General conditions of sale on
WWW.THE-HUNTING-SHOP.COM and at the store in Yvoir
1. Preamble
The present general terms and conditions of sale (hereinafter referred to as the "GTC") are concluded exclusively between the merchant https://www.the-hunting-shop.com/en/ or the Yvoir store belonging to the company Laurent Duvivier S.R.L. whose head office is located at 39, rue du Tricointe - 5530 Yvoir and registered with the Carrefour des Entreprises bank under number 0459.964.892 (hereinafter referred to as the "THS", "We" or "the parties") and any person visiting or making a purchase via the https://www.the-hunting-shop.com/en/ website or at the Yvoir store (hereinafter referred to as "the client", "User", "You" or "the parties").
The parties agree that their relationship will be governed exclusively by these Terms and Conditions which are available on the websitehttps://www.the-hunting-shop.com/en/.
These conditions may be subject to change from time to time, so it is necessary that they be reread before each visit to the site https://www.the-hunting-shop.com/en/ (hereinafter referred to as the "Site"). These modifications are opposable as from their on-line publishing and cannot apply to the contracts concluded previously. Each purchase on the Site is governed by the GTC applicable at the date of the order. We consider that by validating your order, you accept without reserve our GTC after having read them.Finally, the present GTC define the terms and conditions between THS and the User.They regulate the different steps to follow to proceed with a purchase on this site.
If you have any questions regarding your online purchase, you can reach us at +32(0)475519822 from Monday to Friday from 10:00 am to 6:00 pm.
By accessing the Site or by purchasing from the Yvoir store, you declare that you are 18 years old and have the legal capacity to make a purchase and you undertake to respect the GTC.
2. Product information
We endeavor to describe and present the products sold on the site with the greatest care by putting information on line relating to the essential characteristics of the products by means in particular of technical descriptions emanating from our suppliers and photographs illustrating the products. All images used to illustrate the products are only used to enhance their description and are not contractual. In addition, despite all our precautions, errors may have occurred, in no case our responsibility can be engaged for this fact.
Some of our products are available over the counter but are intended exclusively for use outside the European Union.This means that you are free to buy and possess this type of device or product but that their use is under your full responsibility. The mere fact of ordering this type of device or product on our site implies that you are fully aware of the conditions of import, transit, possession, and use of these devices or products in the country of destination or transit.
Our products are available for consultation and purchase by all people with internet access. We therefore ship items throughout the European Union and export items outside the European Union. Some legislations concerning the purchase, the sale, the possession or the use of our products are specific to each country of destination.By validating your order, you declare to be in full knowledge of the legislation specific to your country of purchase, transit, use or destination of the goods. Therefore, you acknowledge that you are responsible for any direct or indirect consequence of your purchase.
3. The Awards
The sale prices indicated on the Site are in euros and include all taxes applicable in Belgium, but exclude delivery costs. Any delivery costs are indicated to the User as he chooses his products and are invoiced to him at the end of the order in addition to the price of the selected products.
The User may choose to display the prices of the products on the site in other currencies, but we decline any responsibility in case of error or inaccuracy in the conversion system used, i.e. in case of difference which could intervene between the total amount of your order in the chosen currency and the amount in euros.
We reserve the right to modify our prices at any time but we commit ourselves to apply the prices in force which will have been indicated to you on the Site at the time of your order.
We inform you that in case of display of an erroneous price, obviously derisory (low price), whatever the reason (computer bug, manual error, technical error...), the order will be cancelled, even in case of initial validation.
The amount of each product as well as the total amount to be paid by the User for the purchase of the products will be summarized on a screen before final validation of the order and payment.
4. Availability
You will note that we will honor your order within the limits of our available stocks.However, it is understood that this availability is given as an indication, the products being able to be sold between the moment of the order by the User and the validation of this order.
In the event that one of the products ordered is not available in our stocks, we undertake to contact you by e-mail within 15 days from the date of your order in order to inform you of this and to indicate to you the time frame in which this product could, if necessary, be delivered.
If among the ordered products, some are temporarily unavailable, we commit ourselves to send you the available products and we will propose you to send the missing products to your order as soon as they are available again.If the availability time seems too long to you or if we should not follow this product any more, we will proceed to the refunding of the said product.
5. Place an order
You can place your order:
- 24/24h and 7/7d by Internet on our site:https://www.the-hunting-shop.com/en/or by mail at the addressinfo@the-hunting-shop.com
- from Monday to Friday from 10:00 am to 6:00 pm at the store in Yvoir by phone at +32 82 69 81 23
If you have any questions regarding your online purchase, you can reach us at +32(0)475519822 from Monday to Friday from 10:00 am to 6:00 pm.
