Terms and Conditions

Company Details

Name
Sankta BV

Shop Adres
Paalstraat 87
2900 Schoten
Belgium

Registered Office
Paalstraat 87
2900 Schoten
België

E-mail
[email protected]

Company number
0772849280

VAT-number
BE0772849280

Social Name
Sankta BV
Paalstraat 87
2900 Schoten
RPR Antwerp,  department Antwerp

Article 1: General provisions

The e-commerce website of Sankta BV, a BV with registered office at Paalstraat 87, 2900 Schoten, Belgium with VAT BE 0772849280 and RPR Antwerp with Antwerp department, offers its customers the opportunity to purchase the products from its webshop online.

These General Terms and Conditions ("Terms") apply to any order placed by a visitor to this e-commerce website ("Customer"). When placing an order via the Sankta BV web shop, the Customer must expressly accept these Conditions, thereby agreeing to the applicability of these Conditions, to the exclusion of all other conditions. Additional terms and conditions of the Customer are excluded, unless they have been expressly accepted in advance, in writing and by the director Thomas Gabriel and Lawrens Hales.

Article 2: Price

All prices stated are expressed in EURO, always including VAT and all other duties or taxes required by the Customer.

If delivery, reservation or administrative costs are charged, this will be stated separately.

The price statement refers exclusively to the articles as described verbatim. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price.

Sometimes human errors also happen. If our price deviates too much from the actual target price, it is such a human error. In such a case, your order will be cancelled, even if you have already received an automatic confirmation email. You can then still decide to buy the item at the correct price. If you have not ordered the item again after a week, we will assume that you prefer not to purchase it.

Article 3: Offer

Despite the fact that the online catalog and the e-commerce website have been compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer are not binding on Sankta BV. Sankta BV is only bound to an obligation of means with regard to the correctness and completeness of the information provided. Sankta BV is in no way liable in the event of manifest material errors, typesetting or printing errors.

If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we request that the Customer contact our customer service in advance.

The offer is valid as long as stocks last and can be adjusted or withdrawn by Sankta BV at any time. Sankta BV cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

Article 4: Online purchases

The Customer can place items in his shopping cart provided for this purpose via the webshop. The products contained herein in no way constitute a commitment by the Customer to purchase them. When the Customer clicks on the shopping cart, you can proceed via the “Order” button to the order overview screen.

This screen provides an overview of the products that the Customer has placed in his shopping cart, as well as other information that Sankta BV deemed relevant to the Customer at that time. Here the customer can have the shipping costs calculated or continue to the checkout screen.

In the checkout screen, the Customer enters his correct billing information, chooses the shipping method and indicates the desired method of payment. Here the Customer can fully check his order, including all charged and stated costs. If the Customer agrees with the information stated, he can place his order after accepting the general terms and conditions via the "buy" button provided for this purpose. After this, the customer may or may not be redirected to the screen of his chosen payment method.

The Customer has the choice between the following payment methods via the payment provider Mollie B.V.

• by credit card
• by debit card
• by transfer
• by Paypal

Sankta BV is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved.

Article 5: Delivery and execution of the agreement

Sankta BV will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the Customer has made known to the company.

With the exception of advance payments on products, so-called pre-orders, Sankta BV will execute accepted orders expeditiously but at the latest within 30 days, unless the Customer has agreed to a longer delivery period.

If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the Customer has the right to dissolve the agreement without costs. The Customer is not entitled to compensation.

All delivery times are indicative. The Customer cannot derive any rights from any stated terms. Exceeding a term does not entitle the Customer to compensation.

In the event of dissolution of the agreement in accordance with the conditions included in the general terms and conditions, Sankta BV will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product proves to be impossible, Sankta BV will make every effort to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item can be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment for such a replacement product are at the expense of Sankta BV.

The risk of damage and/or loss of products rests with Sankta BV until the moment of delivery to the Customer or a representative designated in advance and made known to Sankta BV, unless expressly agreed otherwise.

In the case of pre-orders, the delivery procedure and term may deviate in accordance with the rules included in Article 17 in the general terms and conditions of Sankta BV.

Products ordered on the online webshop can be delivered worldwide.

Delivery is made by some of the courier companies registered in Belgium. Costs depend on the Customer's country, as well as the courier service used. The exact cost related to the delivery method will be calculated at the checkout of the order. If these are borne by the Customer, they will always be communicated before the order is placed. An indication of the shipping costs can be found on the website of Sankta BV under the heading “Shipping & Returns”.

The duration of the delivery depends on the country of the Customer, as well as on the courier service used.

