General Sales Conditions

 

These sales conditions apply to all sales agreements between Airsoft Store and the customer. Deviations from these general sales conditions can only be made by a written document, signed by Airsoft Store and the customer. These general terms and conditions of sale completely exclude all general terms and conditions stated in documents from the customer, even if these documents are of a later date. Airsoft Store reserves the right to change the general terms and conditions at any time and / or supplement them for future orders without informing the customer personally and without the latter being able to claim any compensation.

 

2. Reservation and payment in the store

The customer has the possibility to reserve a product. The customer will be notified when the product can be picked up at the selected Airsoft Store store. The customer only decides whether the products are purchased or not, after inspection of the product and contact with a seller on site. In case of purchase, the customer pays at the cash desk of the Airsoft Store store. Only at that moment a sale - purchase agreement is concluded. For that reason, there is no distant sale and there is therefore no right of withdrawal (see point 9). The customer can only pay the full purchase price at the moment of collection at the Airsoft Store shop, any full or partial payment in advance or advance (also online) is excluded.

Airsoft Store reserves the right to refuse orders or reservations if:

• there is a serious suspicion of bad faith or intention to swindle;

• there has been repeated abuse of the right of withdrawal;

• there are suspicions of repeated (legal) abuse or fraud by a customer;

• incorrect, suspicious or incorrect customer data is provided;

• it is determined that a person repeatedly provides fictitious personal data;

• an abnormal quantity of an ordered quantity - possibly in different purchase orders - is determined that goes beyond a mere personal use;

• it can be assumed that orders were made for resale;

• there is a case of force majeure. The reserved products remain available to the customer 2 days from the day of the reservation in the Airsoft Store store. If the customer does not collect or pay for the reserved products, the reservation will automatically be canceled after these 2 days unless otherwise agreed in writing or via e-mail with the customer.

 

3. Delivery or collection of an order

 

To deliver

We use CPT incoterms, unless decided otherwhise by the seller.
Carriage Paid To - Freight free until
means that the seller pays the freight charge for transporting the goods to the said destination. The risk of loss of or damage to the goods, as well as that of any additional costs resulting from events that occur after the goods have been delivered to the carrier, transfers from the seller to the buyer from the moment the goods arrive at the first carrier have been transferred. If successive carriers are used for transport to the agreed destination, the risk passes when the goods have been delivered to the first carrier.
The term CPT obliges the seller to clear the goods only for export. The import is at buyers risk and expenses

The delivery to the customer - after receipt of the payment - is made at an address chosen by the customer in Belgium. The customer has 14 calendar days right of withdrawal (see point 8). In case the delivery of the ordered goods is postponed, Airsoft Store reserves the right to change the sales price. This sales price will be changed in case the purchase price, taxes, taxes or levies that Airsoft Store has to pay were changed between the date of acceptance of the order and the date of the planned delivery. Pay attention! This is an order with payment obligation.

 

pickup, fetch

 

When the customer orders an article from the webshop on airsoftstore.be and chooses to pick it up at an Airsoft Store store in Belgium (pickup @ store), it is ready in a Airsoft Store a few days later, depending on the stock shop in Belgium of your choice. The customer has 14 calendar days right of withdrawal (see point 10). Airsoft Store is entitled, in case the goods have not been picked up by the customer after two electronic messages or e-mails, at the latest within the period of 1 month, to cancel the order or to regard the agreement as dissolved. Pay attention! This is an order with payment obligation.

 

4. Price and available information (description/images)

Unless stated otherwise in the agreement, the prices include VAT, Recupel and other taxes at 21%. for web orders from other countries, the relevant VAT percentages are calculated and these are added to the invoice. The invoice amount is the correct price that must be paid before the sale can go ahead.

