General Terms and Conditions
Brief summary
- When you place an order with Gamegear, you agree to the General Terms and Conditions.
- Check the product and packaging upon delivery before opening it.
- If you receive an item that does not match the item description on the site, Gamegear can replace your item or refund the amount.
However, this is only possible with an unopened package and undamaged item. - It may exceptionally happen that delivery times are not met. Gamegear cannot be held responsible for this and is not obliged to provide compensation.
- Gamegear reserves the right to refuse orders.
- No rights can be derived from the information on this website (images, descriptions, delivery times, prices, and others). All are subject to errors and changes.
- You have a 14-day right of return/cancellation, so please inform us in a timely manner.
Company information
- Gamegear, Emmanuel Rollierstraat 7
- 2830 Willebroek, Belgium
- info@gamegear.be
- VAT BE1018.632.137
Article 1: General provisions
The e-commerce website of Gamegear, with registered office at Emmanuel Rollierstraat 7 - 2830 Willebroek - Belgium, VAT BE1018.632.137, (hereinafter 'Gamegear') offers its customers the opportunity to purchase products from its online store.
These General Terms and Conditions ("Terms") apply to every order placed by a visitor of this e-commerce website (“Customer”). When placing an order through Gamegear's online store, the Customer must expressly accept these Terms, thereby agreeing to the applicability of these Terms, to the exclusion of all other terms. Additional terms from the Customer are excluded unless they have been expressly accepted in writing by Gamegear in advance.
Article 2: Prices
All prices mentioned are expressed in EURO, always including VAT and all other taxes or charges that the Customer is obliged to bear. All orders must be paid in advance or upon collection/receipt.
If delivery, reservation, or administrative costs are charged, this will be stated separately.
The price stated applies solely to the items as described verbatim. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalogue and the e-commerce website are compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind Gamegear. Gamegear is only obliged to a best-efforts commitment regarding the accuracy and completeness of the information provided. Gamegear is in no case liable for manifest material errors, typographical or printing errors.
If the Customer has specific questions regarding e.g. sizes, colour, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance.
The offer is valid as long as stocks last and can be adjusted or withdrawn by Gamegear at any time. Gamegear cannot be held liable for the unavailability of a product. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
Article 4: Online Purchases
The Customer has the choice between the following payment methods:
- Via Bancontact or iDeal
- Via Visa or Mastercard (upon request)
- Via bank transfer to account number BE36 0689 5476 6781
Gamegear is entitled to refuse an order due to a serious shortcoming by the Customer regarding orders in which the Customer is involved.
Article 5: Delivery and execution of the agreement
Items ordered through this web store will be delivered within the European Union.
Delivery is carried out by bPost, PostNL or DPD. The costs associated with this are calculated based on the service and location. These costs are calculated and determined before the order is completed so that the customer is aware of the costs for placing the order.
Unless otherwise agreed or explicitly stated on the website (each product has a delivery time indication on both the catalogue page and the product page), the goods will be delivered to the Customer's residence within 30 days of receipt of the order.
Any visible damage and/or qualitative shortcoming of an item or other shortcoming in the delivery must be reported by the Customer immediately to Gamegear.
The risk of loss or damage passes to the Customer from the moment he (or a third party designated by him, who is not the carrier) has physically taken possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the Customer's carrier has been instructed to transport the goods and this choice was not offered by Gamegear.
Article 6: Retention of Title
The delivered items remain the exclusive property of Gamegear until full payment has been made by the Customer. The Customer agrees to inform third parties of Gamegear's retention of title if necessary, e.g. to anyone who might seize the items that have not yet been fully paid for.
Article 7: Right of Withdrawal
If the item does not meet expectations, you have the legal right to withdraw from the purchase within 14 days of receiving the item without giving any reason.
The item must be returned to us in an undamaged condition (no scratches, dirt, or other signs of use). If this is not the case, we have the right to refuse a full refund and/or charge for any depreciation.
The customer has the option to either exchange the item for another product of the same value, receive a coupon worth the purchase price of the relevant product, or request a refund.
If the product has not yet been shipped and you wish to cancel the order, this can of course be done free of charge. Transaction fees (if we are allowed to refund the payment using the same payment method) and shipping costs will also be refunded.
