Terms and Conditions
The following terms and conditions apply to the sale of products on this website by:
The Body and Health Store BV "StackerOnline.com" Nieuwe Binnenweg 53014 GA Rotterdam
Registered with the trade register of the Chamber of Commerce under number 28103037 and with VAT number NL8139.79.833.B01.
You can contact us by e-mail at info@stackeronline.com and by telephone at +31 (0)6 - 48 14 14 47 78 or write to us at the correspondence address above.
Article 1: Definitions
Website: StackerOnline.com/StackerOnline.nl/Stackeronline.be/Stackeronline.de hereinafter referred to as “StackerOnline”.
The Body en Health Store BV, trading under the name StackerOnline, is located in Rotterdam, Chamber of Commerce number 28103037, is referred to as the seller in these General Terms and Conditions.
The other party of the seller is referred to in these general terms and conditions as the buyer. A buyer is a natural person who is legally of adult age and who does not act in the exercise of a profession or business and with whom StackerOnline concludes an agreement.
Order: an agreement between seller and buyer for the delivery of one or more products, which has been accepted as such by StackerOnline.
Product: a product offered for sale by StackerOnline on the website.
The parties are seller and buyer together.
The agreement means the purchase agreement between the parties.
Article 2: Applicability of General Terms and Conditions
These general terms and conditions apply to all orders placed on the website by buyers within the Netherlands, Belgium, Luxembourg and Germany. StackerOnline reserves the right to amend these general terms and conditions from time to time. The most recent general terms and conditions will be posted on the Website. The buyer must always consult these General Terms and Conditions before using the website.
If a provision of these General Terms and Conditions is not valid or inadmissible, this will not limit the operation of the other provisions. We may change or otherwise edit these Terms and Conditions over time without prior notice. Please check our website regularly to see which General Terms and Conditions currently apply. If you have any questions regarding these general terms and conditions, you can always contact our customer service, reachable at +31 (0)6 - 48 14 47 78.
The Customer who accepts these General Terms and Conditions agrees and declares to be a user and to purchase items from StackerOnline for personal use and not to resell them in the context of a commercial or business activity. In order to maintain StackerOnline stock, it reserves the right to reduce the quantity of StackerOnline items that can be purchased on this website.
These conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the distance seller.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
Deviation from these conditions is only possible if this has been expressly agreed in writing by the parties.
Article 3: Orders on the website
The availability of the service
StackerOnline ships the products in the BENELUX (Belgium, Netherlands, Luxembourg) as well as Germany. To place an order on the website you must: - be at least 16 years old - be a consumer and not act in the exercise of a profession or business.
If one or more items included in the Customer's order cannot be delivered by StackerOnline (not only temporarily), StackerOnline will not be obliged to deliver; in this case, StackerOnline communicates to the customer that the ordered item is not available and any amount already received will be refunded by StackerOnline.
The sales procedure
We will use your personal information in accordance with our privacy statement, which you can consult on our website.
The buyer's personal information is required to place an order. This personal data is stored in StackerOnline's database to process the order. The personal data is used in accordance with StackerOnline's Privacy Policy.
The buyer has access at any time to the personal data and information provided by the buyer during the order. StackerOnline reminds the buyer that the personal data must be completed as accurately as possible to avoid errors regarding the shipping of the order.
After an order is placed, the buyer will receive an order confirmation email. At this time, the agreement for delivery of the ordered product has been accepted by StackerOnline. The general terms and conditions therefore come into effect and are binding for the buyer and for StackerOnline.
It may happen that the buyer does not receive an order confirmation due to temporary communication problems in the network or an incorrectly entered e-mail address. It is possible that the order did not go through properly. In both cases, StackerOnline advises the customer to contact customer service within 24 hours.
Confirmation of order
The sales agreement between StackerOnline and the Customer is concluded with the written confirmation of the order, which must be sent by StackerOnline to the Customer via electronic mail.