Unless otherwise stated in the agreement, prices include VAT, Recupel and other taxes. Additional mandatory delivery, order, or other administrative costs are not included and are listed separately. All prices are in Euro / €. All prices are based on Cash & Carry. Additional services (delivery, installation, financing, ...) are not included and products can only be delivered on payment of additional costs. Items purchased on the Airsoft Store web store are paid by the customer before delivery. No delivery or order will take place as long as the full purchase amount is not paid. The price, including any delivery costs, must therefore be paid in full before delivery. A "distance selling" contract is only concluded when an order has been handed over to the consumer or has been sent by e-mail to the e-mail address specified by the customer. Promotions and special offers are only valid as long as stocks last. For the consequences of misprints or printing errors in the prices or articles, deviations in images or interim changes in designs, Airsoft Store can not be held liable. Colors may differ due to production processes, if you want a true color image, we can send you a photo of the product you want. Send us an email to [email protected]. Airsoft Store reserves the right to adjust orders at the appropriate applicable price or cancel unilaterally if it appears that the price indications and / or the product descriptions of (a) product (s) and any combined options on the website pursuant to a technical or human deficiency would be erroneously indicated. The payment of the online orders can be done through various online payment methods. Airsoft Store accepts cash payment upon collection at the store, not at the time of delivery. The electronic and paper gift vouchers can be used, in accordance with their validity from the date of issue. If the amount of the order exceeds the amount of the gift card or gift voucher, the customer must pay the difference. If the amount of the order is less than the amount of your gift card or gift voucher, the customer will keep this balance in the form of a credit. 

 

5. Delivery conditions

We use CPT incoterms, unless decided otherwhise by the seller.
Carriage Paid To - Freight free until
means that the seller pays the freight charge for transporting the goods to the said destination. The risk of loss of or damage to the goods, as well as that of any additional costs resulting from events that occur after the goods have been delivered to the carrier, transfers from the seller to the buyer from the moment the goods arrive at the first carrier have been transferred. If successive carriers are used for transport to the agreed destination, the risk passes when the goods have been delivered to the first carrier.
The term CPT obliges the seller to clear the goods only for export. The import is at buyers risk and expenses

The method of delivery is indicated in a confirmation by e-mail to the customer. The ordered products are delivered in function of the available stock. The deliveries are made by various external partners, depending on the dimensions of the ordered product (s) and on the services chosen by the customer. Orders are delivered to the address specified by the customer at the time of his order. The driver or transporter can request proof of identity upon delivery. The customer signs for receipt of the delivery, by means of signing off a delivery note. Any visible defect to the product must be stated on the copy of the delivery note that you must send to Airsoft Store ([email protected]) within 2 days after delivery. If the customer is not present at the time of delivery of products with a small or medium size, the carrier will leave a message in the letter box, on which the local post office is mentioned, so that the customer, after showing the proof of identity, the product can pick up within 14 calendar days at the local post office. For products with large dimensions and for products for which installation is required, our specialized delivery partner will contact the customer in order to arrange a new delivery date. In case of re-sale due to the absence of the customer, Airsoft Store reserves the right to charge the costs caused by this. If a goods lift is required, a supplement of 100 € will be invoiced on delivery.

 

6. Delivery term

We use CPT incoterms, unless decided otherwhise by the seller.
Carriage Paid To - Freight free until
means that the seller pays the freight charge for transporting the goods to the said destination. The risk of loss of or damage to the goods, as well as that of any additional costs resulting from events that occur after the goods have been delivered to the carrier, transfers from the seller to the buyer from the moment the goods arrive at the first carrier have been transferred. If successive carriers are used for transport to the agreed destination, the risk passes when the goods have been delivered to the first carrier.
The term CPT obliges the seller to clear the goods only for export. The import is at buyers risk and expenses

The delivery periods do not constitute an essential element of the sales contract. Unless a different time for the delivery was agreed, for example in case of pre-order, order or not in stock, Airsoft Store delivers the products no later than 30 days after the conclusion of the agreement. In case Airsoft Store can not comply with this term, an additional term, which is appropriate in the circumstances, is agreed with the customer.

 

7. Pick up in store

 

Pick-up products are delivered to the customer-chosen Airsoft Store store as a pick-up point. The customer accepts that he needs to present his identity card or passport. Airsoft Store reserves the right to provide the goods only on presentation of a valid identity card or passport, accompanied if necessary by a signed and original authorization from the person in whose name the order was made. In principle, it is the identity card of the natural person who has placed the order to be presented or of the legal representative in case of an order made by a legal person. The products remain available for 14 calendar days, after which the order is canceled. In order to prevent payment fraud and to discover this in the event of a judicial investigation, Airsoft Store is entitled to take a copy of the identity card or identity card.

