general consumer terms and conditions of delivery
E-Shock Online Terms and Conditions of Sale and Delivery. for Consumers
We have briefly summarized the most important points for you below:
- Order must be paid through one of the digital payment methods offered in the Webshop. E-Shock will deliver your order to you within five (5) working days after receipt of the order (if available). If you have taken out a Shock Subscription, the aim will be to deliver the order on the pre-announced date.
- The shipping costs are based on the total weight of the order and the number of Products. The Webshop calculates the total weight and states the corresponding amount for shipping and transport costs. For orders over 300 kg, please contact us at firstname.lastname@example.org. No separate shipping costs are charged for the Shock Subscription.
- If the Product does not meet your expectations or you wish to reconsider the purchase for any other reason, you have the right to cancel the purchase within fourteen (14) calendar days after receipt of the Product and then return the Product within fourteen (14) calendar days after to return the cancellation notice. E-Shock will refund the payment, including the shipping costs (to the extent that these are for the account of E-Shock based on these Terms and Conditions), within 30 (thirty) calendar days after actual receipt of the Product. The costs of the return shipment are for the account of the Consumer, unless the Product has been delivered damaged or defective. In that case, costs for the return shipment will be borne by E-Shock. The right of withdrawal does not apply to personalized products and custom-made products.
Capitalized terms are defined in these Terms as follows:
“Item(s)” means provisions in these E-Shock Terms;
“Consumer(s)”: buyer(s), natural person or persons, who act or act for purposes outside their business or professional activity, and who order or order Products via the Webshop;
“Agreement(s)”: the agreement(s) of purchase, sale and delivery that is (or will be) concluded between a Consumer and E-Shock;
“Party(ies)”: E-Shock or the Consumer, or E-Shock and the Consumer;
“Personal Data”: any information relating to an identified or identifiable natural person;
“Privacy Statement”: ”: the statement regarding the processing of Personal Data that can be consulted on the E-Shock website;
“Product(s)”: the goods that E-Shock offers for sale through its Webshop;
“E-Shock”: Group E BV.;
“Terms and Conditions”: these online terms and conditions of sale and delivery for E-Shock Consumers;
“Webshop”: E-Shock's online sales channel –www.e-shock.be / www.e-shock.nl / www.e-shock.fr – where Consumers can order Products.
2.1. These Terms and Conditions apply to the formation, content and fulfillment of all Agreements concluded between the Consumer and E-Shock.
2.2. If the Consumer places an order with E-Shock, the Consumer must tick the box that agrees to the Terms and Conditions of E-Shock. The Conditions are also made available to the Consumer by means of a digital link. E-Shock has the right to change these Terms and, to the extent required by law, will give the Consumer thirty (30) calendar days' notice of such change. If the aforementioned change entails a substantial change to the performance promised by E-Shock, the Consumer is authorized to dissolve the Agreement.
2.3 The offers contain an accurate description of the Products offered. The description is sufficiently detailed to enable a Consumer to make a proper assessment of the Products offered. Obvious mistakes or errors in the description and/or prices of the Products offered do not bind E-Shock.
Formation of the Agreement
3.1. The Agreement between E-Shock and the Consumer is concluded at the moment that the Consumer accepts the offer from E-Shock by fully and correctly completing the web form present on the Webshop and agreeing to the Terms and Conditions. An Agreement is also concluded upon acceptance of an offer from E-Shock, other than the offer in the Webshop, when the Consumer accepts the offer in the same manner in which E-Shock makes the offer to the Consumer.
3.2. If the Consumer has accepted the offer electronically, E-Shock will confirm receipt of the acceptance of the offer electronically as soon as possible. As long as receipt of this acceptance has not been confirmed, the Consumer may, in addition to the provisions of Article 6 of these Conditions, terminate the Agreement by sending E-Shock an unambiguous statement of termination, for which the model form attached as Annex I can be used.
4.1. The Consumer owes the price agreed per Agreement at the times agreed per Agreement.
4.2. The prices of all Products that can be ordered via the Webshop include turnover tax (VAT).
4.3. The shipping costs are based on the total weight of the order and the number of Products. The Webshop calculates the total weight and states the corresponding amount for shipping and transport costs.