The return shipping is done at your own cost and responsibility. Please note that returning large items such as a gaming chair can quickly cost more than a standard package. Within the Benelux, the costs for returning small packages range from €6 to €15. Large shipments outside of standard size can amount to €45. Outside the Benelux, this is €15 for small packages and €70 for oversized shipments. These prices are indicative and depend on the carrier and service used.
The customer is liable for any depreciation of the goods resulting from their use that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods. They must handle and inspect the goods with appropriate care.
If these rules are not observed, we are not obliged to take back the items and reverse the payments. When the order you placed is delivered to your home, you must check whether the delivered item matches the order you placed with us.
To exercise the right of withdrawal, you must inform us (Gamegear - Emmanuel Rollierstraat 7 - 2830 Willebroek - Belgium) within 14 days via an unequivocal statement (e.g. in writing by post, fax or email) of your decision to withdraw from the agreement. You can use the online return form for this, but you are not obliged to do so, or by email at info@gamegear.be. Be sure to mention your order number so we can assist you quickly. We will then send you an email confirmation of your withdrawal.
We may wait to refund until we have received the goods back, or you have provided evidence that you have returned the goods, whichever is earlier.
The consumer must return the goods within 14 days of the day on which he communicated his decision to withdraw from the agreement to the company.
Exceptions to the right of withdrawal:
- The following items cannot be returned under the right of withdrawal:
- The delivery of goods made to the consumer's specifications, or clearly intended for a specific person; e.g. a controller with your own name on it.
- The delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery; e.g. earplugs and in-ear headsets.
- The delivery of sealed audio and sealed video recordings and sealed computer software whose seal has been broken after delivery; e.g. prepaid card and games with a key.
- The delivery of digital content not supplied on a tangible medium, if the performance has begun with the express prior consent of the consumer and provided the consumer has acknowledged that they lose their right of withdrawal; e.g. digital version of your game key.
Article 8: Warranty
Under the law of 21 September 2004 concerning the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial warranty does not affect these rights.
To invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer's home, the Customer must contact the Gamegear customer service and return the item at their own expense to Gamegear.
Upon discovering a defect, the Customer must inform Gamegear as soon as possible. In any case, any defect must be reported within a period of 2 months after it has been identified by the Customer. After that, any right to repair or replacement expires.
The (commercial and/or legal) warranty does not apply to defects arising from accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, modifications or alterations to the item, rough handling, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest after a period of 6 months following the date of purchase, or delivery if applicable, are deemed not to be hidden defects, unless proven otherwise by the Customer.
The warranty on second chance products is limited to 1 year.
Article 9: Customer Service
The customer service of Gamegear can be reached via email at info@gamegear.be or by post at the following address:
- Gamegear
- Emmanuel Rollierstraat 7
- 2830 Willebroek
- Belgium
Any complaints can be directed here.
Article 10: Sanctions for Non-Payment
Without prejudice to the exercise of other rights held by Gamegear, the Customer shall be liable for interest of 10% per annum on the unpaid amount from the date of default, automatically and without notice, in the event of non-payment or late payment. Furthermore, the Customer shall be liable for a flat-rate compensation of 10% on the relevant amount, with a minimum of 25 euros per invoice, automatically and without notice.
Without prejudice to the foregoing, Gamegear reserves the right to reclaim items that have not been (fully) paid for.
Article 11: Privacy
The data controller, Gamegear, respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.
The personal data you provide will only be used for the following purposes: the execution of the concluded agreement, processing the order, sending newsletters, advertising and/or marketing purposes.
You have a legal right to access and, if necessary, correct your personal data. Upon proof of identity (copy of identity card), you can make a written, dated and signed request to:
- Gamegear
- Emmanuel Rollierstraat 7
- 2830 Willebroek
- Belgium
You can also use this address to obtain a free written statement of your personal data. If necessary, you can also request to correct any data that may be incorrect, incomplete or not relevant.
In the event of data being used for direct marketing: You can object free of charge to the use of your data for direct marketing. For this purpose, you can always contact:
- Gamegear
- Emmanuel Rollierstraat 7
- 2830 Willebroek
- Belgium
We treat your data as confidential information and will not pass it on, rent it out or sell it to third parties.
