Online sales conditions
Welcome to STVV! Our details are: STVV NV, Tiensesteenweg 168, 3800 Sint-Truiden, with company number 0845.049.251 (hereinafter "STVV", "we" or "us").
1. General
1.1 Unless expressly agreed otherwise in writing, these Online Sales Conditions (hereinafter referred to as the "Sales Conditions" or "Conditions") apply to and form an integral part of all online offers, orders and sales agreements made or concluded via the websites, mobile applications, webshops, ticket shops, software and other online products and services of STVV (the "Online Services"), to the exclusion of the customer's own general or specific (purchase) conditions.
1.2 STVV reserves the right to amend these conditions at any time. All modifications will be published online. By continuing to use the Online Services after the amended conditions have been published online, you will be deemed to have tacitly accepted the amended conditions.
2. Order
2.1 The presentation of products and services via the Online Services is only a non-binding invitation to order products or services from STVV. By placing your order, you are making a binding offer to enter into a purchase agreement. STVV will only be bound and the sales agreement will only be concluded once your order has been confirmed and accepted in writing by STVV. STVV reserves the right to accept or refuse an order.
2.2 By placing an order via the Online Services, you expressly agree to abide by the sales conditions published by STVV at the time your order is placed and, with regard to the webshop, the sales conditions of any third parties with whom STVV collaborates. You are solely responsible for reading the applicable sales conditions before placing your order.
2.3 After you have placed your order and it has been confirmed by STVV, you will receive an invitation to pay the price of your order.
2.4 Once STVV has received your payment, your order will be finalized and delivered by the delivery method of your choice for which you will be informed in advance of any additional delivery costs.
2.5 If, after placing your order, you discover that you have made an error with your order, please contact info@stvv.com immediately by e-mail.
3. Payment
3.1 All invoices are payable within one month, unless otherwise stipulated. In case of non-payment within the stipulated period, interest on arrears of 1% per month of the invoice amount will be due, ipso jure and without prior notice, from the due date. Also, by operation of law and without prior notice of default, a fixed compensation of 10% of the invoice amount (with a minimum of € 62.50) is due as damages.
3.2 Costs related to unpaid bills of exchange or cheques and other collection costs are not included in this fixed compensation and will be charged separately to the buyer, tenant, ....
3.3 STVV NV reserves the right to suspend further deliveries, the use of spaces, seats, publicity etc. in the event of late payment of at least €1,000. STVV NV also reserves the right to regard the agreement as dissolved by operation of law and without prior notice of default in respect of the whole or the non-executed portion. In the event of the explicit cancellation clause being applied, the customer will in any case be liable to pay compensation to STVV NV amounting to at least 50% of the value of the part of the agreement which has not yet been executed, without prejudice to STVV NV's right to claim compensation from the customer for actual damage which exceeds this fixed amount.
3.4 STVV expressly reserves ownership of the delivered products until full payment of the price, interests and costs. Until such time, the customer may not alienate the goods or dispose of them in any way and/or make any modifications. In the event of late payment, we shall be entitled to recover the goods from the customer at his risk and expense, without any judicial intervention being required. Without prejudice to the retention of title, all risks relating to the delivered goods shall already be transferred to the customer at the time of delivery.
4. Delivery
4.1 Upon receipt of your payment, we shall be obliged to deliver the products you have ordered to you, except where applicable laws and regulations, such as those relating to the safety of soccer matches, would require us to refuse or cancel your order or prohibit us from delivering the products you have ordered to you.
4.2 We will do our best to deliver the products to the delivery address which you provided at the time of your order within the estimated delivery period indicated by us at the time of the order. However, the delivery period indicated is not binding and STVV cannot be held liable in any way for any loss, damage, expenses or expenditure arising from late delivery.
4.3 You agree to check the products for defects, shortcomings or visible damage at the time of delivery and in any event before proceeding to sign the receipt which you may be asked to sign. You must keep a proof of receipt of the delivered product for any future disputes in this regard.
4.4 Please note that it may be impossible for us to deliver to certain locations. If this is the case, we will inform you via the contact details you provide us with when placing your order. We will take the necessary steps to cancel your order free of charge or arrange for delivery to an alternative address. We deliver exclusively in Belgium. We deliver in our standard packaging. We reserve the right to accept or not to accept special packaging requests made by you and to charge you for the associated additional costs.
