Terms and Conditions

Our general terms and conditions:

Ronny Steyaert as manager of SM-Toys, trading under the name Ronny Steyaert manager 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 terms are used in the following meaning, unless expressly stated otherwise.

SM toys: the user of the general terms and conditions.

Consumer: a counterparty who is a natural person and who is not acting in the exercise of a business or profession.

In particular, a consumer also means the person on whose behalf and for whose account products are supplied.

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 claims, as stipulated in these Terms and Conditions and in any additional 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 implies that the consumer accepts the applicability of these Terms and Conditions.

2.4 Deviations from the provisions of these Terms and Conditions may only be made in writing, in which case the other provisions shall 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 while stocks last.

3.2 SM toys cannot be held to its offers if the consumer, according to terms of reasonableness and fairness and generally accepted views in society, should have understood that the offer or a part thereof contained an obvious mistake or error.

3.3 A composite quotation does not oblige SM toys to supply part of the items included in the offer or quotation for a corresponding part of the stated price.

3.4 Offers or quotations do not automatically apply to repeat orders.

3.5 Information, images, notifications (provided verbally, by telephone or by e-mail) and specifications etc. with regard to all offers and the most important characteristics of the products are given or made as accurately as possible. However, SM-speeltjes does not guarantee that all offers on products are completely in accordance with the information etc. provided. Deviations cannot in principle be a reason for compensation and/or termination of the agreement.

3.6 An agreement is concluded at the moment that an order confirmation is sent by e-mail to the e-mail address provided by the consumer.

3.7 SM-speeltjes 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-speeltjes will communicate this as soon as possible after receipt of the order.

3.8 To be able to order products, a minimum age of 18 years is required. By ordering the products, the consumer declares that he is at least the required age of 18 years.

- Article 4 Prices and payments:

4.1 The prices stated on the SM-speeltjes website include VAT and exclude shipping costs.

Offers, discounts, etc. are always calculated on the amounts including VAT.

4.2 The prices for the products are as stated on the website of SM-speeltjes, subject to price changes and typing errors. SM-speeltjes has the right to inform the consumer about pricing errors before delivery or acceptance.

4.3 The SM toys products 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 bank transfer (in advance). When paying by bank or giro, the date of payment is the date on which the giro or bank account of SM-speeltjes is credited.

4.5 If you as a consumer are in default with any payment, SM-speeltjes is entitled to suspend or terminate the relevant agreement and related agreements.

- Article 5 Termination of the agreement:

5.1 Items can be returned within 14 days after delivery, provided they are not worn and in undamaged condition, the packaging is NOT opened, they are well packed and sufficiently stamped (we do not accept unstamped packages!) to: SM-speeltjes Attn. Ronny Steyaert Straaleind 1 2460 Kasterlee Belgium. Panties, stockings, cosmetics, perfumes, condoms, piercings, jewelry, and sexy toys cannot be returned for obvious hygienic reasons. The condition is that the original invoice or packing slip 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 in advance. This can be done by e-mail using the contact form on the website http://www.smspeeltjes.com . Unreported shipments will not be processed. For returns due to manufacturing defects, see article 7 (warranty). In the event of a return, the shipping costs are for the account of the consumer. In case of refund, shipping costs incurred by us will be settled. You have the right to revoke the agreement within a period of 14 days without giving reasons .

