1° INTRODUCTION
These General Conditions (called the « Conditions ») define the Parties’s rights and obligations for all commercial transactions and sales of goods (called « Goods »), in Belgium, by means of this website (www.bo-golf.com, called « Website »).
The Conditions are contracted between, in the one hand, PRO STAR GOLF SRL, registered at Banque Carrefour des Entreprises under business number BE 0535.779.894, whose headquarters are located in Lasne, 1380, 31, Avenue de la Renardière, In Belgium, and called « Dealer », and on the other hand, each person that makes a purchase on the Website, called « Buyer ».
The Dealer & the Buyer form the parties, called « Parties ».
Parties agree their relations are subjected and governed by the Conditions.
Each order made on the Website, called « Order », means that the Buyer accepts the Conditions in its integrality. The Order confirmation sets for a digital signature and signs for the Order.
2° MEMBERSHIP
The purchase of Goods on the Website is reserved to Buyers, that previously register on the Website, by following the membership procedure described on the Website.
This membership procedure requires identification of the Buyer, using his own confidential and private email address and password. The Dealer is not responsible for any abuses on these.
After filling the form, an email is sent to the Buyer with a recap of its email address and password.
The Buyer may check out its order status, at any case, and modify its personal data whenever he wants.
The Dealer reserves the right to exclude a Buyer if necessary.
3° DESCRIPITION & GOODS AVAIBILITIES
Goods, intented to be sold, are those available on the Website.
A complete and essential description of each Good is done ans proposed to the Buyer.
The Dealer will display avaibilities of the Goods on the Website, but can’t be responsable for any misses in stocks that would affect the Order and its delivery.
If the Good ordered are out of stock, the Dealer will advised the Buyer.
The Buyer will make a choice between, whether, waiting for the Good to be back in stock and delivered, whether, modify the Order and choose an alternate Good of same value, or, cancel the Order.
If the Buyer chooses for Order cancel, any sums already paid will be return to him.
Photo illustrations and any descriptions linked to the Goods are not contractual.
The Dealer reserves the right at any time to correct clerical omissions and errors without any liability on himself.
4° PRICES
All prices are quoted in Euro and do not include cost of delivery and packaging.
All prices are inclusive of VAT and are current to the time of publishing.
Any change in VAT will be automatically reflected to prices.
The price payable by the Buyer shall be the price which is in force at the time of delivery.
5° DELIVERY & PACKAGING
Cost of delivery and packaging are inclusive of VAT and due by the Buyer.
The Buyer can check out cost of delivery in its buying cart, when register on the Website.
The Dealer reserves the right to modify those cost at any time, without prior notifications.
The cost of delivery payable by the Buyer shall be the cost which is in force at the time of delivery.
The cost of delivery will not be returned to the Buyer if applying his right of withdrawal.
6° ORDER
To make an Order, the Buyer has to to register on the Website, firstly.
The Buyer has to fill in the order form, then, by informing the Dealer with his first name, last name, address of delivery and phone number. The Dealer will not be responsible in case of entry errors that could affect communication between the Parties and delivery.
After filling the form, the Buyer is invited to confirm the Order by clicking on « I confirm my order ». Therefore, the Buyer agrees the Conditions totally and commits to pay for the Goods and delivery.
Each Order will be confirmed to the Buyer through an email that will undertake all details of the Order, in particular, the Order date, the Good(s) ordered, the price(s) and cost of delivery.
After ordering, the Buyer may cancel or modify his order, in the only way the Order has not being processed yet and not ready to ship.
The Dealer reserves the right to cancel or refuse an order in the case of an existing conflict with the Buyer, non-payment or partial payment of a previous order, or the Buyer is prohibited banking.
7° PAYMENT
PRO STAR GOLF proposes two payment options to the Buyer.
Either the Order can be paid using Mollie, a online secure payment system, or the Buyer is able to choose using the traditional bank transfer.
Online payments on this website are processed via Mollie, a European payment service provider. Mollie allows customers to securely complete transactions using various payment methods. Mollie acts as an intermediary, ensuring the secure handling of payments and the transfer of funds to the merchant in compliance with applicable regulations.