4.4. The prices of Products listed in the Webshop are subject to change for any reason.
4.5. E-Shock reserves the right to change the terms and conditions of the Shock Subscription orders still to be delivered during the term of the Shock Subscription, for example with regard to expanding the variety of Products and services (such as the number of delivery days). , whereby E-Shock will inform the Consumer no later than fourteen (14) calendar days before a change takes effect. In the event of a change that results in a price increase, the Consumer will be entitled to dissolve the Shock Subscription within ten (10) calendar days without the Consumer owing any compensation for non-delivered Products. To exercise the dissolution, the Consumer sends E-Shock an unambiguous statement of dissolution for which the model form attached as Annex I can be used.
4.6. Promotions and offers are valid while stocks last.
5.1 E-Shock delivers everywhere in Belgium, the Netherlands & Luxembourg, unless deemed impossible by the third party E-Shock is working with.
5.2 Delivery of the Products takes place at the address specified by the Consumer in the Webshop or other available channels of E-Shock as the delivery address. If the Consumer wants to change the delivery address and this request crosses a delivery that is already ready, this change will be processed before the next delivery at the latest.
5.3. Delivery is only possible on days on which the third party E-Shock uses indicates that it can deliver.
5.4. Until the time E-Shock has obtained the necessary information from the Consumer to be able to deliver, E-Shock is not obliged to deliver.
5.5. With regard to the number of Products to be delivered, the number registered by E-Shock is binding.
5.6. All Products are usually available from stock, but the delivery times stated by E-Shock are indicative. Exceeding any delivery period does not entitle the Consumer to compensation.
5.7. With due observance of what is stated above in Article 5.6, E-Shock will execute accepted orders as quickly as possible and in principle within five (5) working days. If the delivery is delayed either due to (temporarily) being out of stock or for other reasons, or if an order cannot or only partially be executed, the Consumer will receive notification of this within five (5) working days at the latest after placing the order. has message.
5.8. If it is not possible to personally transfer the Products, the Agreement can be fulfilled by offering the Products to the neighbors of the delivery address indicated by the Consumer, or by handing over the Products to the collection point closest to the delivery address .
5.9. The moment of delivery and the moment at which the risk passes is the moment that the Consumer, or a third party designated by the Consumer, has received the Products.
5.10. E-Shock products may not be used in any way for any illegal use. In such cases, E-Shock has the right to immediately discontinue the service to Consumers and to terminate the Shock Subscription immediately.
5.11 E-Shock reserves the right at all times to refuse orders for reasons of E-Shock's own without any liability arising for E-Shock. The Products are intended for the Consumer and the Products are not intended to be resold. For example, E-Shock can refuse orders if there are reasonable suspicions of resale. In addition, E-Shock can set a maximum to the quantities to be ordered.
Right of withdrawal and refund
6.1. The Consumer has the right to terminate the Agreement with regard to the purchase of a Product within fourteen (14) calendar days after delivery of the Product and the obligation to return the Product within fourteen (14) days after termination. The right of withdrawal referred to in this Article 6 does not apply to personalized bars.
6.2. If the Consumer makes use of this right of withdrawal, he will inform E-Shock thereof by e-mail within the aforementioned fourteen (14) calendar days. The Consumer can use the model withdrawal form attached as Annex I, but is not obliged to do so. The Consumer is not obliged to state the reason for the dissolution. After dissolution, the Consumer will receive an instruction from E-Shock by e-mail about the prescribed method of returning the Product.
6.3. The Consumer shall return the Product to E-Shock as soon as possible, but within fourteen (14) calendar days after dissolution of the Agreement. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
6.4. Return shipments are only accepted if the Product is (in original packaging) and undamaged. The starting point here is that the Consumer may only handle and inspect the Product as he would be allowed to do in a shop. Return shipments must be properly packaged. The costs for return shipments are for the account of the Consumer. If delivered Products are damaged or defective, costs for the return shipment will be borne by E-Shock.
6.5. Products that are returned prepaid will not be accepted by E-Shock and will not affect the term referred to in Article 6.2.
