Company data :
Rue de la croix rouge 1
Rue de Courtrai 33
Phone number : +32 (0) 498 92 18 53
Email: contact us
Article 1 : General
1.1 These conditions of sale regulate the use of the website and webshop of SRL ESQW, with company number 0827.695.456, with registered office at Rue de la Croix Rouge 1, 7740 PECQ (hereinafter referred to as 'the seller')
1.2 All agreements concluded between the seller and the purchasers are subject to the following conditions of sale and delivery, except in the case of express written derogation. The buyer's general terms and conditions of purchase are never taken into account; they are therefore considered to be entirely null and void vis-à-vis the seller.
1.3 The fact that the buyer does not receive the general terms and conditions of sale in his mother tongue does not exempt him from applying them.
1.4 With every electronic order of products, the customer explicitly declares to agree to these general terms and conditions by ticking the check box "I accept the general terms and conditions unconditionally". Anyone who orders, declares to know and accept the general terms and conditions of the seller. An electronic order without this agreement is technically impossible, except in the case of fraud, so that these conditions are always binding on the customer. The terms and conditions of sale also apply whenever a reservation or order is placed via the webshop via https://www.smokershop.be
1.5 The buyer expressly declares that he is of legal age. When the product is picked up, this is checked on the basis of an identity check. The seller reserves the right to cancel the purchase if it appears that the buyer is a minor. In that case, an invoice for damages will be drawn up, equal to the costs incurred by the seller.
Article 2: Order
2.1 For each order, the general terms and conditions that were included in the website and order confirmation at that time apply, to the exclusion of any older or newer provisions.
2.2 Orders placed via the website are deemed to be placed for non-professional purposes. These general terms and conditions of sale apply only to consumers within the meaning of Book VI of the Economic Law Code, as inserted by the Act of 21 December 2013 on the insertion of Book VI "Market Practices and Consumer Protection" in the Economic Law Code and on the insertion of the definitions specific to Book VI, and of the enforcement provisions specific to Book VI, in books I and XV of the Economic Law Code, (Official Gazette 30 December 2013; err. , Belgian Official Gazette 20 January 2014, err. , Belgian Official Gazette 18 March 2014, err., Belgian Official Gazette 24 March 2014).
2.3 The seller undertakes to process orders placed on the site as long as stocks last and within the limits set out in these terms and conditions.
2.4 The seller reserves the right to refuse orders in the event of a serious suspicion of abuse of rights or bad faith, a serious suspicion of commercial purposes that are unacceptable to the seller or in the event of exhaustion of the stock of a particular item.
2.5 An order is only final after acceptance of these general terms and conditions of sale, the prices and the description of the offer.
Article 3: Price 3
3.1 All prices mentioned are always inclusive of VAT and all other taxes to be borne by the customer. If delivery, transport, reservation or administrative costs are charged, this will be mentioned separately.
3.2 The indication of price relates exclusively to the articles as described verbatim. The accompanying photo is for decorative purposes only and may contain elements that are not included in the price.
Article 4: Delivery 4
4.1 When ordering, the buyer chooses the delivery method:
- BPost: home delivery;
- DPD: home delivery;
- DPD Parcelshop: delivery at a collection point (standard delivery method),
- BPOST BPACK: delivery at a collection point
After ordering and sending the goods, a tracking number will be sent to the buyer by e-mail.
4.2 When collecting the goods at a collection point, the buyer must present a valid identity document or power of attorney with a copy of a valid identity document of the buyer. The goods remain available for a period of seven days at the DPD collection point chosen by you or us.
4.3 In the absence of collection of the goods within the period as described in article 4.2, the goods will be returned to us. The costs shall be borne by the buyer.
4.4 After return of the goods, they can be collected by the buyer at the registered office of ESQW SRL or after prepayment of the shipping costs can be sent again.
(You will receive a payment link from us to pay the shipping costs, after payment your parcel will be sent back to you.)
Article 5: Right of renunciation
5.1 In accordance with articles VI.47 - 52 WER, the buyer, as a consumer, has a period of 14 days to revoke the agreement free of charge without giving any reason.
This period shall begin on the day following that on which the consumer receives the goods.
5.2 During this period, the consumer will handle the goods and packaging with care. Unpack or use the goods only to the extent necessary for their evaluation.