Refusal of the order
Although every effort is made to serve every customer, StackerOnline reserves the right to refuse placed orders for any reason. StackerOnline also reserves the right to terminate the agreement to supply a product, without assuming the obligation to compensate the buyer for losses other than the amount received by StackerOnline by the buyer for this order, in the following situations:
- in the exceptional case where the product is not available or appears to be out of stock after an order confirmation has been received by the buyer.
- The order is detected by security systems as unusual or a possible form of fraud.
- StackerOnline has reason to believe that the buyer has not reached the age of 16.
- StackerOnline has reason to believe that the buyer is acting in the exercise of a profession or business.
- In cases of spelling errors, errors regarding the price of the products or other errors on the website.
- StackerOnline is not able to deliver the product to the shipping address.
- In cases of force majeure
Article 5 Applicable law
Dutch law is applied to our terms and conditions. Any agreement for the purchase of goods from our website and any disputes arising in connection therewith are also governed by Dutch law.
Article 6 Price and payment
6.1. Value Added Tax (VAT)
All prices on the website are shown including 9% VAT (value added tax), in accordance with Dutch law.
6.2 Prices
The prices on our website are subject to change by us without notice. The prices shown at the time of the order and on the order confirmation are the prices that apply at that time.
In the event that an error or technical fault occurs and goods may be incorrectly priced, we are not obliged to supply the goods (based on this incorrect price).
In this case we will either cancel your order and refund the purchase price, or we will contact you to ask whether you wish to proceed with the order (based on the correct price). If we are unable to contact you or if you do not wish to proceed with the order (based on the correct price), we will cancel your order and refund the price you have already paid. Where the correct price of the goods is less than our stated price, we may (at our discretion) proceed with your order and charge the lower amount upon dispatch.
Unless otherwise stated, all prices include VAT (where applicable)
Any shipping costs will be notified to you in the shopping cart before you place your order.
6.4. Payment options
StackerOnline offers a variety of secure payment options, including: iDeal, Paypal, Visa, Bancontact, bank transfer, MasterCard and American Express. We use Ingenico Payments to process our payments and data relating to that context is shared between and with Ingenico Payments.
When paying by credit card, the credit card holder will be charged immediately for the transaction.
6.5. Payment security
We ensure appropriate technical and organizational measures to secure the electronic transfer of data and we ensure a secure web environment. If you pay electronically, we will ensure appropriate security measures.
Within legal frameworks, we are permitted to inform ourselves whether you can meet your payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the distance contract. If, based on this investigation, we have good reasons not to enter into the agreement, we are entitled to refuse an order with reasons or to attach special conditions to the execution.
We guarantee that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or or government regulations.
For StackerOnline, security when placing online orders is essential. All transactions are carried out via secure payment systems. The confidential payment data is transmitted directly and encrypted (SSL) to the bank.
Article 7. Delivery
The delivery of the ordered products is carried out by selected carriers. To avoid problems with delivery (incorrectly entered addresses, no persons present at the shipping address, etc.), a buyer must enter the address details correctly and check them again after placement. Once the order has been transferred to the shipping company, StackerOnline will send the buyer a track & trace code by e-mail, so that the buyer can view the status of the order at any time.
7.1. Terms of delivery
StackerOnline will do everything it can to deliver the order within the expected period. The buyer is responsible for entering the correct shipping address. In case things go wrong with the delivery due to an error in the shipping address (which can be dedicated to the buyer), StackerOnline is not responsible for (partial) loss of the order. In the event that StackerOnline requires more information for delivery, the buyer can be contacted by StackerOnline to provide additional information. This may result in a delay in delivery time.
All the above delivery conditions (including the delivery period) on the website should be regarded as expected delivery times and not guaranteed delivery times. No claim can be made regarding the delivery time.
We will make reasonable efforts to deliver the goods on the agreed date. If no date is stated, we will deliver the goods within 30 days of the day on which you place your order and it is accepted by us. In that case you have the right to terminate the agreement without costs.
After dissolution in accordance with the previous paragraph, we will immediately refund the amount you paid.
In the event of unforeseen circumstances (e.g. adverse weather conditions, unpredictable delays due to traffic jams, roadworks, diversions or mechanical failures) we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver. the goods if the delay is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we will agree an alternative delivery date with you. We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company regarding the goods that could not be delivered due to your unavailability.