 

8. Transfer of ownership

We use CPT incoterms, unless decided otherwhise by the seller.
Carriage Paid To - Freight free until
means that the seller pays the freight charge for transporting the goods to the said destination. The risk of loss of or damage to the goods, as well as that of any additional costs resulting from events that occur after the goods have been delivered to the carrier, transfers from the seller to the buyer from the moment the goods arrive at the first carrier have been transferred. If successive carriers are used for transport to the agreed destination, the risk passes when the goods have been delivered to the first carrier.
The term CPT obliges the seller to clear the goods only for export. The import is at buyers risk and expenses

The ownership of the delivered goods passes from Airsoft Store to the customer after receipt or delivery of the goods to the customer and after full payment of the price. Contrary to Article 1583 of the Civil Code, the goods sold, delivered or installed remain the exclusive property of Airsoft Store until full payment of the invoice. As long as the sales price has not been paid, the customer is not allowed to pledge the goods or to offer them in any way whatsoever or to use them as security. The customer is expressly prohibited from making changes to these goods, making these goods real by incorporation or destination, selling them or having them in any way whatsoever. As long as Airsoft Store, according to the provisions of this clause, has the ownership right over the delivered goods, the customer remains liable for keeping these goods in good condition. During this period, only the customer will be liable for any loss of or damage to the goods. The customer undertakes to insure the goods for all risks. The customer also undertakes to arrange the storage of the goods in such a way that any confusion with other goods is excluded at all times and can always be recognized as being the property of Airsoft Store. Any payment by the customer will first be deducted from the outstanding amounts due for goods that were modified or sold by the customer in violation of this article.

 

9 a. Right of withdrawal / right to cancel (only valid on online orders, not on purchases in physical stores) (not for companies / legal entities)

The customer has the right to inform Airsoft Store to renounce the purchase, without penalty and without giving reasons, within 14 calendar days from the day following the day of the sales contract. The end of the contract can only be reached if NO action has been taken by the seller (any action related to this order). If an action has already been taken by the seller, the only applicable legal action is "Right of return/withdrawal".

Right of withdrawal

The customer has the right to inform Airsoft Store to cancel the purchase (online purchases only), without payment of a fine and without stating a reason within 14 calendar days from the day following the delivery of the item. Refunding the order can only happen when the goods are back in the possession of the Airsoft Store (goods returned to an Airsoft Store point)

The right of withdrawal does not apply to legal entities or to products purchased by a natural person for professional use (online & offline). To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement. The burden of proof regarding the exercise of the right of withdrawal lies with the customer.

Packages may only be opened if the product is not visible without opening it.

Not everything must be visible, the inside of a product is not a requirement. Example here is a grip or gearbox.

Products whose specifications, features and nature are completely clear from the information on the packaging may not be opened. Make, type, nature, model and color are the characteristics that are required.

The customer is liable for the depreciation. If the depreciation of the products is more than 15%, they are not covered by the right of withdrawal. The criteria for depreciation are resaleability in new or good condition.

Checking the operation and if it does not work does not fall under the right of withdrawal but under non-conformity and this only when a product has a standalone function. So not being compatible with other brands does not means it is not conform.

Operational checking is ONLY permitted if the product is not to be installed in a replica that would result in damage. For example, paint missing and scratches are damaged goods and are not covered by the right of withdrawal. That is why Airsoft Store has a technical service to have this carried out. You do pay for this, but if an item is not compatible with another, the customer will be communicated to adjust it if necessary. The purchase costs for the initial product will be waived, only the installed product will be charged.

The right of withdrawal only applies to products to which the accessories, instructions for use, invoice and proof of purchase are included.

Products that would not be in this condition upon receipt by Airsoft Store will remain available to the customer. The period of availability is 1 month, after which Airsoft Store becomes the owner of the product. In the event of exercising the right of withdrawal, the customer will return or return the products to Airsoft Store by all means and at his own risk and expense. Shipments “postage paid by the recipient” and “cash on delivery” will be refused.

