Terms and conditions
Https://thurso-hockey.com is published by Thurso Sport SPRL, limited company under Belgian law, with registered offices at Avenue Den Doorn 5/1 – Brussels – 1180 Belgium, registered with the Belgian Official Journal under the Crossroads Bank for Enterprises 0662502080 and intra-community VAT number BE 0662 502 080 (hereinafter “Thurso Sport SPRL”).
1. SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The general terms and conditions of sales (the “T&C”) detailed below govern all the sales of products and services (the “Products”) to any private person (“the Customer”) as offered by Thurso Sport SPRL through its Website.
The Customer is required to read these T&C carefully before placing any order (the “Order”), as these T&C are available on the Website.
Thurso Sport SPRL reserves the right to modify the present T&C at any time. The version of the T&C as published online on the website https://thurso-hockey.com at the time of the placement of the order, governs that order. In consequence, placing an Order entails the Customer’s full and unreserved adherence to these T&C. The Customer confirms this adherence by clicking the button “I have read and accept the general terms and conditions of sale”.
2. INFORMATION ABOUT THE WEBSITE AND ACCESSIBILITY OF THE WEBSITE
Https://thurso-hockey.com is an online commerce website owned and managed by Thurso Sport SPRL.
The Website is accessible to all internet users at all times, in principle 24/7, except in case of scheduled or unscheduled downtime by Thurso Sport SPRL or its service providers in case of maintenance, security and/or force majeure (as defined below). Thurso Sport SPRL cannot be held liable for any damages, of any nature, resulting from the Website’s downtime.
Thurso Sport SPRL does not guarantee that the Website will be free of anomalies, errors or bugs, or that the Website will operate without outage or downtime. In this regard, it can freely determine, at its full discretion, any downtime period for the Website or its contents. Thurso Sport SPRL cannot be held liable for data transmission problems, connection problems or network outage.
Thurso Sport SPRL reserves the right to let the Website evolve for technical or commercial purposes. When these modifications do not substantially and negatively alter the conditions of provision of services, the Customer may be informed of the applied modifications, but his consent is not required.
The Products offered for sale are those described on the Website on the day of its consultation by the Customer, within the limits of the available stock. However, any updating error, of any origin whatsoever, does not expose Thurso Sport SPRL to any liability. In this regard, Thurso Sport SPRL cannot be held liable for the cancellation of an Order for a Product for reasons of stock depletion.
Thurso Sport SPRL applies the highest standards with regard to presentation and description of its Products to inform the Customer as best as it can. It is however possible that errors are published on the Website, which is recognised and accepted by the Customer.
Thurso Sport SPRL does not guarantee either the precision or the security of the information transmitted or obtained by way of its Website.
It is possible that a Customer receives a product previously returned by another person when he places an Order. It is noted that Thurso Sport SPRL only accepts returns of intact and unused Products, these two conditions being checked before the returned Products are reintegrated into the stock.
Placing an Order on the Website is subjected to the procedure established on the Website by Thurso Sport SPRL, comprising of the successive steps leading to the validation of the Order.
The Customer can select as many Products as he wishes, which will be placed in the shopping basket (the “Basket”). The Basket contains all the Products chosen by the Customer as well as their prices and related costs. The Customer can freely modify the Basket before validating his Order. The validation of the Order affirms the Customer’s acceptance of the T&C, the ordered products, their price and the related costs.
Thurso Sport SPRL will send a confirmation e-mail summarising the Order (Product(s), price, availability of the Product(s), quantity, …) to the Customer. For these purposes, the Customer formally accepts the use of e-mail for the confirmation of the contents of his Order by Thurso Sport SPRL. All invoices can be obtained on demand.
When ordering, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In case of any error in the recipient’s coordinates, Thurso Sport SPRL cannot be held liable for the impossibility to deliver its Products.
When placing an order on the Website, the Customer declares and guarantees Thurso Sport SPRL that he is over the age of majority and has the legal capacity to contract.
Thurso Sport SPRL can delete the Customer’s account at any time, for any reason, at its sole discretion.