When using bank transfer, the Buyer will receive an email resuming the Dealer’s bank details in order to make the payment.
Goods remain the Dealer’s ownership till the complete payment of the Order.
8° DELIVERY
PRO STAR GOLF provides an effective delivery service to Belgium, Luxemburg, the Netherlands and most countries within the UE.
As soon as Buyer’s parcel is transmitted to the carrier, a tracking number upon dispatch will be sent by mail, in order to see the progress of the Order’s delivery from the point of shipping to the final delivery, available on the courier’s website.
The Order will be dispatched within the 48hours after that the Order has been confirmed by the customer.
The Order will be delivered on weekdays only, between 8.00 am to 6.00 pm, to the delivery address mentioned (home or workplace) on the order form. A digital signature will be required upon delivery.
If nobody is available to sign for the parcel, the courrier will leave a notification card and delivery will be re-attempted the next business day. In case of 3 missed delivery attempts, customer will be pleased to contact the courrier and local deposit to catch the order or to organize another delivery.
Each delivery is considered as performed, as soon as the Goods effectively have been receipted at the address mentioned on the Order form. The carrier’s online tracking system will act for delivery proof.
When the Goods are delivered, the Buyer should carefully check the parcel to ensure that the numbers and contents of the parcels due to be delivered corresponds to the number and contents of the parcels received.
The Buyer may refuse a parcel whether some apparent parcel damages have been noted or in the case of effective parcel pre-opening. The Buyer, then, must report it to the Dealer, in the shortest possible time.
For non-european countries, international buyers are responsible for any duties, taxes and brokerage fees that may be charged for Orders sent outside the EU. The Dealer will not be responsible for.
The Dealer will be under no liability for any delivery delays, any parcel lost by a third party or the Buyer himself, or any consequences that may emanate from acts of god as stated in point 11 in the Conditions.
Delivery timeframe for Benelux is 1-2 business days.
Delivery timeframe for rest of European countries is 2-7 business days.
Maximum parcel weight is limited to 31,5 kg. Additional delivery costs could be required in case of overweighted parcels.
9° RETURN
The Buyer may cancel any Order made on the Website within 15 days of receipt of the Goods, without any penalties, exception made for the return cost of delivery that will be in charge of the Buyer. The Buyer must notify the Dealer its plan to return the Goods, by phone on telephone number +3267771571 or by email te info@proshoplempereur.be.
Return cost of delivery will only be refunded to the Buyer where the Dealer has sent Goods in error.
Goods cannot be returned unless there has been a delivery error or Goods are damaged or faulty.
In the case of a faulty Good or delivery error, the Buyer must notify the Dealer the day of delivery or the next business day maximum. Outside this period, any claim or notification coming from the Buyer will be rejected.
According to his right of cancellation, the Buyer may ask the Dealer, either, to be refunded for amounts previously transfered, or, to exchange with a Good of same value. If the Buyer chooses to be refunded, the Dealer commits to refund the transfered amounts within 30 days.
Goods must be returned to the Dealer within 10 calendar days, counting from the day the Buyer has notified its plan to return those. Outside this period, the Buyer’s right of cancellation will have no effects and the Order shall be paid.
Only Goods returned in integrality, with original packaging, unused, in perfect conditions for resale, will be accepted for return. Any Good that has been used, soiled, damaged, incomplete, will not be accepted for return or exchange.
Any returned Good must be packed with its original packaging and suitably labelled addressed to Laurent Bakker, Belgium, Lasne, 1380, Avenue de la Renardière, 31, and must be returned in the same condition they were in when dispatched to the Buyer.
The Dealer invites the Buyer to retain any proof of posting, receipt or tracking number for any Good returned as the Dealer cannot accept responsability for Goods until signed for these. The Dealer accepts no responsablility for Goods not received or damaged in transit.
In the case of abusive returns, the Dealer reserves the right to refuse any post Order.
Exception : Goods proposed under the heading « DEMO » will be sold according to their described state at the time of the Order and will not be accepted for return or exchange.
10° WARRANTY
The Buyer may benefit from the legal warranty that is about any faults exisiting at the time of delivery, if unknown by the Buyer when making the Order, and whether faults appear within 2 year counting from the delivery date. The Buyer may ask either for to replace the faulty Good, within the limits of available stocks, or to reduce the Price, or to cancel the the contract.