Unless otherwise agreed or expressly provided otherwise, the goods will be delivered to the Customer's place of residence within 30 days of receipt of the order. This delivery will take place on the basis of the above delivery procedure.

Any visible damage and/or qualitative shortcoming of an article or other shortcoming in the delivery must be reported immediately by the Customer to Sankta BV via the e-mail address “[email protected]”.

The risk due to loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has taken physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and Sankta BV did not offer this choice.

Article 6: Retention of title

The delivered items remain the exclusive property of Sankta BV until full payment has been made by the Customer.

The Customer undertakes, if necessary, to point out to third parties the retention of title of Sankta BV, eg to anyone who would seize the items not yet fully paid for.

Article 7: Right of withdrawal

The provisions of this article only apply to Customers who purchase items online from Sankta BV in their capacity as consumers.

The Customer has the right to withdraw from the agreement within a period of 14 calendar days without stating reasons.

The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the good.

To exercise the right of withdrawal, the Customer must Sankta BV with address: Lodewijk Verheijenstraat 9, 2900 Schoten; and e-mail “[email protected]” informing them of their decision to withdraw from the contract by means of an unambiguous statement by e-mail. The Customer can use the attached model withdrawal form for this, but is not obliged to do so.

In order to comply with the withdrawal period, the Customer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return or hand over the goods to Sankta BV at Lodewijk Verheijenstraat 9, 2900 Schoten without delay, but in any event no later than 14 calendar days after the day on which it has notified Sankta BV of its decision to withdraw from the agreement. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.

The direct costs of returning the goods shall be borne by the Customer.

These costs depend on the customer's country and chosen courier service. The costs are estimated at a maximum of approximately EUR 30. These costs depend on the customer's country and chosen courier service.

The Customer is requested to return the items in their original condition and packaging, with all accessories supplied, and instructions for use. If the returned product is in any way diminished in value, Sankta BV reserves the right to hold the Customer liable and claim compensation for any loss in value of the goods resulting from the use of the goods by the Customer. that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

All returned items are carefully examined. The basic principle here is that the consumer may only inspect the article as he would be allowed to do in a store. This means that the packaging of the product remains unopened and undamaged. When an item has undergone a decrease in value due to the use of the Customer, this will be charged to the Customer.

If the Customer withdraws from the agreement, Sankta BV will refund all payments received from the Customer up to that point, including the standard delivery costs, to the Customer within a maximum of 14 calendar days after Sankta BV has been informed of the Customer's decision to cancel the agreement. to revoke the agreement. In the case of sales agreements, Sankta BV can withhold reimbursement until it has received all the goods back.

Sankta BV will reimburse the Customer with the same payment method with which the Customer performed the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged for such reimbursement.

The Customer cannot exercise the right of withdrawal for:

• the supply or provision of goods or services whose price is subject to fluctuations in the financial market over which […] has no influence and which may occur within the withdrawal period;
• the delivery of goods manufactured according to the Customer's specifications, or which are clearly intended for a specific person;
• the supply of goods that spoil quickly or with a limited shelf life;
• the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
• the delivery of goods that are irrevocably mixed with other products after delivery by their nature;
• the delivery of sealed audio and sealed video recordings and sealed computer software, the seal of which has been broken after delivery;
• the delivery of digital content that is not delivered on a tangible medium, if the execution has started with the express prior consent of the Customer and provided the Customer has acknowledged that he loses his right of withdrawal (e.g. downloading music, software);

Article 8: Warranty

Under the law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal guarantee is valid from the date of delivery to the first owner. Any commercial warranty does not affect these rights.

To invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to the Customer's home, the Customer must contact Sankta BV customer service and return the item to Sankta BV at its expense.

In the event of a defect, the Customer must inform Sankta BV as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its discovery. Afterwards, any right to repair or replacement lapses.

The legal warranty 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, 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 proven otherwise by the Customer.

Article 9: Customer service

The customer service of Sankta BV can be reached by e-mail at [email protected], via the live chat on the website of Sankta BV (www.sankta.be) or by post at the following address Paalstraat 87, 2900 Schoten. Any complaints can be directed to this.

Article 10: Sanctions for non-payment

Without prejudice to the exercise of other rights available to Sankta BV, in the event of non-payment or late payment from the date of default, the Client will owe an interest of 10% per year on the unpaid amount by operation of law and without notice. In addition, by operation of law and without notice, the Customer owes a fixed compensation of 10% of the amount concerned, with a minimum of 25 euros per invoice.

Without prejudice to the foregoing, Sankta BV reserves the right to take back items that have not been paid (in full) or to cancel the order within 3 working days.

Article 11: Privacy

The controller, Sankta BV, respects the General Data Protection Regulation and the Belgian Privacy Act of 30 July 2018.