The online provision of the credit card number and the final validation of the order by the User is proof of the completeness of the order. This validation is worth signature and acceptance of all the operations passed on the Site by the User.
However, the order itself, by the User, does not constitute a sales contract and the products remain the property of THS as long as the price is not entirely and definitively paid (goods, expenses, transport...).Nevertheless, the risk with regard to the goods passes already at the moment when the goods leave our warehouses to be given to our carrier.
We reserve the right to refuse an order if there is a previous dispute in progress.
6. Payment
We accept payments:
- by Bancontact, normal bank cards, via the secure sites of PayPal or Stripe
- by credit card (Visa, MasterCard, ...) via the secure sites of PayPal or Stripe
- Payment in installments with Alma
The payment in several times/deferred is available via our partner Alma. The security of the payments is ensured by Alma and its providers. All payments are protected by 3D Secure.
Purchase amount
- P2X: Only purchases between 100€ and 2000€ are eligible for payment with Alma.
- P3X: Only purchases between 100€ and 2000€ are eligible for payment with Alma.
- P4X: Only purchases between 100€ and 2000€ are eligible for payment with Alma.
Fees
By paying in installments with Alma, the Customer only pays the following additional fees
- P2X: 0.78% per transaction
- P3X: 1.57% per transaction
- P4X: 2.34% per transaction
Alma is a telepayment manager and issues an electronic certificate that will be used as proof of the amount and date of the transaction in accordance with the
provisions of articles 1316 and following of the civil code.
Cancellation
Any termination of the T&Cs between the Seller and the customer will result in the termination of the T&Cs between Alma and the customer.
Please note that:
- no shipping is done COD.
- payments by private or company check are not accepted.
- no delay or deadline for payment is granted unless THS explicitly states otherwise in writing.
- some countries or destinations are subject to import duties, customs fees, application of local vat or other taxes and fees. It is the customer's responsibility to find out before placing an order about the various additional costs which remain entirely at his expense.
- in the case of export sales outside the E.E.C., the 21% vat is due and payable by the customer at the time of the order; as soon as the customer has provided us with the official customs document proving the export of the goods and the payment of customs duties in the country of destination, we will reimburse the amount of the vat to the customer. This original document must be provided to us within a maximum of 3 months from the date of shipment of the order.
- in accordance with the law, our delivered goods remain our property until full payment of the initial invoice as well as any costs incurred as a result of non-payment in due time. This includes, for example, all collection costs, such as the costs of notice of default, costs of notification by a bailiff, interest on arrears, legal costs, etc.
7. Delivery
Delivery is only possible if the delivery address is perfectly correct; the consequences of a failed delivery due to a partially incomplete or faulty address remain entirely at the customer's expense.
The products are sent to the delivery address indicated at the time of the order (personal, professional or other address).We do not deliver to P.O. Boxes.
Packages are generally dispatched within 2 days after receipt of payment.Whichever shipment method you choose, we will provide you with a link to track your package online as soon as possible.
Shipping fees include packaging, handling and postage. They can contain a fixed part and a variable part according to the price or the weight of your order. We advise you to group your purchases in a single order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. Your package will be dispatched at your own risk, but special care is taken to protect fragile objects.
The packages are oversized and protected.
Products purchased on the Site are delivered by bpost in four areas:
in BelgiumBy Taxipost Secur
in the surrounding countries (1)By Kilopost International
in the rest of the European Union (2)By Kilopost International
in the rest of Europe (3)By Kilopost International
(1) Germany, France (except Dom-Tom), Grand Duchy of Luxembourg, Netherlands and United Kingdom.
(2) Azores, Austria, Bulgaria, Canary Islands, Cyprus, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Madeira, Malta, Man (Island), Monaco, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
(3) Albania, Andorra, Belarus, Bosnia-Herzegovina, Canary Islands, Croatia, Faroe Islands, Georgia, Gibraltar, Guernsey, Iceland, Jersey, Liechtenstein, Macedonia, Moldova, Montenegro, Norway, Russia, St. Maarten, Serbia, Switzerland, Turkey, Ukraine, Vatican.
When the article is indicated "In Stock" at the time of your order, the time between the order and the date of first presentation of the carrier at the determined place is the sum of 2 elements:
1. the shipping time (generally 48 hours maximum) = validation of your payment + preparation of your order + taking charge of the package(s) by the carrier
2. the delivery time of your package by the carrier of your choice.You will be informed of the beginning of this period as soon as you receive the e-mail "Send order".
These times are indicated in working days and can be consulted on the site of the carrier whose address you will find on our page "Delivery".The delivery time may be shorter than the advertised time.
We make every effort to meet delivery deadlines, however we can not be held responsible for the consequences due to late delivery or loss of packages caused by a third party to the contract, or by your fact, or due to an unforeseeable and insurmountable cause constituting a case of force majeure.