5. REFUSAL TO PROCESS AN ORDER
Thurso Sport SPRL reserves the right to remove any Product displayed on the Website at any time and to replace or modify any content or information appearing on the Website. Despite Thurso Sport SPRL’s best efforts to meet the expectations of its customers, it may be necessary for Thurso Sport SPRL to refuse to process an Order after having sent the confirmation e-mail summarising the Order to the Customer.
Thurso Sport SPRL cannot be held liable to the Customer or any third party for any harmful consequences of the removal of a Product from the Website, or for the replacement or modification of any content or information on this Website, or the refusal to process an Order after the sending of the confirmation e-mail summarising the Order.
Thurso Sport SPRL also reserves the right to refuse or cancel an Order from a customer with whom it is engaged in a legal dispute over the payment of a previous order.
6. PRICES AND PAYMENT METHODS
The prices of the products are indicated on the Site in euros including VAT but excluding customs duties and other taxes. Customs fees and other taxes must be paid by the Client directly to the carrier.
All prices shown are calculated and include the value added tax (VAT) applicable in Belgium or the one applicable in the country of delivery located in the European Union.
Thurso Sport SPRL reserves the right to modify its prices at any time. However, the Products will be invoiced based on the prices in effect at the time of validation and payment of the Order, subject to availability.
Products are payable immediately at the time of the placement of the Order.
Payment for purchases is made either via PayPal or via the secure platform of our payment service provider STRIPE.
PayPal (Europe) S.à.r.l. et Cie is a Luxembourg limited partnership with shares, registered with the Luxembourg R.C.S. under number B118349, whose registered office is located at 22-24, Boulevard Royal – L-2449 Luxembourg. For any further information, the Customer can visit the following website: https://www.paypal.com.
Stripe Payments Europe Ltd is a company registered in Dublin (Ireland) under number 513174, whose registered office is located at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. For any further information, the Customer can visit the following website: https://www.stripe.com.
The Customer explicitly acknowledges that the communication of his bank card number to Thurso Sport SPRL constitutes his authorisation to debit his Account up to the price of the Products ordered. If need be, a notification of cancellation of the Order for non-payment is sent to the Customer by Thurso Sport SPRL to the e-mail address provided by the Customer at the time of his subscription to the Website.
The data recorded and stored by Thurso Sport SPRL constitute proof of the Order and of all past sales. The data recorded by PayPal or STRIPE constitute proof of any financial transaction between the Client and Thurso Sport SPRL.
Deliveries are ensured by BPost’s services, from Monday to Saturday, depending on the option chosen by the Customer when validating his Order.
Delivery refers to the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery charges applicable to the Order are those mentioned on the Website at the time of the Order.
When Thurso Sport SPRL takes charge of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is entrusted with the transport by the Customer and not by Thurso Sport SPRL.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, a natural person of his choice or a legal entity (delivery to his company). Delivery cannot be made to hotels or post office boxes.
In the event that it is impossible to carry out the Delivery, due to an incorrect delivery address or the Customer’s failure to collect his Order from the selected collection point or from BPost, a reshipment will be executed at the Customer’s expense.
Thurso Sport SPRL delivers the Orders within a maximum period of twelve (12) working days in principle for a Delivery in Belgium and twenty (20) working days for an international Delivery, this period being counted from the first working day after the Order is validated. Deliveries of customized and personalized products may however exceed a delivery time of thirty (30) days. Please note that Thurso Sport SPRL only delivers the Products to the following countries: Belgium, France, Switzerland, Spain, Germany, Ireland, Italy, Luxembourg, Netherlands, United Kingdom, United States. The day after a collection is put online and from November 1 to December 31, the delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.
For these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
Thurso Sport SPRL cannot be held responsible for any delay in delivery that is not due to its fault or justified by a case of force majeure (as defined below).
In the event that the delivery time is exceeded, the Customer may request cancellation of the sale and obtain a refund of the sums paid in connection with the Order within a maximum period of fourteen (14) days of his request thereto. Notwithstanding the foregoing, Thurso Sport SPRL shall not be held liable for any harmful consequences resulting from a delay in delivery, only the reimbursement of the Product by Thurso Sport SPRL being possible to the exclusion of any other form of compensation.