6.6. E-Shock sends a confirmation of receipt to the Consumer after receipt of the Product. Within 14 (fourteen) calendar days after receipt of the return shipment of the Product, E-Shock will refund the payment of the Product to the Consumer, including the shipping costs as referred to in Article 4.3, insofar as these shipping costs are for the account of the Consumer on the basis of these Terms and Conditions. E-Shock.
7.1. The Consumer must pay the price and the other amounts due under the Agreement by means of one of the digital payment methods offered in the Webshop.
7.2. If the Consumer wishes to use a direct debit for the payment of the Shock Subscription, the Consumer thereby gives permission to the payment platform used by E-Shock to also make future payments of the relevant product on behalf of E-Shock by means of a SEPA authorisation. account number.
7.3. Invoices and payment reminders are only offered to the Consumer electronically by E-Shock. The Personal Data provided by the Consumer are leading in this.
7.4. E-Shock retains ownership of all delivered Products until the Consumer has fully fulfilled all his payment obligations towards E-Shock.
8.1. E-Shock discount codes may not be used by the Consumer for (own) commercial purposes and/or purposes other than those for which they were issued. The Consumer is not allowed to share personal discount codes.
Fraud or other unauthorized acts
9.1. Any (attempted) fraud or other unauthorized actions will be registered and will result in the use of discount codes being denied to the Consumer or the Shock Subscription being immediately terminated by E-Shock.
Complaints and warranty
10.1. E-Shock guarantees that the delivered Products are suitable for the purpose for which the Products are intended on the basis of the information provided by E-Shock and guarantees that the Products comply with any legal obligations and other applicable government regulations.
10.2. The Consumer is obliged to check the Products after they have been made available to him. If the Consumer receives Products that have not been ordered, which according to the Consumer do not comply with the Agreement or find inaccuracies in a delivery, E-Shock will request this to E-Shock as soon as possible and no later than fourteen (14) days after receipt of the Products. Shock by sending an e-mail to email@example.com.
10.3. The guarantee provided by E-Shock as described in Article 9.1 does not affect the legal rights and claims, as referred to in Articles 7:18, 7:19A, 7:21 and 7:22 of the Dutch Civil Code, which the Consumer can assert against E-Shock under the Agreement.
10.4. If a report as referred to in Article 9.2 is justified in the opinion of E-Shock, E-Shock will proceed to compliance within a reasonable period by means of replacement of the Products or refunding the purchase price of the Products to which the report relates. , at the option of E-Shock.
Liability for damage
11.1. The Consumer acknowledges that the liability of E-Shock is limited to the liability based on applicable mandatory law. Any additional liability based on regulatory law is excluded.
11.2. A series of related claims or events counts as one claim or event.
11.3. The Consumer must report the damage suffered by him to E-Shock in writing as soon as possible but no later than fourteen (14) calendar days after the occurrence or becoming known, with the exception of damage based on non-conformity as referred to in Article 7. :17 of the Civil Code for which a period of two (2) months applies. Damage that is not reported within this period is not eligible for compensation. In any case, all legal claims of the Consumer against E-Shock become time-barred after two (2) years, counting from the day on which the relevant obligation under the Agreement became due and payable or the event causing the damage took place, with the exception of any legal claim based on non-conformity as referred to in Article 7:17 of the Dutch Civil Code, which expires two (2) years after the notification referred to in the first sentence of this Article.
11.4. E-Shock is not liable for illness or death of pets on mail orders where the pet can get to and eat the packaged chocolate.
12.1. In the event that the Consumer fails to comply with the obligations under the Agreement and/or the Terms and Conditions, E-Shock may, at its own discretion: (a) give the Consumer the opportunity to comply with its obligations within a reasonable period set by E-Shock; or to fulfill its obligations; or (b) dissolve the Agreement by written statement without judicial intervention (and with immediate effect) without E-Shock being obliged to pay any compensation to the Consumer.
12.2. All claims that E-Shock may have or acquire against the Consumer in the cases mentioned above in Article 11.1 will be immediately due and payable in full.
12.3. E-Shock will at all times retain the right, in addition to dissolving the Agreement, to also recover full compensation for any damage and costs from the Consumer in the manners provided for by applicable laws and regulations.