In case of absence of the customer at the time of delivery, the carrier will be able to represent itself a second time without expenses (depending on the distribution service of the country of destination of the parcel).
If the parcel could not be delivered, it will be at the disposal of the customer free of charge at the dispatching of the carrier and this for a period of 6 to 14 calendar days depending on the country of destination of the parcel.
Beyond this time after the passage of the carrier to the customer, the package will be returned to us.We will then consider that the customer has exercised his right of withdrawal and we will proceed to the refund according to the conditions mentioned in the point "right of withdrawal".The shipping costs will be charged to the customer and will not be refunded.
The goods always travel at the risk of the recipient, to whom it belongs to make all reserves and to exercise all recourse with the carrier, only responsible. Our packages are checked by our shipping department and are sent to you intact and in good condition.
Upon receipt of your order, we recommend that you check the conformity of the products delivered with your order and indicate, if necessary, on the delivery note and in the form of handwritten reservations accompanied by your signature, any anomaly concerning them.Without prejudice to the applicable legal guarantees, we recommend that you address any reservations regarding the lack of conformity of the products existing at the date of delivery as soon as possible by mail to I&L Duvivier S.P.R.L., Customer Service, Rue du Tricointe, 39 - B-5530 Yvoir or by e-mail toinfo@the-hunting-shop.com.The return of products can only be accepted for products in their original condition, namely with their packaging, accessories, and instructions for use.
Our transport costs are calculated as accurately as possible, taking into account the weight, volume and destination of the goods.
Your contribution to the cost of shipping, in most cases, does not cover the full cost of shipping. It is possible that if the estimated shipping cost calculated by our website is below the actual acceptable cost, we ask you to supplement the difference. In this case, if this supplement is not convenient for you, you can always cancel your purchase.
In case of non-receipt of a parcel within the indicated time, an investigation is carried out with the carrier and can take several days (up to 30 days).During this period, no refunds or returns can be made.
8. Right of withdrawal.
In accordance with the legal provisions in force, the private consumer has a withdrawal period of 14 days from receipt of the products ordered online.
This clause is not valid between companies nor for orders placed directly with the Yvoir store, whether in person, by telephone or by e-mail.
If he wishes to exercise his right of withdrawal, the private consumer must let us know by an e-mail to which we will respond with a return agreement.He/she must pack the item(s) concerned carefully, attach a printed copy of the return agreement received from us by e-mail and return them by parcel post to the following address Laurent Duvivier S.R.L., Customer Service, Rue du Tricointe, 39 - B-5530 Yvoir.
This right of return will only be accepted for products returned in a condition that allows them to be sold again (with their original packaging, accessories, instructions...). Items returned incomplete, damaged or soiled by the Customer will not be accepted.The return will be considered as a non-conforming return and will not be refunded.
Once you exercise your right of withdrawal, we undertake to reimburse you in cash the full price of the returned items, with the exception of the initial shipping costs, within a maximum of 30 days.
The shipping costs for the return of the goods are at the customer's expense.
The right of cancellation cannot be exercised for audio and video recordings, computer software and consumables unsealed by the customer, nor for custom orders that have led to a modification of the product (e.g. arrows cut to size for the customer).
9. Product warranties
Our products are guaranteed for normal use. None of our products is intended for professional or public use. The very general use of all our products, whatever the design, the material, the use or the destination, requires the greatest prudence and is done under the whole responsibility of their users. Some items may present undetectable defects, and despite the greatest care we take to detect them, it is imperative to regularly monitor their evolution. In case of the slightest doubt concerning the assembly, the use, the maintenance of a product or an article, it is up to the customer or the user to formulate his request or questioning in writing to our customer service department so that we can advise them on what to do before handling or using the device or product again.
In application of the legal guarantee of conformity, THS undertakes to deliver your order in accordance with the sales contract concluded, and is responsible for any defects in conformity existing at the time of delivery.
To comply with the contract, products must:
1)correspond to the description presented on the Site at the time of your order;
2)Be suitable for the uses for which products of the same type are usually used or for any other special use sought by the Customer of which the latter would have informed THS before his order and which the latter would have formally accepted;
3)present the usual quality and performance of a product of the same type that any consumer can reasonably expect, taking into account the nature of the product and the characteristics described on the Site.
In the event that the lack of conformity is proven, the defective product will be brought into conformity, at no cost to the customer.
We remind you that the present legal guarantee covers any lack of conformity that appears within a period of 2 years from the delivery of your order.
Whatever the problem with your item, we recommend that you include the warranty card that was provided to you upon delivery with the defective item.