4.5 All risks associated with the product shall pass to you at the time of delivery, except where delivery has to be delayed due to a failure on your part, in which case risk shall pass to you on the date that delivery would have taken place had you not failed to meet your obligations. Once risk has passed to you, STVV declines all responsibility in the event of loss, destruction or other damage to the product. You must take care when opening the product to avoid damaging it, particularly when using sharp objects.
4.6 You undertake to take delivery of the product in an appropriate manner at the date and time reasonably notified to you by STVV. If you are unable to take delivery or collect the ordered product at the agreed date and time, we may leave a notification for you which includes instructions on a second delivery attempt or collection from the transport company. If delivery or pickup is delayed by your unreasonable refusal to accept delivery or if you do not accept delivery or pickup from the transportation company, we may (without prejudice to any other right or remedy available to us) take one or both of the following steps: (i) charge you fair storage fees and other reasonable costs incurred by us; or (ii) make the product unavailable for delivery or collection and notify you that we are cancelling the relevant contract immediately. We will in that case refund to you or your financial institution any amount already paid by you to us under the relevant agreement, deducting reasonable administration costs incurred by us (including the cost of the attempted delivery and subsequent return of the product, as well as any other storage costs).
4.7 It is your responsibility to ensure that the products satisfy and meet your needs and personal requirements. We do not guarantee in any way that the products will meet your personal requirements or be suitable for any particular specific use or purpose. You expressly acknowledge that the products are standard and not customised to meet your individual, personal requirements.
5. Cancellation and rescission
5.1 STVV reserves the right to cancel an order and rescind an agreement if the product is unavailable for any reason or if applicable legislation and regulations, such as those relating to the safety of soccer matches, authorize or require us to do so. We will in that case immediately contact you and refund any amount already paid by you within 30 days following the notification of cancellation of your order. We will refund all amounts transferred by you using the same payment method you used to pay for the product.
6. Right of revocation
6.1 Subject to specific provisions and the exceptions mentioned below, as a consumer you have the right to inform STVV in writing that you wish to cancel any purchase made via the Online Services, without having to pay a penalty and without having to state a reason, within fourteen calendar days of the day following the delivery of the goods or - in the case of a service contract - within fourteen calendar days of the day following the conclusion of the service contract.
6.2 You may use the withdrawal form attached to the delivery of the purchase, or you may make any other unequivocal statement in which you declare to be withdrawing from the contract, or you may use the "model withdrawal form" which you can find on the website of the FPS Economy. Once you are in possession of the product, you are obliged to keep it and to take proper care of it. The product must be returned to us in its original state.
6.3 However, you cannot exercise a right of withdrawal for:
(i) match tickets and tickets giving access to an event;
(ii) the supply of products made to your specifications (personalized and/or custom designed items such as e.g. clothing with a personalized name) or of products clearly intended for a specific person;
(iii) the supply of goods that spoil quickly or have a limited shelf life;
(iv) the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
(v) the supply of goods which, after delivery, are by their nature irrevocably mixed with other products;
(vi) the supply of sealed audio and sealed video recordings and sealed computer software the seals of which have been broken after delivery;
(vii) the supply of newspapers, magazines or periodicals, with the exception of agreements for a subscription to such publications;
(viii) contracts concluded at public auction;
(ix) the provision of accommodation other than for residential purposes, transport, car rental services, catering and leisure services, if the contracts provide for a specific date or period of performance;
(x) the supply of digital content not supplied on a tangible medium, if the performance has begun with your express prior consent;
You acknowledge that you lose your right of withdrawal in the above cases.
6.4 If you or we have validly cancelled or revoked the order, we will refund as soon as possible any payment already made by you or by your financial institution to us for the product order, and in any case within 30 days following your cancellation or revocation. In the event that a product was obtained using a gift voucher or discount vouchers, we reserve the right to refund all amounts following your withdrawal upon return of the products by crediting your account with the amount of your order.
7. Specific terms and conditions for the online order and/or purchase of tickets
7.1 Under no circumstances will tickets be refunded or exchanged, except in the event of cancellation or postponement of the match or event, unless this is due to force majeure. For tickets, there is no right of withdrawal or right of renunciation. The order and/or purchase and/or possession of a ticket does not affect the right of STVV to refuse access to the stadium for any reason whatsoever (e.g. in the event of a stadium ban or if the ticket has not been purchased through an official sales channel). STVV can under no circumstances be held responsible or liable for any damage or consequences resulting from measures concerning matches imposed by third parties, such as measures imposed by the authorities, soccer authorities and bodies, public order etc.
