bar followed by HTTPS. The secure connection ensures that all data is sent encrypted over the net. Article 11 Collection costs 11.1 If the consumer is in default or fails to fulfill one or more of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the consumer. 11.2 SM toys is entitled to transfer the claim for collection if payment is not forthcoming. 11.3 In any case, the consumer owes extrajudicial collection costs in the event of a monetary claim. The extrajudicial collection costs amount to 15% of the principal sum with a minimum of € 75.00. 11.4 If SM toys proves to have incurred higher costs, which were reasonably necessary, these also qualify for reimbursement. Article 12 Indemnification 12.1 The consumer indemnifies SM toys against claims from third parties with regard to industrial and intellectual property rights on materials or data provided by the consumer, which are used in the performance of the agreement. 12.2 If the consumer provides SM toys with information carriers, electronic files or software, etc., he guarantees that the information carriers, electronic files or software are free of viruses and defects. Article 13 Intellectual property and copyrights 13.1 The consumer must fully and unconditionally respect all intellectual and industrial property rights that rest on the products supplied by SM toys. Article 14 Liability 14.1 If goods delivered by SM toys are defective, the liability of SM toys towards the consumer is limited to what has been arranged in these conditions under "Guarantees". 14.2 SM Toys is never liable for consequential damage. 14.3 Without prejudice to the above, SM-toys is not liable if the damage is due to intent and/or gross negligence and/or culpable actions or injudicious or improper use by the consumer. 14.4 The limitations of liability for direct damage included in these conditions do not apply if the damage is due to intent or gross negligence on the part of SM toys or its subordinates. Article 15 Force majeure 15.1 Without prejudice to its other rights, in case of force majeure, SM-toys has the right, at its own discretion, to suspend the execution of the order or to dissolve the agreement without judicial intervention, by doing so in writing. and without SM Toys being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness. 15.2 In these Terms and Conditions, force majeure is understood to mean, in addition to what is understood in this regard by law and jurisprudence, all external causes, foreseen or unforeseen, over which SM Toys cannot influence, but as a result of which SM Toys is unable to fulfill obligations. This includes strikes in the SM toy industry. Force majeure is also understood to mean malfunctions in a (telecommunication) network or connection or used communication systems and/or the unavailability of the internet site at any time. 15.3 The parties can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the agreement, without any obligation to pay damages to the other party. 15.4 Insofar as SM-toys has already partially fulfilled its obligations under the agreement at the time of the commencement of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, SM-toys is entitled to part to be invoiced separately. The consumer is obliged to pay this invoice as if it were a separate agreement. Article 16 Privacy and discretion 16.1 SM Toys does not give, distribute or sell personal data to third parties. SM toys only uses the personal data to process the order. 16.2 The name SM Toys is not mentioned as the sender on the shipments. The products are packaged discreetly, in neutral cardboard and without printing. 16.4 Due to legal obligations, the consumer will find a product description on the invoice. 16.5 The statement of account states SM toys. The consumer will not find a product description on the account statement. Article 17 Applicable law and competent court 17.1 Belgian law applies to every agreement between SM toys and the consumer. The Vienna Sales Convention is expressly excluded. Only the courts in Ghent are authorized to rule on a specific case. 17.2 All disputes related to or arising from offers of SM toys or agreements concluded with SM toys will be submitted to the competent court. Article 19 Disclaimer 19.1 All prices, percentages and rates stated on this site are subject to possible errors and can always be changed within the range of SM toys. SM Toys registers and stores the data provided by the consumer in a data file. 19.2 The website of SM toys and all texts, documents, images and sound contained therein, all in the broadest sense, are protected by copyright. Written permission is required for further distribution, publication or transfer thereof. SM Toys excludes liability for any damage (direct, indirect and consequential damage) resulting from the use of the website and its content. SM Toys maintains and secures the website and content. However, SM Toys does not guarantee the absence of technical imperfections. Nor can SM toys guarantee that the use of the website and its content will safeguard the consumer against so-called viruses and/or other harmful applications. The consumer must take precautions to this end. Article 20 Miscellaneous 20.1 If SM Toys allow deviations from these Terms and Conditions for a short or longer period of time, whether or not tacitly, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. The consumer can never assert any right based on the fact that SM toys apply these Terms smoothly. 20.2 If one or more of the provisions of these Terms and Conditions or any other agreement with SM Toys should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new one to be determined by SM Toys. legally permissible comparable provision. 20.3 SM Toys is authorized to use third parties for the execution of the order(s).