PLAYTIMEGAMES: WEBSHOP GENERAL TERMS AND CONDITIONS
Article 1 – Information about PlayTimeGames
Company name: PlayTimeGames
VAT number: BE1015.546.547
Registered office: 2018 Antwerp, Quellinstraat 49
Offices:
Telephone number: 0499/426868
Email: info@playtimegames.eu
Article 2 – Definitions
Offer: The offering of Goods by the Company through the Website. The Offer is governed by these general terms and conditions.
Customer: Any natural person acting for purposes outside their trade, business, craft, or profession and who purchases or may purchase Goods through the Website (Customer-consumer).
Any company within the meaning of Article I.1.1° of the Code of Economic Law that purchases or may purchase Goods through the Website (Customer-company).
Company: PlayTimeGames bv, incorporated under Belgian law with registered office at Quellinstraat 49, 2018 Antwerp, with VAT number: BE1015.546.547.
Agreement: The distance contract concluded between the Company and the Customer for the purchase of Goods via the Website. The Agreement is governed by these general terms and conditions.
Force Majeure: Force majeure may include, but is not limited to, the following situations: fire, labor disputes (strikes), pandemic, war, requisition, embargo, general transport shortages, unexpected traffic jams, energy restrictions or shortages, disruptions in a (telecommunications) network, non-delivery or late delivery by suppliers or other third parties, etc.
Goods: All games, toys, and accessories available for purchase on the Website.
Website: The PlayTimeGames webshop website: https://playtimegames.eu.
Business Day: Every day except Saturdays, Sundays, and national holidays.
Article 3 – Applicability
3.1 These general terms and conditions apply to every Offer from the Company and to all Agreements.
3.2 These general terms and conditions will be made available to the Customer before concluding the Agreement with the Customer.
Article 4 – Formation and Duration of the Agreement
4.1. [add description of purchase process]
4.2. Each Offer on the Company's Website, including the stated price, is non-binding and valid while supplies last. If supplies are exhausted, the Company will not be liable to pay any compensation to the Customer.
4.3. The Agreement is concluded once (i) the Customer has accepted the Offer and the general terms and conditions and (ii) after the Company has accepted the order.
4.4. The Agreement and the general terms and conditions remain in effect until all obligations have been fulfilled.
Article 5 – Prices
5.1 The prices of the Goods are those stated on the Website at the time the Customer places an order and include VAT.
5.2 We confirm that customers do receive an order confirmation email, including their order number, after placing an order.
We will also address the following points:
- Ensure the withdrawal form is either properly included or that the reference and link function correctly
- Fix the non-working hyperlinks (refund policy, privacy policy, and general terms)
- Implement a mandatory checkbox during checkout so customers actively accept the general terms and conditions, with a working link allowing them to review, download, and store them
5.3 Before placing an order, the total price, including all costs and taxes, will be available to the Customer and will be stated in the order summary on the Website.
5.4 If a Good is incorrectly priced on the Website, the Company will contact the Customer in writing as soon as the Company becomes aware of the incorrect price. The Customer has the option to hold the order or cancel it in accordance with the procedure set out in Article 9. The order will only be processed after the Company has received the Customer's confirmation within 14 days of the invitation to do so. If the Company is unable to contact the Customer using the contact information provided during the ordering process, or if the Company does not receive a response from the Customer within the aforementioned timeframe, the Company will treat the order as cancelled and notify the Customer in writing.
5.5 Obvious errors or mistakes in pricing are not binding on the Company.
Article 6 – Payment and payment methods
6.1 The Customer can pay for the Goods using the payment methods offered on the Website, namely:
[add]
6.2 The Customer must pay at the time of placing the order.
Article 7 – Shipping and Delivery
7.1 The Goods will be delivered to your home by post. The Company will deliver the order to the address the Customer provided to the Company during the purchase process. The Customer will receive an email confirmation once the order leaves the Company.
7.2 The Company undertakes to deliver the Goods within 30 days of the conclusion of the agreement, unless a different delivery date is agreed between the Company and the Customer.
7.3 If the Company is unable to deliver the Goods within the aforementioned period, the Company undertakes to notify the Customer in writing. The Customer will then grant the Company a new, reasonable delivery period. If the Company exceeds this additional period, the Customer has the right to cancel the order.