Purchases that are returned and the purchase amount falls under the applicable "free shipping" rule will still be charged according to the applicable shipping rates. For large-sized products, Airsoft Store can collect the products at the customer's express request. To this end, the amount of EUR 50 transport costs will be invoiced to the customer. The customer can also deliver the product to the reception of an Airsoft Store store, without any costs.

The right of withdrawal does not apply to the following items:

• Installed, damaged or incomplete items;

• Articles that have a clearly personal character;

• Delivery of products that spoil quickly or have a limited shelf life;

• Items that are sealed. When product packaging has indication of being tempered with to open when seal is/has been present on this product 

• Products not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;

• Items that can no longer be returned due to their nature;

The customer, or the non-carrier party designated by the customer, must notify the customer within 14 calendar days from the day following the day of delivery or physical possession of the product, either by registered letter, e-mail ([email protected]) to exercise his right of withdrawal and provided that the customer returns the products, within 14 calendar days from the day of exercising the right of withdrawal or the statement. The customer can also deliver the product to the reception of an Airsoft Store store, without any costs. In the event of multiple deliveries for one order, the 14-day withdrawal period starts from the physical possession of the last good. In the case of multiple deliveries for one order of one product, the 14-day withdrawal period starts from the physical possession of the last part of that one product.

Airsoft Store reserves the right to withhold reimbursement until the product(s) have been received or the customer has provided proof that all products have been returned. In that case, Airsoft Store only accepts proof of registered mail via the shipping company and a photo of the product and a photo of the postal package. The customer will spontaneously provide the package number upon request so that this can be checked via the shipping company. Subsequently, within a period of 14 calendar days after receipt of the products, as described above, the balance will be refunded (minus depreciation as well as shipping costs if the original purchase fell within the free shipping rule and after the return the subtotal falls below the amount of "free shipping " fall.

No cash payment is made at the cash register, the refund is made to the same payment method as the original payment, Airsoft Store reserves the right at all times to deduct the amount of the depreciation of the product for which the customer is liable. of the purchase price to be repaid.

Additional costs related to delivery, if the customer has expressly agreed to a different method of delivery than the cheapest standard delivery offered by Airsoft Store, will not be refunded. If Airsoft Store suspects that this will happen in bad faith (large orders, etc.), Airsoft Store will request an advance payment that is not refundable by the customer when invoking his right of withdrawal.

For returns, the original product packaging may NOT be used as a shipping box, otherwise an administrative fee of €10 will be charged.

 

9b Order not received or not yet.

It is always possible that an order has not yet arrived at its destination. Please be patient in this case, sometimes there are busy days with the shipping companies and they may be a little delayed

On the other hand, it is possible that a package is lost, in which case the track and trace code will be viewed (if it has been delivered or not).

When the track and trace status is as delivered, it may have been delivered somewhere else due to circumstances (may be with the neighbors or at a collection point). If this is not the case, feel free to contact us.

We will then contact the shipping company and they will start an investigation into this.

You will also receive an email with a document to complete. This is an honorable, and legally binding, statement of non-receipt of the package. A false statement immediately gives rise to legal prosecution.

The decision will only be communicated to us upon completion of the investigation.

Please note that in some cases this can take up to months after starting the investigation before it is completed. If it has been completed and the investigation shows that the package has been lost, the shipping company will address the insurance. They then proceed to release the value of this package. Once this has been confirmed and has been effectively paid to us, only then will the package be refunded. Not before.

We monitor everything, but do not send an email to the customer every week if there is no news about this yet. As soon as more news is received, we will communicate this to you.

Since this can take several months before this is completed, it can lead to frustrations for the customer. We fully understand this, but follow the procedure as it should be.

Packages are expected to be delivered within 2 weeks within Europe. If you have certainly not received this after three weeks, please notify us as soon as possible.

It is advisable, if you notice that the tracking code has not been updated for approximately 5 days, to contact us as soon as possible for an investigation.

We can submit an inquiry to the shipping company no later than 30 days after shipment.

After 30 days it is deemed to have been delivered and nothing can be done about it.