We also remind you that the legal guarantee may not apply or may only be partially applicable in certain cases such as
- repair of damage resulting from a cause external to the device (for example, accident, shock, lightning, current fluctuation, oxidation, presence of sand...);
- the customer's fault resulting for example from use or installation not in accordance with the manufacturer's specifications;
- use that is detrimental to the proper preservation of the device;
- any lack of conformity of which the customer was aware at the time of placing the order;
Commercial warranties provided by the manufacturers of the products (product failure) :
In addition to the legal guarantees, some products sold on the Site benefit from the "manufacturer"The extent and duration of the warranty differs by product and brand.
Generally, the guarantees "manufacturer"do not cover:
- replacement of consumables (e.g. batteries...);
- abnormal or improper use of the products;
- damage due to the intervention of a repairer not approved by the manufacturer;
- damage resulting from an external cause to the device (for example, accident, internal or external shock, lightning, current fluctuation, oxidation, presence of sand...).
We therefore invite you to carefully consult the instructions for use provided with the products and the exact terms of the manufacturer's warranties that may apply to the products.
In any case, THS cannot be held responsible if the manufacturer refuses to apply its warranty for the above-mentioned reasons.
When the "manufacturerIn the event that the "no charge" policy is not applicable, the repair will be subject to an estimate from the manufacturer. You may be charged an administrative fee by the manufacturer in the event that you request the return of your product without the repairs proposed by this estimate. You may also choose to abandon your product at no additional cost.
You have 3 months to accept or refuse the estimate thus established, and to pay the possible amounts due. After this period, the estimate will be considered as refused and the material abandoned, without any compensation being claimed.
No product can be sent to the customer more than twice in succession by our after-sales service. In case of failure of these two shipments (refused parcel, impossible delivery...), the product will be left at the disposal of the customer for 3 months. After this period, the equipment will be considered as abandoned and THS will be able to dispose of it by right, and proceed to its destruction, without any compensation being claimed.
10. Comments on our products
We offer registered users of the sitehttps://www.the-hunting-shop.com/en/the ability to leave comments about products they have purchased or have personal experience with.This feature is meant to be constructive.All comments on our products submitted by users of the site are monitored and moderated.If the comments violate the law and ethics (abusive publicity, defamatory comments, insults, comments out of context...) THS reserves the right to refuse or to modify the notice concerned.
11. Protection of personal data
The information you provide is essential for the processing and delivery of orders, the establishment of invoices and contracts of guarantee, their absence will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information about yourself. The communication of false information is contrary to these GTC.THS is the sole owner of the information concerning you.
THS undertakes to respect the Belgian law of December 8, 1992, on the protection of privacy with regard to the processing of personal data, as modified by the law of December 11, 1998. This law is accessible on the site :https://privacy.fgov.be.
In accordance with the law of December 8, 1992 on the protection of privacy, you have a permanent right of access and rectification on all data concerning you.You can change this data at any time via your account on the site.
THS will be able to send you promotional emails (electronic mails) proposing you new products, destocking offers, exclusivities, good deals...However, you may request to no longer receive emails from us at any time by clicking on the link provided for this purpose and inserted in the footer of each email we send you.
12.Responsibilities
THS cannot be held responsible in case of failure to fulfill one of its contractual obligations due to a fortuitous event or a case of force majeure.
The availability of the products being mentioned as an indication and consequently not having a contractual character, the responsibility of THS would not know how to be retained in the event of unavailability of one or several product(s).
In no case can THS be held responsible for loss of profit, commercial loss, loss of data or loss of earnings or any other indirect damage or damage that was not foreseeable, in particular at the time of the use of the site or of the reservation request made by the User.
Finally, THS cannot be held responsible for any damage inherent to the use of the Internet (interruption, virus ...).
13. Intellectual Property
The entire content of the Sitehttps://www.the-hunting-shop.com/en/(illustrations, texts, labels, brands, images, videos) is the property of THS or its suppliers. Any partial or total reproduction of the content by any means and on any medium is subject to prior authorization from THS.
THS shall in no case be held responsible for the violation by a User of rights held by third parties and perpetrated because of the latter's activities on the Site.
14. Entirety
The present GTC are made up of the entirety of the clauses which compose them. The fact that THS does not avail itself at a given moment of any of the clauses of the present, cannot be considered as a renunciation to avail itself later of these same clauses.
In the event of the invalidity of one of them, the other clauses remain valid.
15. Applicable law and jurisdiction
The present general conditions of sale are subject to Belgian law. Any dispute relating to the conclusion, validity, interpretation or execution of the contract and not having found an amicable solution will be subjected to the only competence of the Courts of Namur (Belgium), notwithstanding plurality of defendants and/or appeal in guarantee, even for the procedures of urgency or the conservatory procedures in summary procedure or by request.