Canceling, changing, pausing and extending the Shock Subscription
13.1. The Consumer has the option of taking out the Shock Subscription for an indefinite period of time or for a specific period of time, based on the conditions as specified in the Shock Subscription.
13.2. The Shock Subscription for an indefinite period of time can be canceled by the Consumer at any time. The notice period is the remainder of the month that the Consumer has paid in advance at the time of cancellation.
13.3. The Shock Subscription for a definite period cannot be canceled prematurely, ends by operation of law and cannot be automatically extended or renewed for a specific period.
13.4. The Consumer is entitled to temporarily interrupt, change or cancel the Shock Subscription for three (3) months via the website, in writing or other channels supported by E-Shock, with due observance of the agreed notice period, or the to change Personal Data relevant to an order, before the next delivery, without prejudice to the provisions of Article 5.2.
Recall of the Products
14.1 E-Shock has the right to revoke Products for its own reasons, including to prevent unsafe Products from entering and/or remaining with the Consumer on the trade market. In the event of such a withdrawal, E-Shock will take the necessary measures to inform the Consumer of the withdrawal. E-Shock will make any cancellation known via (among other things) social media and with a message on the website of E-Shock. In that case, E-Shock will request the Consumer to cooperate in such a withdrawal of Products.
Intellectual Property Rights
15.1. All intellectual property rights in the Products, brands, (trade) names, domain names, logos, artwork, images, look-and-feel, websites, promotional and marketing materials, merchandise, etc. of E-Shock are vested exclusively in E-Shock and/or its licensors. It is not permitted to use these intellectual property rights without prior permission from E-Shock.
15.2. Nothing in these Terms is intended to effect or create a transfer or license to any intellectual property rights of E-Shock for the benefit of the Consumer. E-Shock expressly reserves all rights in this regard.
15.3. For personalized products (wrappers and bars) that are defamatory, insulting, obscene, threatening or otherwise unlawful, or for personalized products (wrappers and bars) that infringe intellectual property rights of third parties, the Consumer bears the full risk and applies at all times. that E-Shock is not liable for third party claims.
16.1. E-Shock handles Personal Data of the Consumer with care. The E-Shock Privacy Statement applies to all processing of Personal Data. The Privacy Statement can be consulted and saved via the website. E-Shock processes Personal Data in order to be able to perform an Agreement, as well as for other purposes as described in the Privacy Statement. The Consumer is deemed to have taken note of the Privacy Statement and the processing of Personal Data by E-Shock described therein.
17.1. For incorrect or delayed transmission of order data and notifications as a result of the use of the internet or any other means of communication in the traffic between the Consumer and E-Shock, or between E-Shock and third parties, insofar as it relates to the relationship between the Consumer and E-Shock, E-Shock is not liable.
Invalidity of one or more provisions
18.1. The invalidity of a provision of the Agreement and/or of these Conditions has no consequences for the validity of the other provisions of the Agreement and these Conditions.
18.2. Insofar as permitted by law and regulations, if one or more provisions of the Agreement and/or these Terms and Conditions should be invalid or, under the given circumstances, unacceptable to standards of reasonableness and fairness, a provision will apply between the Parties that takes all circumstances into account. is acceptable that corresponds as closely as possible to the purport of the original provision.
18.3. If E-Shock allows deviations from these Terms and Conditions, whether or not tacitly, for a short or longer period of time, this does not affect its right to still demand immediate and strict compliance with these Terms and Conditions. The Consumer can never assert any right based on the fact that E-Shock applies these Conditions smoothly.
Applicable law and disputes
19.1. Only Dutch law applies to Agreements concluded between E-Shock and the Consumer.
19.2. All disputes between the Consumer and E-Shock will be settled by the competent (subdistrict) court of the Consumer's place of residence. The Consumer is also entitled to submit disputes for settlement to the (subdistrict) court in Dendermonde.
20.1. These Terms consist of 20 Articles.
20.2. The information relevant to the Consumer relating to the identity of E-Shock is as follows:
A group-e company
Zelestraat 145 9160 Lokeren Belgium
Phone: +32 9 396 92 02
Btw: BE 0758.808.630
IBAN: BE29 7370 5334 2464