1.1 Without prejudice to the application of any special conditions, these general terms of business are applicable to all our quotations, order confirmations, purchase orders, contracts of sale or purchase agreements between the operator, Mr Julian Roelandt, with registered office in 1730 Asse, Louwijn 13 and CBE number 0720.840.256 (hereinafter “Poppular”) and its customer (hereinafter the “Customer”). In the event of inconsistencies between these general terms of business and any separate written agreement, the written agreement shall supersede.
2.1 These general terms of business apply to all offers on the Poppular website, www.POPpular.be, and to all agreements that are concluded between Poppular and the Customer.
2.2 By the mere fact that the Customer places an order, the Customer is deemed to have accepted these general terms of business in full and irrevocably.
2.3 The non-enforceability or inconsistency with imperative law of any one provision of these general terms of business shall not in any way affect the validity or the enforceability of the other provisions of these general terms of business.
3. Prices and payment
3.1 The goods are invoiced for at the prices and subject to the conditions listed on the website. Unless expressly otherwise agreed, the prices listed by Poppular are exclusive of taxes, packaging, transport and insurance costs which shall be borne by the Customer in full.
3.2 Goods shall be paid for at the moment the online order is placed, using one of the payment options listed on the website.
3.3 Poppular accepts payments by VISA and MASTERCARD. If you choose to pay by credit card, the amount payable will be debited from your account as soon as payment has been confirmed.
3.4 Any invoice that has not been settled in full by its due date shall ipso jure and without prior formal notice be subject to default interest at the rate of 12 % per annum on the outstanding balance and to fixed penalties of 10 % on the outstanding balance, with a minimum of EUR 25, without prejudice to the right to claim additional damages, subject to the more extensive damage being demonstrated.
4.1 Delivery lead times start to run on the day payment is received.
4.2 Goods are delivered within 4 working days provided the goods are in stock.
4.3 The Customer has the option to collect the goods at Poppular by prior appointment. In that case, the goods will be available for collection 2 days after the order was placed, provided the goods are in stock.
4.4 No exact delivery date can be provided for so-called pre-orders, i.e. orders for goods that are not in stock.
4.5 Delivery charges are borne by the Customer. No delivery charges are due on orders that are collected. Orders of more than EUR 65 to be delivered within Belgium, Luxembourg or the Netherlands are shipped free of charge.
4.6 If, for reasons beyond its control, Poppular is unable to execute the order, the purchase price will be refunded.
4.7 Unless otherwise agreed, delivery dates are provided for information only and, hence, are non-binding and any delay in delivery can never give rise to the payment of penalties or damages or to the cancellation of the order.
5. Right of withdrawal
5.1 When purchasing products, the Customer has a period of fourteen days to withdraw from the contract without any statement of reasons. This term starts to run on the day after the product was received by or on behalf of the Customer.
5.2 The right of withdrawal only applies to online sales and not to goods that are collected in the shop.
5.3 During the cooling-off period, the Customer shall handle the product and the packaging with care. If the Customer chooses to exercise his right of withdrawal, he shall return the product with all the original accessories and – where reasonably possible – in its original state and packaging, in accordance with the reasonable and clear instructions provided by Poppular.
5.4 If the Customer chooses to exercise his right of withdrawal, he shall unequivocally notify Poppular to that effect in writing within the 14-day cooling-off period.
5.5 Once the Customer has informed Poppular that he intends to exercise his right of withdrawal, he shall return the product, in its original packaging, within 14 days. The shipping costs are the Customer’s to bear.
5.6 Poppular shall refund the purchase price once the goods are returned in good time, in sound condition and in their original packaging.
6. Inspection, complaints and warranty
6.1 The Customer undertakes to take receipt of the goods on delivery and to check whether the quality of the goods corresponds to what had been agreed. By taking receipt of the goods ordered, the Customer confirms that the goods delivered are complete, consistent with the order confirmation and free from visible defects.
