Terms of service
General Terms and Conditions
General
1.1 Without prejudice to the application of any specific terms and conditions, these general terms and conditions apply to any quotation, order confirmation, purchase order, sales or purchase agreement between the entrepreneur, Mr. Julian Roelandt, with registered office at 1730 Asse, Louwijn 13 and VAT number 0745.886.745 (hereinafter referred to as Poppular) and its customer (hereinafter referred to as the "Customer"). In case of conflict between these general terms and conditions and any separate written agreement, the written agreement shall prevail.
Applicability
2.1 These general terms and conditions apply to any offer from Poppular on the website, www.POPpular.be, and to any agreement between Poppular and the Customer.
2.2 The Customer is deemed to fully and irrevocably agree to these general terms and conditions by the mere fact of placing an order. 2.3 If any provision of these general terms and conditions is unenforceable or in conflict with mandatory law, this shall not affect the validity and enforceability of the other provisions of these general terms and conditions.
Prices and Payment
3.1 The goods are invoiced at the prices and conditions as stated on the website. Unless expressly agreed otherwise, the prices stated by Poppular are excl. taxes, packaging costs, transport and insurance costs, which are entirely at the expense of the Customer.
3.2 Payment is made immediately upon placing the online order through one of the various indicated payment methods on the website.
3.3 Poppular accepts payments with VISA and MASTERCARD. If you choose to pay by credit card, the amount will be debited from your account immediately upon confirmation of payment.
3.4 In case of total or partial non-payment of an invoice on the due date, the Customer shall, by operation of law and without prior notice of default, owe default interest on the unpaid invoice amount at a rate of 12% per annum, as well as a lump sum of 10% of the unpaid invoice amount, with a minimum of 25 EUR, without prejudice to the right to claim higher compensation upon proof of higher actual damages.
Delivery
4.1 The delivery period commences only on the day following receipt of payment.
4.2 Delivery is made within 4 working days provided that the goods are in stock.
4.3 The Customer may choose to collect the goods from Poppular, provided that an appointment has been made in advance. The goods will then be available 2 days after placing the order, provided that the goods are in stock.
4.4 In the case of a so-called pre-order, namely goods that are not in stock, no exact delivery period can be determined.
4.5 The shipping cost is borne by the Customer. The shipping cost is waived if the Customer collects the order.
4.6 In the event that Poppular is unable to deliver the order for reasons beyond its control, the purchase price will be refunded.
4.7 Unless otherwise agreed, the delivery date is provided for information purposes only and is therefore not binding, and delay in delivery shall not entitle the Customer to a penalty, compensation, or cancellation of the order.
Right of Withdrawal
5.1 If you purchase goods from us, you have the right as a consumer to decide within 14 days from delivery that you do not wish to keep the goods. When you purchase as a business, you have no right of withdrawal. You can return your order without penalty and without giving any reason; however, the cost of returning the goods is your responsibility. Within 14 days after we have received your returned order, we will refund you the purchase price using the same payment method you used for the original transaction.
5.2 This does not apply to mystery boxes/bags or products from mystery boxes/bags.
5.3 The direct costs of returning the goods are therefore your responsibility. Refusing a package also incurs return costs equal to the shipping costs you paid.
5.4 Orders placed with a credit card cannot be canceled before shipment due to the transaction costs incurred by us on such payments. 5.5 The right of withdrawal only applies to distance purchases and therefore does not apply if the goods are purchased in the store and/or at conventions. 5.6 Upon timely receipt of the goods in good condition and original packaging, Poppular will refund the purchase amount.
5.7 We may wait to refund you until we have received the goods back.
5.8 During the first 14 days after delivery, we expect you to handle the order and packaging with care. If you want to return the goods as described above, you may only unpack or use them to the extent necessary to assess whether you wish to keep them. When returning the goods, they must be returned with the original packaging, with all accessories supplied, and in the original condition and packaging, in accordance with our instructions below.
You can return your return package by post or courier. To exercise your right of withdrawal quickly and correctly, you can fill out the form below and send it by registered mail to Louwijn 13, 1730 ASSE. We will send you an acknowledgment of receipt of your withdrawal by email. "MODEL FORM FOR WITHDRAWAL
(fill in and return this form only if you want to withdraw from the contract) - To POPpular:
- I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods/delivery of the following service ()
- Ordered on ()/Received on ()
- Name/Names of consumer(s)
- Address of consumer(s)
- Signature of consumer(s)
- Date
(*) Delete as appropriate."