7.2. Damaged, incomplete or incorrect products
In the event that the order is delivered incomplete or defective, the buyer must immediately inform StackerOnline by telephone or e-mail as soon as possible (within 24 hours after the order has been received). StackerOnline will then handle the matter; the buyer must always inform StackerOnline and wait for instructions. A buyer who returns the product at his own expense, without informing StackerOnline and waiting for instructions from StackerOnline, cannot claim any reimbursement of the costs incurred by the buyer, nor hold StackerOnline responsible for the return shipment.
In the event that a buyer receives a product that he/she did not order, the buyer must notify StackerOnline as soon as possible (within 24 hours after the order has been delivered). The buyer must arrange for the return of the product after he or she has received instructions from StackerOnline. StackerOnline will then bear the costs of return shipping and will have a new product sent to the buyer.
7.3. Missing products
If an order that has been shipped or is being shipped by StackerOnline to the buyer is missing, goes missing, or if the buyer claims that the order has not been delivered (despite information being available, such as the track & trace data provided by the carrier, indicate otherwise) the complaints procedure will be started and we will first wait for the outcome of this procedure before refunding the purchase amount or resending the product. In this case, the buyer must fully cooperate with the carrier's complaints procedure. If the order is lost due to an error by the carrier (and after the complaints procedure has been completed), StackerOnline will refund the amount transferred or resend the order.
If the order has not been delivered to the buyer's shipping address (or collection point) within 7 days, the buyer is obliged to inform StackerOnline customer service by email within 7 days.
7.4 Availability of products
Information on this website regarding availability is subject to change without notice. We cannot guarantee the constant availability of the products on this site. All orders are always subject to current availability.
Article 8. Returns
Any product ordered on the website can be returned within 14 days after it has been delivered to the buyer, without giving a reason (please note the above exception: if the product is delivered defective or incomplete, the buyer must send an e-mail email to StackerOnline customer service and wait for further instructions).
The right to return the product only applies if the product and packaging can be returned in exactly the same condition as it was delivered. The buyer is only allowed to open the packaging to assess the product and decide whether he/she wishes to keep the product. In the event of return, the product must never have been used and/or worn.
The costs for the return are borne by the buyer. For more information about the returns procedure, please visit the returns and refunds section of the website.
The Customer can only claim his right of return if the following conditions are met:
- the items, if sealed, are also returned as such, with the seal not being broken;
- the items being returned must not be used, worn, washed or damaged;
- the product label must still be attached to the item, together with the warranty;
- the items must be returned in their original packaging (or another one of equal strength), together with any accessories or manuals;
- The package must bear the address shown on the invoice (or the relative invoices if the returns form part of different purchase orders) accompanying the order and showing the customer service address. The delivery label affixed to the box must be covered.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement (e.g. in writing by post or e-mail). You can use the European model withdrawal form for this, but you are not obliged to do so. To comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
The withdrawal period expires 14 days after the day on which you or a third party designated by you, who is not the carrier, acquires physical possession of the goods.
If you have ordered multiple products in the same order: the day on which you, or a third party designated by you, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
If the delivery of a product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or part;
During the cooling-off period you must handle the product and packaging with care. You may only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that you may only handle and inspect the product as you would in a store.
You are only liable for any diminished value of the goods resulting from use of the goods that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
You must return or hand over the goods to us without delay, but no later than 14 days after the day on which you communicate to us your withdrawal from the contract. You are on time if you return the goods before the period of 14 days has expired.