7.4 If no one is available at the Customer's address at the time of delivery, or if the Company is unable to deliver the Goods to the designated address, the Customer must follow the instructions of the delivery service responsible for delivering the order. Any choice the Customer makes to offer the Goods to a neighbor upon delivery or to place them in front of the home/business premises is entirely at the Customer's own risk.
If delivery proves impossible, the Customer will be in default of acceptance of the delivery. Any costs or damages incurred as a result will be borne by the Customer.
7.5 The Company reserves the right to make partial deliveries of the ordered Goods, for example, if part of the order is delayed or unavailable. In the event of a partial delivery, the Company will notify the Customer by email.
7.6 Upon delivery/collection, the Customer must inspect the packaging for any damage. If the Goods are damaged, the Customer must not accept delivery and must immediately notify the Company by email at the following address: [add]. After notification, the Company will provide the Customer with the necessary instructions regarding the damaged Goods.
Article 8 – Retention of Title – Risk of Loss or Damage
8.1 All Goods delivered and/or to be delivered by the Company remain the property of the Company until the Customer has paid all amounts due to the Company in full.
8.2 The risk of loss or damage to the Goods shall pass to the Customer upon delivery of the Goods. However, the risk shall pass to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the Goods and this choice was not offered by the Company, without prejudice to the Customer's rights against the carrier.
Article 9 – Right of Withdrawal and Refund
9.1 The consumer Customer has a legal right to withdraw from the Agreement during the period specified in Article 9.2. The Customer must inform the Company of their decision to withdraw from the Agreement and receive a refund. The Customer is not required to provide a reason for the withdrawal.
9.2 The Customer has fourteen (14) days to withdraw from the Agreement. The starting point of the withdrawal period may vary. The following rules apply:
a) If the delivery concerns a single Good, the period begins on the day after the Customer receives the Good.
b) If the delivery concerns multiple Goods delivered on separate days, the period begins on the day after the Customer receives the last Good ordered.
9.3 The Customer may only withdraw from the Agreement if the Goods:
a) are unused;
b) are complete; and
c) are still attached to their original labels.
9.4 If the Customer decides to revoke the Agreement, the Customer must inform the Company before the end of the aforementioned 14-day revocation period via their account on the Website or by completing the model form in Appendix 1 to these general terms and conditions (also available via the following link: [https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf] and sending it to the Company's customer service via [add].
9.5 The Customer shall handle the Goods and their packaging with the utmost care during the withdrawal period. The Customer shall only unpack the Goods to the extent necessary to assess whether or not they wish to exercise their right of withdrawal. For safety and hygiene reasons, the Customer's right of withdrawal expires once the Goods have been opened. If the Customer exercises their right of withdrawal, they shall return the Goods with all accompanying accessories, and if possible, in their original condition and packaging, to the Company.
9.6 After notifying the Company of their withdrawal, the Customer will receive the return label by email (OPTION) or can access the return label through their personal profile on the Website. The return label must be affixed to the packaging of the Goods they wish to return.
The Customer must return the Goods to the Company without undue delay and in any event no later than fourteen (14) days after receiving the return label from the Company. The Goods must be sent to the Company in the same manner in which the Customer received them.
9.7 All costs for returning the Goods shall be paid by the Customer.
Any damage or loss of returned Goods during transit shall be borne by the Customer.
9.8 In the event of cancellation:
a) The Company will refund any amounts already paid by the Customer for the Goods upon receipt of the Goods. However, the Company may deduct from the refund any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
b) The Company will make all refunds within a reasonable time after receipt of the Goods.
c) The Company will refund the Customer using the same means of payment as the Customer used to pay.
d) The Company shall be entitled to refund the Customer with vouchers if the Customer used vouchers to pay for the Goods.
Article 10 – Warranty
10.1 The Customer is entitled to a two-year statutory warranty. The statutory warranty covers any defect in the Goods that manifests itself within two years from the date of delivery of the Goods.
10.2 The Customer must inform the Company by email [add] about the defective Goods within two months of the defect becoming known or reasonably being known to the Customer. After this period, the Customer loses the right to invoke the warranty.
