Terms and Conditions
art 1 Company Identity
Gunsmoke webshop (part of Wapenhandel Podevijn) seated at Meerlaan 9A, 9620 Zottegem, Belgium
subscribed with number 0649127166 at the ‘KBO’.
The VAT number is BE0687590240.
Phone number: +32 (0)9 360 33 80
Fax number: +32 (0)9 361 22 01
(during opening hours from Tuesday till Friday from 09.00 – 12.00 AM & 13.30 – 20.00 PM and Saterday to 18.00 PM, except holidays)
art 2 Application
These terms and conditions are applicable on the internet sales from all articles out of the range of Gunsmoke webshop to customers who have an account. The acceptance of an offer or placing an order implies the application of these general terms and conditions. These conditions always prevail the terms of the other contracting party. If any of these terms or conditions are unlawful or impracticable, the remaining terms and conditions remain in effect. The agreement can be made in Dutch or English, depending what the customer has chosen as language. The fact that the customer doesn’t master the chosen language doesn’t imply that any of these terms or conditions aren’t relevant or applicable.
art 3 Changing terms and conditions
Gunsmoke webshop may change the terms and conditions at all times.
The terms and conditions at time of closing the agreement or pending orders remain in effect. Each order after the amendment of the conditions implies an acceptance by the customer of the new conditions.
art 4 Publication of the terms and conditions
Before concluding a distance contract, the terms and conditions are available for the customer in the navigation menu: terms and conditions. If this is not possible, the customer may view these terms and conditions in the physical shop of Wapenhandel Podevijn or on request by the customer, we can forward these terms and conditions by e-mail.
art 5 Offer
The offer includes a complete and accurate description of the products and/or services. This description is sufficiently detailed to allow a proper assessment of the offer by the customer.
Used images by Gunsmoke webshop represent the offer truthfully, but may contain elements that are not included in the offer or may differ from the article.
Obvious faults, mistakes or errors in the offer do not oblige Gunsmoke webshop.
art 6 Establishing an internet sale
An order can be made through www.gunsmoke.eu.
Payment is made in advance via bank transfer or via PayPal. The agreement is established at time of acceptance by the customer of the offer and the fulfillment of any relevant conditions.
Gunsmoke webshop has the right to refuse orders in the following cases:
- Abuse of rights or bad faith of the customer;
- Depletion of the stock or when an offer is no longer available;
- Force majeure.
When a customer accepts an offer, Gunsmoke webshop confirms the receipt of this order trough electronic way to ensure the acceptance by Gunsmoke webshop of the order. As long as a customer has not received this confirmation the customer may cancel the order.
When an agreement is established electronically, Gunsmoke webshop takes appropriate technical and organizational measures for the security of transferred data and secure web environment. When a customer pays electronically, Gunsmoke webshop will use the appropriate security measures.
art 7 Pricing
All prices are VAT included.
Eventual delivery and/or other payment, administrative fees, are noted on the webshop in the navigation menu: ‘payment methods’ and ‘delivery’.
All offers are valid for the time they are noted on the webshop. The shown prices may change on any given time. When an order is placed, the price shown at time of the order is the applicable price.
art 8 Payment
Payments are made in advance via bank transfer or trough PayPal. Attention, surcharge 4,84% on the complete order for paying with PayPal.
art 9 Property right
The goods remain property of Gunsmoke webshop until complete payment. The risks of loss or damage transfers to the customer upon possession of the goods.
art 10 Delivery of an order
Gunsmoke webshop works together with an external delivery company named Bpost.
The advertised delivery times are only indicative. Exceedance of any delivery time does not give any right for any compensation nor the right to delete the agreement, unless the exceedance of the delivery time is of this kind, that you cannot reasonably be expected to let the agreement stand. In this case you’re entitled to delete/cancel your order if you find this necessary.The place of delivery is the address which the customer (truthfully) expressed at Gunsmoke Webshop.
art 11 Right of withdrawal
When purchasing products the customer has the right to dissolve the order without any reason within 14 days. The period of 14 days starts on the day following after delivery by receipt of the customer.
During this time the customer will handle the order and packaging with due diligence.
The customer will only unpack his order so far as necessary to be able to judge whether he wishes to keep or return his order. When a customer uses his right of withdrawal, he must return the order and all delivered accessories and - if reasonably possibly – in the original condition and packaging to Gunsmoke Webshop, according to the by Gunsmoke webshop reasonable and clear instructions.
art 12 Costs in case of withdrawal
When using the right of withdrawal, only the shipping costs of the order (from and back) are for your account. When you have payed an amount, Gunsmoke webshop will refund this amount (minus transport costs) a.s.a.p., but at the latest within 30 days after receiving back the cancelled order, when the customer has fulfilled the terms and conditions announced by article 11 in accordance of the original state of the order and packaging.
art 13 Exclusion right of withdrawal
Gunsmoke webshop excludes the right of withdrawal for the following types of products:
a) Products ordered/made by specifications of the customer
b) Products which are personal of nature
c) Products which cannot be send back
d) Products that can spoil or age
e) Products whose prices are subject to fluctuations in the financial market that are beyond Gunsmoke webshop’s control
f) Single newspapers and magazines
g) Audio and video recordings and computer software of which the consumer has broken the seal.
art 14 Conformity and guarantee
Gunsmoke webshop guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
When gunsmoke webshop delivers products to its clients, Gunsmoke webshop is not held to a further guarantee towards the customer then that Gunsmoke webshop is entitled to from its suppliers.
art 15 Complaints procedure
Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.
The complaints submitted with Gunsmoke webshop shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
art 16 Intellectual property
The customer explicitly recognizes that all rights of intellectual property of the given information, announcements or other expressions concerning to the products and/or in relation to the website are based by Gunsmoke webshop, her suppliers or other persons entitled.
art 17 Personal data
Gunsmoke webshop uses personal data within the applications of the privacy rules and laws.
art 18 Applicable law
On all offers of Gunsmoke webshop, her agreements and executions of contracts Belgian law is applicable. All differences or disputes between parties will be forwarded to the exclusive competent court at Oudenaarde.
art 19 Links
art 20 Rights
You have the right to ask Gunsmoke webshop which data about you is processed. Therefore you can send an e-mail to firstname.lastname@example.org. You may also e-mail Gunsmoke webshop for any corrections or additions to your personal data. When you do not wish to receive any further newsletters, news or e-mails by Gunsmoke webshop please notify by e-mail.