10. Right to dissolve

 

In case of insolvency of the customer or in case of outstanding debts, even in the framework of previous agreements between the customer and Airsoft Store, Airsoft Store is entitled to suspend the execution of its obligations until full payment by the customer of all outstanding debts to Airsoft Store. In the event that no payment has been made by the customer within 7 calendar days after the due date of any invoice, Airsoft Store is entitled, by operation of law and without prior notice, to regard the agreement as dissolved, while retaining its right to claim interest and / or compensation.

 

11. Claims

 

Upon purchase by the customer of demonstration products / showroom models, the customer will be presented with a document for signature, in which he declares to have knowledge of the visible damage or visible defects of such products to be indicated on that document. Such document shall also be signed by a representative of Airsoft Store, and shall on account of the customer imply a waiver of his right to still address Airsoft Store or its carrier on the basis of the visible damage or defects thus established. The above stipulation does not affect the legal warranty rights of the customer, as described in article 12.

 

12. Warranty

12.1. Airsoft Store offers a 24 month warranty, for defects in conformity, in no case on wear parts and only when it has been regularly maintained by our service department. The warranty period commences on the date specified in Article 12.2. mentioned date. This guarantee includes the repair or sending of the good to the relevant supplier or manufacturer. The exchange of the good can only take place if this good was sent to the relevant supplier or manufacturer and it was declared non-repairable or if it would take more than three months. If irreparable, the defective good can be replaced, without costs for the customer. If, however, it turns out that the repair or replacement is not possible, would be disproportionate for Airsoft Store or would cause serious inconvenience to the customer, then Airsoft Store undertakes, at the request of the customer, to offer the customer an appropriate price reduction. or, as the case may be, to dissolve the contract and refund the price (after the appropriate price reduction), subject to return of the good by the customer. After receipt of delivery, all claims for lack of conformity must be made in writing within one week following the day of receipt of the relevant good, under penalty of forfeiture of the right to make such claim. 12.2 Only the invoice, the receipt or the purchase receipt are valid as proof of warranty for the customer with regard to Airsoft Store. In the absence of these proofs of purchase, unfortunately no guarantee can be given here. A proof of payment is not a valid proof of purchase, as it does not contain any products. The documents must be kept and presented by the customer in their original version. The warranty period starts on the date stated on these documents. If the delivery to the customer has taken place before the invoice date, the date of delivery as stated on the delivery document applies. 12.3 This warranty does not apply to parts or accessories if the defect is the result of misuse, external causes, ordinary maintenance or normal wear and tear. 12.4 This guarantee will not apply in the following cases (the list below is not limitative): in case a third party, who was not lawfully authorized by Airsoft Store, has intervened or treated the goods; in case of damage caused by fire, water (flood) or lightning, accident, natural disaster, environmental influences; in case of damage caused by misuse, poor maintenance, abnormal use or any other use that is not in accordance with the instructions of the manufacturer or the seller; in case of damage resulting from or due to a commercial, professional or collective use of the product. Each Airsoft replica must be serviced every 3 months or after 100 operating hours (if these hours have been reached within a period of three months) by either the Airsoft Store technical department or an authorized dealer who can issue a maintenance receipt (with a detailed description of the maintenance and the products used) to remain within the warranty conditions until the legal warranty has expired. 12.5. The defective goods must be completely empty upon return. At the express request of the customer and insofar as possible, the objects blocked in the defective goods will be returned to the customer, insofar as they were stated on the repair note at the time of the return or delivery of the repaired or replaced goods. Airsoft Store is in no way liable for the condition in which the blocked items will be returned to the customer. In the event of damage, theft or loss of the goods returned for repair, the possible liability of Airsoft Store towards the customer is in any case limited to the sales price of the goods less the damage determined by Airsoft Store. If specific spare parts or accessories, necessary for the repair of the goods, are no longer available from the manufacturer, Airsoft Store is not liable for the (partial or complete) loss of the usability of the goods, without prejudice to the other provisions of art.12 , more in particular art. 12.1.

When electronic devices are repaired, it is possible that the data stored in them or by them may be damaged or lost. Only the customer is responsible and liable for the storage of the aforementioned data or for reinstalling it, with the exclusion of any liability of Airsoft Store in this regard. Airsoft Store has no liability whatsoever for the loss or reproduction of the data stored in or by such electronic devices. The warranty period for expo/second-hand models as well as for professional customers is 12 months.