The customer is responsible for keeping their login details confidential and for the use of their password. Your password is stored in an encrypted format, so Gamegear does not have access to your password.
Gamegear keeps online (anonymous) visitor statistics to see which pages of the website are visited to what extent.
If you have any questions about this privacy statement, you can contact us at Gamegear.
Gamegear is responsible for the secure transfer of the data provided by the consumer.
Article 12: Use of cookies
During a visit to the site, 'cookies' may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.
Gamegear uses the following cookies:
- ‘First party cookies’ are technical cookies used by Gamegear and are intended to ensure the site functions optimally.
- ‘Third Party cookies’ from Facebook, Twitter, and Google Analytics.
You can set your internet browser to refuse cookies, to receive a warning when a cookie is installed, or to delete cookies from your hard drive afterwards. You can do this through your browser settings (via the help function). Please note that certain graphical elements may not display correctly, or that you may not be able to use certain applications.
By using our website, you agree to our use of cookies.
Article 13: Invalidity - non-waiver
If any provision of these Terms is declared invalid, illegal or void, this shall in no way affect the validity, legality and applicability of the other provisions.
The failure at any time by Gamegear to enforce any of the rights listed in these Terms, or to exercise any right hereunder, shall never be considered a waiver of such provision and shall never affect the validity of these rights.
Article 14: Amendment of terms
These Terms are supplemented by other terms explicitly referred to, and the general sales conditions of Gamegear. In case of contradiction, these Terms shall prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups may serve as evidence.
Gamegear has endorsed the Regulations of the UNIZO e-commerce label. A copy of these Regulations and access to the UNIZO complaints procedure is available at http://www.unizo.be/ecommercelabel/.
Article 16: Applicable law – Disputes
If something does not go as planned and we cannot resolve it together, you can always appeal to the ODR platform (Online Dispute Resolution) of the European Commission. They will act as an intermediary so that we can still reach a good solution together.
More information can be found athttp://ec.europa.eu/odr
Furthermore, Belgian law applies, with the exception of the provisions of international private law regarding applicable law.
Finally, Gamegear has endorsed the Regulations of the UNIZO e-commerce label. This regulation is available at https://www.unizo.be/sites/default/files/reglement_-_13_januari_2017.pdf where you can also go to resolve complaints or disputes out of court through the UNIZO complaints procedure.
Article 17: Force Majeure - Custom PCs
17.1 DefinitionForce Majeure refers to any circumstance beyond the reasonable control of Gamegear, which was unforeseeable at the time of concluding the Agreement and whose consequences could not reasonably be avoided or overcome, and which makes the performance of the Agreement temporarily or permanently impossible. Examples include (but are not limited to): natural disasters, fire, government measures, general shortages of raw materials or components from all suppliers, or serious disruptions of supply chains.
17.2 NotificationIn the event of Force Majeure, Gamegear will promptly notify the customer in writing — by email or via the website — stating the cause, the estimated duration (if known), and the obligations that cannot or will not be fulfilled as a result.
17.3 Temporary Force Majeure — suspensionIf the Force Majeure is temporary, Gamegear is entitled to suspend the performance of the Agreement for the duration of the Force Majeure, without being liable for damages.
In such cases, both parties will consult on a reasonable new delivery period.
17.4 Prolonged or permanent Force Majeure — dissolutionIf the Force Majeure lasts longer than30 calendar days, or is of a permanent nature, bothGamegear and the customerthe right to terminate the Agreement in writing, without any party being liable for damages.
The termination is communicated to the other party by email and takes effect on the date of that notification.
17.5 Settlement upon terminationIn the event of termination due to Force Majeure, the following applies:
- Gamegear invoices only for work that has demonstrably been carried out at the time of termination (such as already ordered and paid components, or already assembled parts).
- Amounts that the customer has already paid and that do not cover performed work will be refunded within14 calendar daysafter termination.
- Gamegear provides a summary of the costs incurred upon the customer's request.
17.6 No liabilityNeither party is liable for any damage directly resulting from a situation of Force Majeure as described in article 17.1.