The personal data provided by you will only be used for the following purposes: Processing the order and delivering the goods. The legal basis for this is the execution of the agreement. When registering for the newsletter, the data will also be used for communication by Sankta BV. This only takes place after the Customer has registered for the newsletter. The legal basis for this is consent.

You have a legal right to access and any correction, addition or deletion of your personal data. In a number of cases listed in the GDPR, you may also request that the processing of your personal data be restricted. You can also object to the processing of your personal data if you have serious and legitimate reasons for doing so which go beyond our need to process your data. Via a written, dated and signed request to Sankta BV at Lodewijk Verheijenstraat 9, 2900 Schoten or via [email protected], you can request your personal data in digital and readable form free of charge and/or have it transferred to other responsible parties. To the extent our processing is based on your prior consent, you have the right to withdraw that consent.

In case of use of data for direct marketing: You can object free of charge to the use of your data for direct marketing and do not have to give a reason for this.

To exercise your rights, you can contact Sankta BV at Lodewijk Verheijenstraat 9, 2900 Schoten or via [email protected].

We treat your data as confidential information and will not pass it on, rent or sell it to third parties.

For more information, see our Privacy Policy [https://www.sankta.be/nl/service/privacy-policy/].

Article 12: Use of cookies

Our Website uses cookies and similar technologies. This helps us to provide you with a better user experience when you visit our Website and also allows us to optimize our Website. Without your prior consent, we only place the purely functional cookies that are necessary for our Website to work correctly. For all other cookies we first ask for your permission.

For an overview of all cookies that our website places on your device, we refer you to our Privacy Policy [https://www.sankta.be/nl/service/privacy-policy/].

On your first visit to our website you will be asked to accept our cookies. You can manage your choices yourself at any time afterwards.

You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.

Article 13: Violation of validity - non-renunciation

If any provision of these Terms is held to be invalid, illegal or void, this shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by Sankta BV to enforce any of the rights listed in these Terms, or to exercise any right hereof, will never be considered a waiver of such provision and will never affect the validity of these rights. .

Article 14: Change conditions

These Terms and Conditions are supplemented by other terms and conditions that are explicitly referred to, and the general terms and conditions of sale of Sankta BV. In the event of a conflict, these Terms and Conditions shall prevail.

Article 15: Bewijs

The Customer accepts that electronic communications and backups can serve as evidence.

Article 16: Applicable Law – Disputes

Belgian law applies, with the exception of the provisions of private international law regarding applicable law.

The courts of the Consumer's place of residence have jurisdiction in legal disputes. The Consumer can also contact the ODR platform (http://ec.europa.eu/consumers/odr/).

Article 17: Pre-orders

Art 17.1: If the producer of the product allows it, the customer is able to pre-order certain items that have not yet been issued (pre-order).

Art 17.2: With a pre-order, the Customer can choose from two payment options:

• The full amount is paid in advance. This also counts as an advance on the order as Sankta BV is not in possession of the pre-order product at the time of payment.
• An advance of 10% is paid on the total price of the product, not taking into account the shipping costs. Payment of the remaining amount will be made when Sankta BV is in possession of the pre-ordered item. The Customer will then receive a payment request for the remaining part of the price to be paid. This remaining part will at all times be calculated on the basis of the original price at which the Customer ordered the product and the advance payment already paid.

Art 17.3: The order of a pre-order with an advance can be canceled within 14 calendar days after placing the order. If the pre-order is canceled within 14 days, the deposit can be refunded. After the expiry of this period, the pre-order can be canceled, only without refund of the deposit.

Art 17.4: If the Customer has ordered the pre-order item with an advance of 10%, the Customer will receive payment requests in accordance with Art 17.2 at certain times for the payment of the remaining amounts. These payment requests are valid 14 calendar days after the request was made. If the Customer has not paid within these 14 days or can provide proof of payment, the order will be canceled for the Customer. The advance will then not be refunded in accordance with Art 17.4.

  Art 17.5: Sankta BV will, in accordance with article 5 of the general terms and conditions of Sankta BV, proceed to send the article to the Customer if:  

• Sankta BV is in possession of the full amount of the pre-order item ordered by the Customer.
• The pre-order item is in the possession of Sankta BV.

Art. 17.6: The pre-orders are ordered by Sankta BV from the supplier of the articles. This pre-order is subject to the supplier's right to unilaterally cancel the order at any time. It may therefore happen, in certain rare cases, that Sankta BV cannot supply the product if the producer indicates that it cannot supply the product. The Customer will therefore be informed of this and any advances paid will be refunded. Sankta BV cannot be held responsible in this case.