6 Inspection, Complaints, and Warranty
6.1 Complaints related to the quantity and/or non-compliance must be reported to Poppular no later than 2 months after the defects are discovered, and must include relevant details (such as order and invoice numbers). Poppular reserves the right to deem any complaint regarding defects as inadmissible.
6.2 Poppular guarantees the conformity of the goods as provided in the legal consumer guarantee.
7 Risk and Retention of Title
7.1 Without prejudice to the risk of the Customer with regard to the goods, the seller retains ownership of the delivered goods until full payment of the price. The risk passes to the Customer upon delivery, whether or not payment has already been made.
7.2 The goods are considered delivered and accepted at the warehouses of Poppular in Asse.
7.3 Our shipments are always at our risk. You do not need to worry about goods lost in the mail. However, if you return goods to us within 14 days of purchase because you prefer not to keep them, you are responsible for transportation.
8 Discounts
8.1 The Customer can obtain a one-time discount of 10% by subscribing to the newsletter. This discount is valid for 14 days and can be used for orders over 65 EUR. This discount cannot be combined with any other temporary discount promotions.
8.2 The nature, duration, and expiration date of an offer and other specific terms of use can be found in the communication containing the discount code. Each discount code is valid for a certain period, after which the discount code cannot be used anymore.
9 Applicable Law and Jurisdiction
9.1 All agreements to which these general terms and conditions apply are exclusively governed by Belgian law.
9.2 Unless otherwise provided by mandatory law, all disputes between the parties concerning agreements subject to these general terms and conditions shall be exclusively within the jurisdiction of the Justice of the Peace of Asse and the Dutch-speaking courts of Brussels.
10 Use of Cookies
10.1 During a visit to the site, 'cookies' may be placed on the hard drive of your computer. A cookie is a text file placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. These small files facilitate navigation and greatly contribute to the user-friendliness of the website.
10.2 If you wish to be notified by the browser when a cookie is sent, you can adjust your browser settings. If you do not wish to receive cookies, you can choose "do not accept cookies" in your browser settings. You will then no longer receive cookies. However, this may lead to loss of functionality and loss of user-friendliness of the website.
11 Personal Data and Data Protection (GDPR)
11.1 Which personal data are processed: Upon registration on the website and/or placing an order, we will request certain personal data from you. This personal data is necessary for the correct and smooth operation of the webshop, such as processing your order. The data is used to provide the goods and services requested by you. The following personal data are processed:
- First and last name
- Address details
- Phone number
- Email address
- Bank account number
- IP address
- Data about your activities on our website 11.2 Purpose of data processing: Poppular processes your personal data for the following purposes:
- Handling your payment
- Sending our newsletter if you have subscribed
- Being able to call or email you if necessary to perform our services
- Informing you about changes to our services and products
- Delivering goods and services to you
- Providing you access to your account if you have created one Poppular also processes personal data if legally required to do so.
11.3 Data retention: Poppular does not retain your personal data longer than strictly necessary to achieve the purposes for which your data is collected.
11.4 Provision of data to third parties: Poppular only provides data to third parties if necessary for the performance of our agreement with you or to comply with a legal obligation.
11.5 Viewing, correcting, or changing data: You have the right to view, correct, or delete your personal data. Additionally, you have the right to withdraw your consent for data processing or object to the processing of your personal data by Poppular. You can send a request for access, correction, deletion, data transfer of your personal data, or a request to withdraw your consent or object to the processing of your personal data to [email protected].
11.6 Data security: Poppular takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure, and unauthorized alteration. If you believe your data is not properly secured or if there are indications of abuse, please contact us at [email protected]. 11.7 General information: We always strive to ensure that the use of your personal data strictly complies with the legislation applicable in Belgium and in the European Union, namely:
- the Belgian Law of December 8, 1992 (Law on the Protection of Privacy), last amended by the law of December 11, 1998
- the European Directives concerning the protection of privacy (GDPR legislation in force as of May 25, 2018)