The Buyer must notify the Dealer within the 2 months, from the day he has noticed a fault.
The Buyer is in charge of any cost of return.
Any Good that, either, hasn’t been used for what normally is intended for, or is damaged and/or faulty because of the Buyer’s use, will not benefit from the legal warranty.
Any faulty Good that is known by the Buyer when making the Order, also will not benefit from the legal warranty.
The Dealer informs the Buyer not to be the manufacturer of the Goods. The Dealer will not be responsible for any damages or injuries that could be the consequences of a faulty Good. The manufacturer is only responsible and the manufacturer’s warranty applied.
11° PRIVACY
Confidential and personal data of the Buyer are collected by the Dealer through the use of the Website.
In completing the registration, the Buyer gives the Dealer data that will be used for monitoring the operation of the Website, processing orders, administration and future changes to the Website to improve the service provided, as well as marketing, advertising and promotional goals.
The Dealer will never share these data with third-parties without any prior consent of the Buyer.
The Buyer may object at any time.
The Buyer may modify its personal information, on the Website, by registering with own email address and password, going to « My Account ».
The Buyer must notify the Dealer, by phone on telephone number +32476513304 or by email to info@prostargolf.com, if he doesn’t want to be a member of the Website anymore.
11° LIABILITY AND ACT OF GOD
The information contained in the material in the Website is only for information goals. It does not constitute advice and the Buyer should not rely on to make any decision or take any action.
The Dealer will not be under any liability for, either, all damages and/or disadvantages linked to the use of the internet network, in particular a internet lost in service, any computer virus or other malicious or impaired computer programs, or any act of god. The Dealer makes no warranty that websites, linked to the Website, are safe and free from any viruses.
Any act of god will be defined as any act or uncontrollable circumstance, external to the Parties, inescapable, unpredictable, independent of the Parties’s will. Any act that cannot be prevented by the Parties.
The Dealer will be indemnify against all liabilities, claims and expenses that may arise from any breach of the Conditions, in the case of any unavailability of the Products, act of god, delivery disturbances or carrier’s strike, earthquake, lightning, storm, flood, fire, telecom means’s cut.
12° INTELLECTUAL PROPERTY
The Conditions govern the use of the Website.
The Buyer, therefore, reports being aware of the Conditions and accepts the Conditions, without any objections or claims.
The contents of the Website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any for or any means without written prior consent of the Dealer.
The Dealer owns the copyright of all contents of the Website, in particular texts, forms, illustrations and pictures. The copyright also may be licensed to the Dealer by the brands and trademarks.
The Buyer may print or download the contents of an individual page for private and personal non-commercial use only. This is only acceptable for one electronical copy of any of the contents.
13° TRADEMARK
The Website contains trademarks and logos, informing the Buyer that any use of the brand name and distincive own logo is exlusively reserved to the Dealer and brands owners. Any uses by the Buyer, without prior written consent of the Dealer or brand owner, may be punished by the law.
14° CONTACT
The Buyer may contact the Dealer, at any time, in order to get additional information of the Products or any details of the Order, by fill in the contact form available on the Website. The Buyer may also contact the Dealer by email to info@proshoplempereur.be.
15° SEVERABILITY AND INTEGRALITY
In the event that any term of the Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Conditions remain valid and enforceable.
16° EVIDENCE
All records and files, retain by the Dealer, will be considered as evidence of all communications, orders and payments made between the Parties.
17° VARIATION
The Dealer reserves the right to change the Conditions and post the new Conditions on the Website.
These new Conditions will govern all the activities on or through the Website.
18° CONFLICT
In the event of conflict or inconsistency between the Conditions of the French version of these Conditions and any translation in foreign language, the French version shall prevail.
19° GOVERNING LAW AND JURISDICTION
The use of the Website and the Conditions are subject to the laws of Belgium which shall exclusively govern their interpretation, application and effect.
In the event of a conflict, before any legal action, the Buyer is pleased to contact the Dealer in order to find a solution amicably. Otherwise, the courts of Belgium and, in particular, Nivelles, will govern.