7.2. The registered buyer, the transferor and the holder of the admission ticket are jointly and severally liable for any damage the latter causes at the places to which it grants access. STVV cannot be held responsible or liable for accidents which may occur in the stadium, except in the case of legal, objective liability. The bearer of the admission ticket undertakes to comply with the rules of the internal regulations posted at the entrance to the stadium.
7.3 In accordance with the law on the sale of admission tickets to events of 30 July 2013, it is strictly forbidden: (i) the regular resale of tickets, (ii) the performance for the purpose of regular resale and the provision of funds used for a regular resale, (iii) the occasional resale at a price higher than the stated admission price, (iv) the performance for the purpose of occasional resale and the provision of funds used for an occasional resale if the resale is at a price higher than the stated admission price, (v) the resale before the start of the original sale, (vi) the sale of a privileged or promotional ticket for which there has been no original sale. The presentation for resale and the provision of funds used for a resale are also prohibited for the sale of a privileged ticket, as well as a promotional ticket, for which there has been no original sale. Violations are subject to sanctions.
8. Defective products
8.1 We guarantee that the product will be delivered undamaged and in the quantities ordered, and that it will comply with the latest instructions published by the manufacturer, as stated on the Online Services or in our description of the product at the time of your order.
8.2 The Product is only intended for use in accordance with the instructions as stated on our Online Services or in our description of the Product as such. It is your responsibility to ensure that you use the Products only in accordance with these instructions.
8.3 We will do our utmost to deliver the Products in perfect condition. However, if you notify us that the products are defective, you agree to keep the products in their current condition so that we can inspect them within a reasonable time. In order to provide you with a solution to a defective product, we may require your assistance and prompt communication of certain information regarding the product. If you want us to repair, replace or refund the product if the product is not satisfactory, and we find that the product has been (i) misused, abused, neglected, improperly or inadequately cared for, not cared for, damaged or abnormally used, or (ii) involved in an accident or damaged by an improper attempt to alter or repair it; or (iii) used contrary to our instructions for the product or those of the manufacturer; or (iv) affected by normal wear and tear, after delivery by us, then we may at our discretion decide not to repair, replace or refund the product and/or may require you to pay all reasonable transportation and service charges based on our current standard rates and may charge them using the payment information you provided to us when placing your order. We shall not, to the fullest extent permitted by law, be liable for any loss, liability, cost, value, expense or expense arising therefrom.
9. Use of gift vouchers and discount coupons
9.1 We are not liable for the loss, theft or illegibility of discount vouchers or gift vouchers.
10. Limitation of Liability
10.1 STVV takes great care with the information provided via the Online Services but cannot guarantee the accuracy or completeness of the information in any way. The information provided via or relating to the Online Services is of a general nature, is not adapted to personal or specific circumstances and cannot therefore be considered as personal, professional or legal advice to the user. STVV will not be held liable for any damage of any kind resulting from actions and/or decisions based on said information and/or use of documents or which in any way results from use of the Online Services.
10.2 STVV does not guarantee the proper functioning of Online Services and cannot be held responsible in any way for the malfunction or temporary (un)availability of Online Services or for any type of damage, direct or indirect, which may result from access to or use of Online Services.
10.3 STVV will not, under any circumstances, be held liable to anyone, directly or indirectly, in any specific or other way, for damage resulting from the use of the Online Services, in particular as a result of links or hyperlinks to other websites, including, without limitation, any loss, work interruptions, damage to programs or other data on the computer system, hardware, software or other belonging to the user.
10.4 The Online Services may contain hyperlinks to or indirectly refer to third-party websites or pages. The presence of links to these websites or pages in no way implies implicit approval of their content. STVV expressly declares that it has no control over the content or other characteristics of these websites or pages and cannot under any circumstances be held liable for their content or characteristics or for any other form of damage resulting from their use.
10.5 STVV undertakes to carry out its obligations under these terms and conditions of sale with reasonable care and skill. However, STVV is not bound by any obligation of result.
10. 6 Regardless of the nature of the loss or claim, STVV shall in no event be liable for any indirect, incidental or consequential loss, such as but not limited to (i) loss of sales; (ii) loss of actual or anticipated profit; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of business; (vii) loss of productive time; (viii) loss of opportunity; (ix) loss of goodwill; (x) loss of reputation; or (xi) loss of, damage to, or corruption of data, in each case whether such loss is foreseeable, known, anticipated, or in any other form.
10.7 STVV's liability with regard to Online Services is always limited to either the refund of the price paid by the customer or the re-run of the Online Services, at STVV's discretion.
