Terms & Conditions
In these Terms and Conditions, the following terms shall have the following meanings:
Retailer: the legal person (Shak-Shuka.com) providing distance contracts for products to consumers;
Consumer: the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with the retailer;
The Retailer’s identity
These General Terms and Conditions apply to any offer from the Retailer and to any distance contract concluded by the Retailer and the Consumer.
The offers contain a full and accurate description of the product offered to the extent that is reasonable. Pictures are as much as possible truthful images of the products offered. Obvious errors or mistakes in the offer are not binding for the Retailer.
The offer will clearly indicate:
− the price including taxes;
− any shipping costs, if applicable;
The contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
The Retailer will promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
The Retailer will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment.
The Retailer may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Retailer has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
Right of withdrawal
When purchasing products, the Consumer has the option to repudiate the contract without specifying any reasons for a period of 7 days. This period starts on the day the product is received by or on behalf of the Consumer.
The Consumer is obliged to inform the Retailer of the item(s) being returned during this period, as well as proceed to return the items to our Shipping address as stated on the invoice.
During this period, the Consumer shall handle the product and the packaging with extreme care. The Consumer shall only unpack or use the product to the minimum extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and in the original condition and packaging to the Retailer.
Costs in case of withdrawal
Should the Consumer exercise the right of withdrawal, the returning costs are at the Consumer´s expense, as well as the shipping costs incurred by the Retailer.
If the Consumer has made a payment, the Retailer shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
Exclusion of the right of withdrawal
The following products are excluded from the right of withdrawal:
a. Products that were realised according to the Consumer’s specifications;
b. Products that are obviously personal in nature and for hygiene reasons cannot be resold (including but not limited to underwear, swimwear, portable toilets);
All prices indicated in the provision of products or services are including VAT.
Prices may be modified by the Retailer before the Customer makes a purchase. After the purchase contract has been agreed upon, the product prices will not be modified for the Consumer. Some products that may have additional shipping costs as stated in the product detail pages. The additional charges will be communicated to the Consumer before the contract is validated and executed.
Conformity and Guarantee
The Retailer guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
Delivery and execution
The Retailer shall exercise the best possible care when booking and when executing product orders.
The place of delivery is at the address given by the Consumer to the company.
If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer will be informed about this within one week after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge.
In the event of repudiation under the preceding paragraph, the Retailer will return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
The risk of loss of and/or damage to products remains with the Retailer until the time they are delivered to the Consumer.
Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled before the delivery of the goods. The Consumer may not assert any right regarding the execution of that order or the provision of the service in question before the full payment has been made.
The Consumer has the duty to inform the Retailer promptly of possible inaccuracies in the payment details.
In case of non-payment on the part of the Consumer, and subject to legal restrictions, the Retailer is entitled to charge any predetermined reasonable costs incurred to the Consumer.
Complaints about the performance of the contract or products shall be submitted to the Retailer via email fully and clearly described within a reasonable time after the Consumer has discovered the defects.
The complaints submitted with the Retailer will be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Retailer will respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
Contracts between the Retailer and the Consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
Amendments to these Terms and Conditions may be posted and are valid only after they have been published in the appropriate way on shak-shuka.com, provided that the provision that is most favourable to the Consumer shall prevail in case of appropriate amendments during the validity of the offer.
We respect your privacy. Personal information you provide when registering for an account, updating an account, and placing an order will be kept strictly confidential and will not be sold, leased, or otherwise disclosed unless required by law.
Shak-Shuka is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Personal information you provide will be used to process payments for orders and ship products. Occasionally, contact information may be used to send news or promotions with your consent.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
This website and its content is copyright of Shak-Shuka- © Shak-Shuka 2009-2012. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
you may print or download to a local hard disk extracts for your personal and non-commercial use only
you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.