10.3 If a defect occurs within the two-year statutory warranty period, the Customer must follow the procedure set out in Article 9. After returning the defective Goods, the Company will send the Customer a new Good. The Goods can only be replaced and delivered if they are still available/in stock. If replacement is not possible or is disproportionate, the Customer is entitled to an appropriate price reduction or termination of the Agreement, after which the Company will refund the price in accordance with Article 9.8. 10.4 The warranty does not apply to defects caused by, among other things, one or more of the following elements: (i) incorrect use of the Good contrary to the recommended instructions for use, (ii) incorrect storage of the Good, such as failure to comply with the prescribed storage conditions (for example, storing at too high or too low temperatures), (iii) damage to the packaging that affects the quality and safety of the Good, unless such damage is attributable to the Company or the carrier, (iv) incorrect handling during transport or storage by the Customer after delivery, (v) use by third parties in a manner that does not correspond to the indicated conditions of use.
Article 11 – Complaints Procedure
11.1 If the Customer has any complaints, they can contact the Company at the following email address: [add]. The Company will endeavor to respond to complaints within a reasonable timeframe.
11.2 The Consumer Customer can contact the following entity to settle the dispute out of court:
Consumer Ombudsman Service
Koning Albert II-laan 8 Box 1 - 1000 Brussels
Email: contact@consumentenombudsdienst.be
Tel.: 02/702.52.00
Fax: 02/808.71.20
Website: consumentenombudsdienst.be
11.3 The Consumer Customer can also submit their complaint to the European Consumer Centre Belgium, located at Hollandstraat 13, 1060 Brussels, info@eccbelgium.be, tel. 02/542.33.46.
Article 12 – Transfer and Subcontracting
12.1 The Company has the right to transfer its rights and obligations under the Agreement to a third party (e.g., for the delivery of the Goods), but this will not affect the rights and obligations under these Terms and Conditions.
Article 13 – Use of personal data
13.1 The Company uses the Customer's personal data solely in accordance with the privacy statement available on the Website via the following link: [add]
Article 14 – Force Majeure
14.1 The Company shall not be liable or responsible for any failure to perform or delay in the performance of its obligations under the Agreement that is due to Force Majeure.
14.2 In the event of Force Majeure:
a) the Company shall notify the Customer by email; and;
b) the Company's obligations under the Agreement shall be suspended and the time for performance shall be extended for the duration of the Force Majeure. If the Force Majeure affects the delivery of the Goods, the Company shall arrange a new delivery date with the Customer after the Force Majeure has ended.
14.3 The Customer has the right to terminate the Agreement affected by a Force Majeure event. To terminate the Agreement, please contact the Company at [add].
Article 15 – Liability
15.1 The Company shall only be liable for non-compliance with its contractual obligations if and only to the extent that (i) this constitutes one of the main obligations of the Agreement; or (ii) it was caused by gross negligence or intent on the part of the Company, its employees or agents; or (iii) the physical integrity or life of the Client was affected. It shall not be liable for other errors.
15.2 The Company shall never be liable for indirect damage and costs (such as consequential damage, lost profits, lost savings, damage to third parties, etc.). The Company's obligation to compensate for damage, on any grounds whatsoever, is limited to the damage for which the Company is insured under an insurance policy taken out by or on behalf of the Company and for which payment is made in the relevant case. If, for any reason, the damage is not covered by the Company's insurance, the Company's obligation to compensate for damages is limited to the amount invoiced by the Company to the Customer (excluding VAT).
15.3 The Company is in no event liable for any damage resulting from failure to comply with the product and usage instructions and warnings it provides. The Customer must indemnify the Company against any third-party claims in this regard.
Article 16 – Applicable law and jurisdiction
16.1 These general terms and conditions are governed by Belgian law. This means that the Agreements for the purchase of Goods through the Website and any disputes or claims arising from or related to them are governed exclusively by Belgian law.
16.2 The courts of the jurisdiction in which the Company is established have exclusive jurisdiction to settle any disputes relating to the Agreement, without prejudice to any mandatory law that benefits the Customer-consumer.
Article 17 – Miscellaneous
17.1 The Company may amend these terms and conditions at any time. The terms and conditions in effect at the time the Goods are ordered will apply to the Agreement between the Customer and the Company.
17.2 The invalidity of any provision or part of a provision of the Agreement will not affect the validity of the remaining part of the provision or the other provisions.