5.3 If the right of withdrawal is exercised, the goods with all delivered accessories must be returned undamaged, unpolluted and - if reasonably possible - in their original condition and packaging to ESQW SRL, in accordance with the instructions provided by ESQW SRL.
The model withdrawal form can be found here .
The revocation is free of charge, except for the delivery costs if the consumer has chosen a different delivery than the standard delivery.
5.4 The consumer must pay compensation for any diminished value of the goods resulting from the use of the goods beyond what is necessary to establish their nature, characteristics and functioning.
5.5 Within fourteen days after the day of the exercise of the right of withdrawal, the refund will be carried out by the same means of payment as that used by the consumer during the original transaction.
Article 6 : Warranty - Complaints
6.1 The statutory warranty of 2 years applies. This guarantee only covers a lack of conformity that already existed at the time of delivery of the goods. During these 2 years, the seller undertakes to replace or repair the defective article or part free of charge. The seller reserves the right to exchange the item if the cost of repair is disproportionate, or if a repair is impossible. Defects that manifest themselves after a period of 6 months after delivery are not deemed to be present at the time of delivery, unless the Customer provides evidence to the contrary.
6.2 In order to invoke a guarantee, the buyer must be able to present the proof of purchase, the receipt or the invoice. The warranty is not transferable. Any defect must be reported within 2 months of its discovery, within the warranty period. Afterwards, any right to repair or replacement expires.
6.3 The warranty does not apply to defects caused by accidents, aggravation of the situation due to negligence, falls, use of the item contrary to the purpose for which it was designed, non-observance of the operating instructions or manual, modifications or alterations to the device, heavy use, incorrect assembly, poor maintenance, abnormal, commercial or incorrect use.
Article 7: Payment
7.1 Payment is always made electronically via credit or debit card. Any order is payable immediately at the time of conclusion of the agreement. 7.2 All invoices that have not been paid on the due date will automatically and without any notice of default or reminder being required, give rise to interest on arrears equal to 10%. In addition, the amount of unpaid invoices shall be increased by 10% by way of conventional compensation for damages, with a minimum of EUR 25, also without any prior notice of default or reminder being required and without prejudice to the principal sum, the default interest, all collection, reminder and prosecution costs.
Article 8: Liability for the use of the website
8.1 The Seller's website is intended to provide the Customer with general information about the Seller's products and activities. The seller only has an obligation to use his best efforts with regard to access, the ordering process, the delivery or the other services.
8.2 The seller has the right at any time to suspend or discontinue all or part of the site for maintenance, updating or any other reason, even without prior notice.
8.3 The seller cannot be held liable for any hindrance or damage caused by the use of the internet, by any breakdown of the system, the intrusion of outsiders or a virus, nor for any information placed or processed on it by third parties or by any other fact that can be considered as force majeure.
Article 9: Protection of privacy
9.2 The processing of personal data within ESQW SRL is subject to European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
Article 10: Intellectual property
10.1 All parts of the Seller's site, including the technology used, are the exclusive property of the Seller and are protected by copyright. Users who have their own website and who, even for purely personal use, want to set up an automatic link between their own site and the vendor's home page, must request the vendor's express permission to do so.
Article 11: Retention of title
11.1 The delivered goods remain the exclusive property of the seller until full payment has been made by the customer. The customer undertakes, if necessary, to draw the attention of third parties to the retention of title, e.g. to any person who may come to seize goods that have not yet been paid for in full.
11.2 All risks after delivery, with the exception of theft, humidification, damage, etc., shall be borne by the buyer, even if they have not yet been paid for.
Article 12: Disputes
12.1 All disputes related to or arising from the use of the document, as well as from the conclusion, validity, interpretation or execution of the present terms and conditions of sale will be subject to Belgian law, whereby the court of first instance in Hainaut, Tournai department; the commercial court in Bergen-Charleroi, Tournai department and the justice of the peace court of the 2nd canton in Tournai have exclusive jurisdiction.
Article 13: Delivery of tobacco products abroad
13.1 No...In the case of a website where tobacco products can be ordered and then sent abroad by post/courier, there is a problem. Because it is a shipment by post / courier and with a commercial character, it is very difficult to prove that it is for personal use.
Excise duty is therefore evaded in the country of destination. The shopkeeper therefore runs the risk, but the buyer also runs the risk of a fine, additional excise duties and/or confiscation.