Deliveries can also be made at a Relay Point by the BPost service provider, subject to acceptance of the package by the selected Relay Point.
8. RIGHT OF WITHDRAWAL – REFUNDS AND RETURNS
8.1. Time limits and modalities for exercising the right of withdrawal
The non-professional Client has a period of fourteen (14) days as from the receipt of the Order to exercise his right of withdrawal with Thurso Sport SPRL without having to motivate his decision. This is with the exception of custom-made products, for which – once ordered – there is no possibility of return or refund.
The right of withdrawal may be exercised by using and sending the standard withdrawal form attached to the General Terms and Conditions of Sale, by regular mail, to the following address: Thurso Sport SPRL – Service retours – Avenue Albert 1er, 146 – 1332 GENVAL, Belgium, or by e-mail to firstname.lastname@example.org.
8.2. Modalities for returning the Order as part of the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the prepaid return form provided by Thurso Sport SPRL, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw from the Order. Beyond this fourteen (14) day period, the sale is final and binding.
The Product must be returned in its original packaging, in its original condition, new, unused, unwashed. To return a product, the Customer must follow the procedure indicated on the return form received with his Order.
The return of the Products is at the Customer’s expenses and risks.
8.3. Modalities for returning the Order as part of the right of withdrawal
Thurso Sport SPRL shall refund the Order within fourteen (14) days at the latest from the date on which it is informed of the Customer’s decision to withdraw.
However, the refund is subject to Thurso Sport SPRL having been able to recover the Products that are the subject of the return and the refund request.
Thurso Sport SPRL shall refund using the same method of payment as that used for the payment of the Order, unless the Customer expressly agrees to the use of another means of payment and insofar as the refund does not entail any costs for the consumer.
The refund of an order paid with an e-card, a gift card or a voucher, will be automatically refunded as a voucher.
If the Customer fails to comply with these T&C, Thurso Sport SPRL will not proceed with the refund of the Products concerned. In all cases, Thurso Sport SPRL shall bear the return costs if the Product delivered to the Customer is different from the Product ordered or if it is delivered in damaged condition.
9. WARRANTIES – LIMITATION OF LIABILITY
Thurso Sport SPRL’s liability for any Product purchased on the Site is strictly limited to the purchase price of the Product. Thurso Sport SPRL shall in no event whatsoever be liable for any subsequent losses, regardless of their origin:
– loss of income or sales
– operating loss
– loss of profits or contracts
– loss of expected savings
– loss of data
– loss of work or management time
– damages to image
– loss of opportunity, including the opportunity to order a Product,
– moral damage.
The documents, descriptions and information relating to the Products appearing on the Website are not covered by any guarantee, either explicit or implicit, with the exception of the guarantees provided by law.
Thurso Sport SPRL does not provide any warranty regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or interfere with its proper functioning, including any transmission resulting from a download of any content made by the Customer, the software used by the Customer to download the content, the Site or the server that provides access to it. In this respect, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer equipment and any other device to protect him from any bugs, viruses or other programming routine of this nature that may prove harmful.
The Customer acknowledges that he assumes all risks associated with any content downloaded or otherwise obtained through the use of the Website and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the download of such content.
Thurso Sport SPRL is only obliged to deliver Products that comply with the contractual provisions. The Products are considered to be in compliance with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics set out on the Website; (ii) they must be adapted to the purposes for which such products are generally designed; (iii) they must meet the quality and strength criteria that are generally accepted for products of the same type and that can reasonably be expected.
In addition, Thurso Sport SPRL guarantees consumers against defects in conformity and hidden defects in the Products sold on the Site under the following conditions:
Apparent defect – Warranty – Legal compliance – Hidden defects
The presence of an apparent defect on a Product must give rise to a complaint by e-mail (email@example.com).
The Customer must comply with the procedure relating to the right of withdrawal by informing Thurso Sport SPRL in advance by any means of this apparent defect, so that the return can be accepted.