The cancellation period will expire after 14 days from the day on which you acquire , or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
5.2 SM Toys reserves the right to refund part of the amount or to refuse the return shipment entirely if there is a suspicion that the products have already been used or have been damaged after receipt by the consumer.
- Article 6 Delivery:
6.1 Delivery will be made from the warehouse of SM-speeltjes or via third parties. SM-speeltjes is not responsible for any delays that may occur during delivery by the Post, or any other carrier engaged by SM-speeltjes.
6.2 The consumer is obliged to take delivery of the purchased items at the time they are made available to him or are handed over to him.
6.3 If the consumer refuses to accept delivery or is negligent in providing information or instructions necessary for delivery, the items intended for delivery will be stored at the consumer's risk after SM-speeltjes has notified him. In that case, the consumer will be liable for all additional costs.
6.4 The delivery times specified for SM toys are indicative. A specified delivery time is therefore never a fatal term. If the indicative delivery time 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 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 time is exceeded, after SM toys has been properly given notice of default.
6.5 If it has been agreed that delivery will be carried out in phases, SM Toys may 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 requires information from the consumer in the context of the execution of the agreement, the delivery time commences after the consumer has made this information available to SM Toys.
- Article 7 Warranty:
7.1 SM toys guarantees that the items to be delivered meet the usual requirements and standards that can be set for them and are free from any defects whatsoever.
7.2 The warranty mentioned under 7.1 is valid for a period of 1 year after delivery, unless the manufacturer applies a longer warranty period. Except for batteries.
7.3 The proof of purchase serves as proof with regard to the warranty.
7.4 If a product shows a defect, SM-speeltjes will replace the item within a reasonable period after receipt thereof or, if return is not reasonably possible, after written notification of the defect by the consumer, at the discretion of SM-speeltjes, or arrange for repair. In the event of replacement, the consumer already now undertakes to return the replaced item to SM-speeltjes and to transfer ownership thereof to SM-speeltjes.
7.5 Without prejudice to section 7.4, the warranty does not apply in the event of normal wear and tear and further in the following cases: - if changes have been made to or in the product, including repairs that have not been carried out with the permission of Sensualdreams.nl or the manufacturer; - if the original invoice cannot be presented, has been changed or made illegible; - if damage has been caused by intent, gross negligence or negligent maintenance.
7.6 It is possible that SM-speeltjes includes links on its website to other websites that may be interesting or informative for the visitor. Such links are purely informative. SM-speeltjes is not responsible for the content of the website to which reference is made or the use that may be made of it.
- Article 8 Retention of title:
8.1 Notwithstanding actual delivery, ownership of products will only be transferred to the consumer after he has paid in full all that he owes in connection with any agreement with SM-speeltjes, including compensation for interest and costs, also for previous deliveries and any work carried out in connection with the products.
8.2 The consumer may not encumber, sell, deliver, alienate or otherwise encumber the products before ownership thereof has been transferred.
- Article 9 Investigation, complaints:
9.1 The consumer is obliged to examine the delivered goods at the time of delivery, but in any case within the shortest possible period. In doing so, the consumer must examine whether the quality and quantity of the delivered goods correspond with what was agreed, or at least meet the requirements that apply to them in normal (commercial) transactions.
9.2 Any visible defects must be reported to SM-speeltjes in writing within three days of delivery, together with the simultaneous return of the warranty certificate and the defective item, unless this is impossible or unreasonably onerous.
9.3 The consumer must report a non-visible defect to SM-speeltjes within eight days of discovery, but no later than within the warranty period, taking into account the provisions of the previous paragraph of this article. After the warranty period has expired, SM-speeltjes is entitled to charge all costs for repair or replacement, including administration, shipping and call-out costs.
9.4 If a complaint is made in a timely manner in accordance with section 9.3, the consumer remains obliged to accept and pay for the purchased items. If the consumer wishes to return defective items, this must be done with the prior written consent of SM-speeltjes and in the manner indicated by SM-speeltjes.
- Article 10 Payment:
10.1 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. MisterCash MisterCash is the most used payment method in Belgium and comparable to iDeal. All Belgian customers who use internet banking can use MisterCash. Larger custom-made items can also be delivered and placed, prices for this can be settled via the contact form. Secure transactions For all online payments, the connection is provided with a security provided with an SSL security certificate. This can be recognized by the lock on the far left in 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 in breach of one or more of his obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the consumer.
11.2 SM toys is entitled to transfer the claim for collection if payment is not made.
1 1.3 In any case, in the event of a monetary claim, the consumer is liable for extrajudicial collection costs. The extrajudicial collection costs amount to 15% of the principal sum with a minimum of € 75.00.
11.4 If SM toys demonstrates that it has incurred higher costs, which were reasonably necessary, these will also be eligible for reimbursement.
- Article 12 Indemnities:
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 execution of the agreement.
12.2 If the consumer provides SM-speeltjes with information carriers, electronic files or software etc., the consumer guarantees that the information carriers, electronic files or software are free from viruses and defects.
- Article 13 Intellectual property and copyright:
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 items delivered by SM-speeltjes are defective, the liability of SM-speeltjes towards the consumer is limited to what is stated in these conditions under "Guarantees".
14.2 SM toys is never liable for consequential damage.
14.3 Notwithstanding the above, SM toys shall not be liable if the damage is due to intent and/or gross negligence and/or culpable conduct 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, SM-speeltjes has the right, in the event of force majeure, to suspend the execution of the order or to dissolve the agreement without judicial intervention, at its own discretion, by communicating this in writing and without SM-speeltjes being obliged to pay any damages, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
15.2 Force majeure is understood in these Conditions, in addition to what is understood in law and case law, to mean all external causes, foreseen or unforeseen, over which SM-speeltjes has no influence, but which prevent SM-speeltjes from fulfilling its obligations. This includes strikes in the company of SM-speeltjes. Force majeure is also understood to mean disruptions in a (telecommunications) network or connection or used communication systems and/or the unavailability of the website at any time.
15.3 Parties may suspend their obligations under the agreement for the duration of the force majeure. If this period lasts longer than two months, either party shall be entitled to terminate the agreement without any obligation to pay damages to the other party.
15.4 If SM-speeltjes has already partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfil them, and the part that has been fulfilled or is yet to be fulfilled has an independent value, SM-speeltjes is entitled to invoice the part that has already been fulfilled or is yet to be fulfilled separately. The consumer is obliged to pay this invoice as if it were a separate agreement.
- Article 16 Privacy and discretion:
16.1 SM-speeltjes does not give, distribute or sell personal data to third parties. SM-speeltjes uses the personal data exclusively for processing the order.
16.2 The name SM toys is not mentioned as sender on the shipments. The products are packaged discreetly, in neutral cardboard and without print.
16.3 Due to legal obligations, the consumer will find a product description on the invoice.
16.4 The account statement shows 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 Turnhout are authorized to rule on a specific case.
17.2 All disputes relating to or arising from offers of SM toys or agreements concluded with SM toys will be submitted to the competent court.
- Article 18 Disclaimer:
18.1 All prices, percentages and rates mentioned on this site are subject to possible errors and can always be changed within the scope of SM toys. SM toys registers and stores the data provided by the consumer in a database.
18.2 The SM-speeltjes website 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-speeltjes excludes liability for any damage (direct, indirect and consequential damage) resulting from the use of the website and its content. SM-speeltjes maintains and secures the website and its content. However, SM-speeltjes does not guarantee the absence of technical imperfections. Nor can SM-speeltjes guarantee that the use of the website and its content will protect the consumer from so-called viruses and/or other harmful applications. The consumer must take precautions to this end.
- Article 19 Miscellaneous:
19.1 If SM-speeltjes has permitted deviations from these Conditions for a short or long period of time, either tacitly or otherwise, this shall not affect its right to subsequently demand immediate and strict compliance with these conditions. The consumer may never assert any right on the grounds that SM-speeltjes applies these Conditions flexibly.
19.2 If one or more of the provisions of these Terms and Conditions or any other agreement with SM-speeltjes are in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new legally permissible comparable provision to be determined by SM-speeltjes.
19.3 SM Toys is authorized to use third parties in the execution of the order(s).