6.2 Complaints about the quantity and/or any non-conformity shall be reported at the time of delivery (in the case of visible defects), or within 7 days (in the case of hidden defects) to Poppular by registered letter, quoting the relevant details (a. o. order and invoice number), failing which Poppular may regard any complaint as inadmissible.
6.3 Poppular guarantees the conformity of the goods as provided under the consumer guarantees legislation.
7. Risk and retention of title
7.1 Without prejudice to the Customer’s risk associated with the goods, the seller retains the title to the goods delivered until they have been paid for in full. However, the risk passes to the Customer on delivery, irrespective of whether the goods were paid for or not.
7.2 The goods are deemed delivered and accepted at the Poppular warehouses in Asse. Goods are always transported at the buyer’s risk, irrespective of the transport arrangements.
8.1 The Customer can avail of a one-off discount of 10 % by subscribing to the Poppular newsletter. This discount is valid for 14 days and can be used on orders of more than EUR 65. This discount cannot be combined with other temporary promotions.
9. Applicable law and competent court
9.1 All agreements governed by these general terms of business are exclusively governed by Belgian law.
9.2 Unless otherwise provided by imperative law, any disputes between the parties associated with agreements governed by these general terms of business shall exclusively be submitted to the Justice of the Peace Court in Asse or to the Dutch-speaking Division of the courts in Brussels.
10.1 When you visit the website, ‘cookies’ can be placed on the hard disk of your computer. Cookies are small information files the server of a website stores in the browser of your computer or mobile device when you visit a website. These tiny files facilitate navigation and contribute greatly to the user-friendliness of the website.
10.2 You can adjust your browser settings if you want your browser to notify you when a cookie is being sent. If you do not wish to receive any cookies you can change your browser settings to “block cookies” in which case you will no longer receive any cookies. Do bear in mind however that this may affect the functionalities and the user-friendliness of the website.
11. Personal data and data protection (GDPR)
11.1 Which personal data do we process?
When you register on the website and/or place an order, you will be asked for a number of personal data. These personal data are necessary to ensure the correct and smooth functioning of the web shop, for instance to enable us to process your order. The data are used to supply you with the goods and services ordered.
We process the following personal data:
First name and surname
Bank account number
Data about your activities on our website
11.2 Purpose for which the data are processed
Poppular processes your personal data for the following purposes:
To process you payment
To send you our newsletter if you subscribed to it
To phone or email you if need be so that we can provide you with our services
To notify you of any changes to our products our services
To supply you with our goods and services
To give you access to your account if you have created one
Poppular also processes personal data when legally compelled to do so.
11.3 Data retention
Poppular does not retain your personal data any longer than strictly necessary to achieve the objectives for which your data were collected.
11.4 Communication of data to third parties
Poppular only communicates data to third parties if this is necessary to execute our agreement with you or to comply with a statutory requirement.
11.5 Right of access, rectification or modification
Right of access, rectification or modification
You have the right to access the personal data relating to you, to have those data rectified or erased. Furthermore, you are free to withdraw your consent to the processing of your personal data or to object to Poppular processing your personal data. You can send your request to access your personal data, to have your personal data rectified or deleted, to have them transferred or to withdraw you consent to the processing of your personal data or to object to their processing by email to firstname.lastname@example.org.
11.6 Data security
Poppular takes the security of your personal data extremely seriously and has implemented the appropriate measures to protect your personal data from misuse, loss, unauthorised access, unauthorised disclosure and unauthorised alteration. If you feel that your data are not properly secured or if there are any signs of misuse, please contact us at email@example.com.
11.7 General information
We do everything in our power to ensure that your data are processed in strict compliance the applicable Belgian and European legislation, i.e.:
The Belgian Data Protection Act of 8 December 1992, last amended by the Act of 11 December 1998
The European Directives on the protection of privacy (GDPR, which came into force on 25/05/2018)