10.8 The total liability of STVV will always be limited to the amount of the price paid by the customer to STVV for the Online Services which gave rise to the claim, with a maximum of 100.00 euros per claim.
10.9 These limitations on STVV's liability set out above apply to all liability expressly provided for in these conditions as well as to all liability arising from the invalidity or unenforceability of any other clause in these conditions.
11. Warranty and complaint management
11.1 We will perform our obligations under these terms and conditions with care and skill. We are committed to the satisfaction of our customers. Complaints or disputes must under penalty of nullity and voidness be made within eight days after the fact or occurrence to which the complaint or dispute relates and this by registered mail.
12. Circumstances beyond one’s control
12. 1 STVV shall not be held liable for any failure or delay in the performance of an agreement attributable to an external cause beyond STVV's control, including but not limited to, all forms of circumstances beyond one’s control, actions of third parties (including but not limited to hackers, suppliers, government, quasi-autonomous non-governmental authorities, supranational, federal, regional, provincial or local authorities), riot, civil unrest, war, hostilities, military operations, national disasters, terrorism terrorist threats, piracy, arrests, coercion by a competent authority, strikes and/or lockout, epidemic, fire, explosion, storm, flood, drought, extreme weather conditions, earthquakes, natural disasters, accidents, mechanical breakdowns, third-party software, breakdowns or problems with public utilities (including failure of electricity, telecommunications or internet), lack of or impossibility of being supplied with materials, equipment and/or transport, irrespective of the fact that the circumstances in question could have been foreseen.
12.2 Both STVV and the customer will be entitled to dissolve the agreement immediately by written notice to the other party in the event that the force majeure lasts longer than 2 working days, in which case neither party will be held liable to the other in connection with such dissolution (except for reimbursement of a product already paid for by the customer and which has not been delivered).
12.3 When STVV has undertaken obligations to supply identical or equivalent products to several customers and is prevented by force majeure from fully fulfilling its obligations to all parties involved, STVV will be entitled to autonomously determine which agreements will be executed to what extent.
13. Notices
13.1 All notices pursuant to a contract must be in writing and may be delivered in person or sent by stamped or registered post with acknowledgement of receipt or by email addressed to the relevant party at the last known address or email address of the other party. Any notice by post shall be deemed to be received two business days after it is posted if the address of the recipient is in Belgium. A notice by e-mail shall be deemed to have been received when the e-mail is shown to have arrived at the recipient's server. As proof of this, it is sufficient that the letter or e-mail was correctly addressed and, where appropriate, correctly stamped or sent as a registered letter with acknowledgement of receipt.
14. Final provisions
14.1 Failure or delay by you or us in exercising any right under these terms and conditions or any contract shall not be deemed to be a waiver of that right, and shall not affect any other or further event or prejudice any right or remedy in respect thereof or in any way affect or modify our or your rights under these terms and conditions or any contract.
14.2 If any clause in these terms and conditions or any contract is or is declared invalid or unenforceable, that invalidity or unenforceability shall not in any way affect the validity or enforceability of any other clause of these terms and conditions in whole or in part.
14.3 The customer is not permitted to transfer any agreement to which these conditions apply or any right or obligation arising therefrom in whole or in part to a third party without the prior written consent of STVV.
14.4 Nothing in these terms and conditions or in any agreement shall create or be deemed to create a partnership, agency or employer-employee relationship between you and us.
14.5 No person who is not a party to these terms and conditions or to a contract can thereby acquire rights or assert rights to any provision of these terms and conditions, even if that person relies on such a provision or has indicated to either party their agreement with any provision of these terms and conditions or a contract.
15. General Terms & Conditions & Privacy Policy
15.1 The provisions of our Terms and Conditions and of our Privacy Policy form an integral part of these Conditions of Sale. In the event of any conflict between provisions, the provisions of these Online Terms of Sale shall prevail.
15.2 A printed version of these Online Selling Terms and Conditions, the Terms and Conditions and the Privacy Policy and of any warning and notice delivered in electronic form, will be accepted in any judicial or administrative proceedings arising out of or in connection with these Online Selling Terms and Conditions, the Privacy Policy and the Terms and Conditions, in the same manner and under the same conditions as other documents and commercial registers created and kept in printed form. All rights not expressly ceded in this document are reserved.
16. Governing Law and Disputes
16.1 All agreements to which the present conditions apply are governed by Belgian law.
16.2 For all disputes that may arise in connection with these terms and conditions or the Online Services to which they apply, the courts of the registered office of Grensverleggend NV shall have exclusive jurisdiction.