You must return the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The items must be sent to - De Body en Health Store BV, for the attention of StackerOnline, Nieuwe Binnenweg 5, 3014 GA Rotterdam, Netherlands - with dispatch via courier within fourteen (14) calendar days from the date the Customer received the items . After the return of the items to StackerOnline, the sales contract will be deemed to be completely canceled and all relative obligations, rights or claims will lapse, unless the items returned to StackerOnline are damaged. In that case, StackerOnline has the right to withhold payments already made by the Customer and to return the returned products. When the returned goods are received, StackerOnline checks compliance with the aforementioned procedure and whether all conditions have been met. As soon as it can be confirmed that all foreseen conditions have been met, StackerOnline will send the Customer an e-mail confirming that the return has been accepted, and the confirmation will be sent to the credit institution or Ingenico/Paypal within 14 days after delivery of the return. sent to proceed with the reimbursement. The terms for reimbursement of the amount due depend on the customer's credit institution or Ingenico/Paypal and are under no circumstances controlled by StackerOnline. The amount must be reimbursed exclusively in favor of the Customer who made the payment.
If the aforementioned conditions are not met, the Customer is not entitled to reimbursement of the amount paid to StackerOnline; however, the Customer has the right, at his own risk and expense, to request return of the item, but if the Customer does not request the item back, StackerOnline has the right to withhold it together with the amount received in the context of the transaction.
The buyer is responsible for returning the order and assumes all risks associated with the shipment. StackerOnline advises the buyer to return the product insured. In the event that an insured return is lost, damaged, or delivery is refused (for example, if a valid signature for receipt cannot be presented by the carrier), the buyer has the option to hold the carrier responsible. In this case, the buyer, as the sender of the return shipment, must initiate a complaints procedure with the shipping company he or she used for the return shipment. The buyer must keep the shipping receipt, which states the track & trace details of the insured return shipment, so that he/she can hold the carrier liable if the return shipment is lost or damaged or if the receipt of the return shipment is disputed.
The costs of returning the order within the trial period of 14 days and the costs of returning a product due to a request for repair or warranty (in case of defects arising after use of the product by the buyer) are borne by the buyer. In the event of cancellation within the stated period, StackerOnline will refund the amount paid by the buyer to the account with which the product was paid within 14 days after the order has been returned (the costs of return will not be refunded).
Article 9. Complaints and disputes
Complaints can be submitted to us in writing (or by email at info@stackeronline.com ) and will be confirmed for receipt within 24 hours and answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, you will receive an indication from us within 14 days when you can expect a more detailed answer.
In any case, you must give us at least 4 weeks to resolve the complaint by mutual agreement. If the complaint has not been resolved after this period, a dispute arises that is subject to the dispute settlement procedure.
European Commission offers a platform for online dispute resolution, which you can find herehttp://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform for dispute resolution.
Article 10. Warranty and repair
StackerOnline offers a two-year warranty from the day of purchase. The two-year warranty guarantees the buyer that the product meets requirements of usability, reliability and durability. The warranty does not apply to the following cases:
- The product is damaged due to carelessness or improper use (such as dropping or scratching) by the buyer.
- Damage caused by a repair or adjustment by a third party without the consent of StackerOnline.
- Destruction or damage caused by water or fire (contact with water should be avoided).
- Appearance changes due to normal use of the product (such as discoloration of the straps, small scratches on the watch case).
- Replacement of the battery, even if the battery needs to be replaced within the warranty period.
In case of questions about warranty, the buyer can always contact StackerOnline customer service: info@StackerOnline.com .
Article 11. Force majeure
StackerOnline is not liable for damage or other compensation in connection with defects in the agreement due to events that cannot be attributed to StackerOnline. No liability applies, among other things, in the cases of government intervention, new/changed legislation, war, fire, flood, strikes, bans, sabotage, weather conditions, defects in the delivery of suppliers and hindrance due to criminal activities.
Article 12. Personal data and privacy
StackerOnline complies with the privacy conditions as described in the “Personal Data Protection Act”. For example, the buyer always has the option to adjust, delete or check his or her personal data by logging in to the website.
StackerOnline saves the entered data in a file. The data will only be used to complete the order and will be stored for as long as necessary to resolve any problems regarding the shipment of the order. StackerOnline guarantees that the personal data will be used carefully. The data will not be shared with a third party unless this is necessary in connection with the completion of the order or repair.
Article 13. Applicable law
Dutch law applies to the order and other agreements between StackerOnline and buyers, regardless of the buyer's place of residence and regardless of the country where the product is delivered.