Subject to the validation of a non-conformity or a hidden defect by Thurso Sport SPRL or the manufacturer as the case may be, the Customer has the following guarantees:
Thurso Sport SPRL, whose registered office is located at Avenue Den Doorn 5/1 – Brussels – 1180 Belgium, acts as guarantor within the meaning of the provisions of the [Belgian] Consumer Code and the [Belgian] Civil Code.
Thus the Client:
– has a period of two (2) years as from the delivery of the Product to act in case of lack of conformity of the Product,
– is exempted from providing proof of the existence of the lack of conformity of the goods during the six (6) months following the delivery of the Product,
– may choose the repair or replacement of the Product, subject to the cost conditions provided for by the [Belgian] Consumer Code.
The legal warranty of conformity applies independently of the commercial warranty described below.
In addition, the Customer may also implement the legal guarantee for hidden defects of the item sold, within the meaning of the Civil Code. The legal guarantee for hidden defects allows the Customer, within two years of the discovery of the defect, the refund of a Product that has proved unsuitable for its use.
The hidden defect guarantee allows the Customer to be protected against hidden defects in the purchased Product that prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has two options: keep the Product and request a price reduction, or return the Product and request a refund of the price paid.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unused, unwashed, with the references of the initial Order and a copy of the complaint to Thurso Sport SPRL’s registered office, after sending an e-mail stating the reason for the return of the Product.
In the case of an event of force majeure preventing the execution of these General Terms and Conditions, Thurso Sport SPRL shall inform the Client within fifteen (15) days of the occurrence of such event, by e-mail or by registered letter with acknowledgement of receipt. Are explicitly considered as cases of force majeure or fortuitous events, in addition to those usually retained by the case law of Belgian courts and tribunals: total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, extreme weather conditions, epidemics, blocking of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in marketing forms, computer failure, telecommunications blockage, including wired or wireless telecommunications networks, and any other case beyond the control of the parties that prevents the normal execution of the contractual relationship. All the obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts for more than three (3) months, the transaction concerned may be terminated at the request of Thurso Sport SPRL or the Client without compensation from either party. The Client’s failure to pay cannot be justified by a case of force majeure.
10. PARTIAL INVALIDITY
If one or more provisions of these T&C are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
11. NON-WAIVER AGREEMENT
No tolerance, inaction or inertia of Thurso Sport SPRL shall be construed as a waiver of its rights under the terms of the T&C.
12. MEDIATION – APPLICABLE LAW – COMPETENT JURISDICTION
The sale of the Products is subject to Belgian law.
In the event of a complaint that is not resolved amicably, the Customer may contact the dispute resolution platform provided online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
In the absence of amicable resolution, any dispute relating to the interpretation of the T&C, the execution or termination of a sale, the interpretation, execution or termination of the present T&C shall be submitted to the legally competent courts.
All questions can be addressed to: firstname.lastname@example.org.
ANNEX 1: SAMPLE WITHDRAWAL FORM
(Complete and return this form and the order number only if you wish to withdraw from the contract. We recommend that you also specify your order number.)
To: Thurso Sport SPRL – Service retours – Avenue Albert 1er, 146 – 1332 GENVAL, Belgium, or by e-mail to email@example.com.
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Ordered on ……………… (order date) and/or received on ……………….. (delivery date)
Customer signature (only if this form is notified on paper)
For all information, you can contact the Customer Service at firstname.lastname@example.org or by telephone at + 32 2 657 90 70.
It is recalled that the confidentiality of correspondence is not guaranteed on the Internet and that it is the responsibility of each Internet user to take all appropriate measures to protect his own data and/or software from the contamination of any viruses circulating on the Internet.
Thurso Sport SPRL, limited company under Belgian law, with registered offices at Avenue Den Doorn 5/1 – Brussels – 1180 Belgium, registered with the Belgian Official Journal under the Crossroads Bank for Enterprises 662502080 and intra-community VAT number BE 0662 502 080 (hereinafter “Thurso Sport SPRL”).
The publishing director is Anthony Delhauteur, legal representative for Thurso Sport SPRL.
III. DESIGN AND REALISATION