The (commercial and/or legal) guarantee never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless the Customer proves otherwise. The consumer must provide proof that the defect already existed at the time of delivery/purchase up to a period of six months after purchase/delivery. After six months, proof must be provided from the customer that it is a factory defect. Regular maintenance of the product by our services (if applicable, such as for example with replicas), can help you to provide the necessary evidence.

 

13. Internet risks

 

The customer is aware of the limitations and risks of using the internet or any other medium with which the website is made available now and in the future. The customer is also aware of the risks of storing and transferring information electronically or electronically. The customer accepts that Airsoft Store is not liable for any damage, through the use of the website of Airsoft Store or internet, as a result of the aforementioned risks. The customer accepts that electronic communication and backups can serve as proof.

 

14a. Requests for the recovery of VAT paid

 

All requests for recovery or recovery of VAT paid on purchased goods, by non-EU residents or diplomats, as well as review of the legal conditions for reimbursement, should exclusively be directed to external specialized partners designated by Airsoft Store. The customer agrees to comply with the applicable general terms and conditions of these partners. More information about these partners on simple request.

 

14b. VAT for companies

The VAT to be paid depends on the delivery address. If the delivery address is in Belgium, you must pay the Belgian VAT, even if your VAT number is from another country. When the delivery address is in another country, the VAT is shifted.

This is only calculated on the website when the delivery address is entered.

Your VAT Number is checked by the EC, and your delivery address must be the official address as known to the European Commission.

 

15. General provisions - competent courts

 

15.1. If one of the articles of these general terms and conditions were invalid or void or would be declared void by a competent court, this will not affect the validity of the other articles of these general terms and conditions, which then remain fully applicable. If one of the articles of these general terms and conditions were invalid or void or were declared void by a competent court, the parties shall replace this article by a valid article that corresponds as closely as possible to the initial intention of the parties. 15.2. All agreements concluded between Airsoft Store and its customers and these general terms and conditions are exclusively governed by Belgian law. Any dispute regarding the existence, performance and / or interpretation of these general terms and conditions and all agreements between Airsoft Store and its customers fall under the exclusive jurisdiction of the Court of Bruges.

 

16. Intellectual Property

 

All texts, comments, magazines and illustrations and images displayed on the website are protected by copyright and neighboring rights, as well as by any intellectual property law and this for the entire world. Any partial or entire reproduction of the website or the catalog of Airsoft Store is strictly prohibited.

 

17. Any complaints or disputes

 

For any complaints and disputes, the customer can contact the Consumer Service of Airsoft Store: Airsoft Store Consumer Service Email:

For Ghent : [email protected] Phone +32 (0)472 64 37 38

Tuesday to Saturday from 10 am - 12.30 pm & 1 pm - 6 pm.

For Oostkamp : [email protected] Phone: +32 (0)50 69 46 68

Tuesday to Saturday from 10 am - 12.30 pm & 1 pm - 6 pm.

 

18. Product Checking.

Checking received order when bought online and/or checking products when purchasing in the physical store
The inspection of the received goods for visible damage and their functioning must take place within 2 calendar days and, if not in accordance, be reported within those 2 calendar days. Afterwards, it is automatically assumed that the goods have arrived/received in good condition and function properly. The first use and testing of a product can already leave a trace of use, so that it is no longer in new condition. (A short example from another industry is, for example, buying a car, using the brakes for the first time, already leaves traces of use and can no longer be recovered from the seller with regard to not being new)

When a package arrives at the customer, the customer must check for any damage to the package and take a photo of it. This must be done upon receipt.
All corners of the packaging must be photographed. These are then checked by the airsoft store for our video files from the moment of packing.
All orders are prepared by Airsoft Store and the entire process of packing all products is carefully recorded in a video file stating the order number. This is to be able to substantiate claims of not received or incomplete products.
Should there be a product in the order that the customer sees as incomplete, a video surveillance investigation will be made. Original packaging is opened by airsoft store employees to check if all parts are included that should be there.

19. Incoterms 2020 (FCA used when shipping cost is mentioned on invoice, CPT used when shipping cost is 0 due to free shipping )

 

incoterms 2020

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Only the dutch version of this text is applicable when a dispute accures