TERMS OF SALE

1.    DEFINTIONS

1. ‘Consumer’: a natural person who acts for purposes that are outside his trade, business, craft or professional activity;
2. ‘Contract’: means a contract for the purchase and sale of Goods;
3. ‘Goods’: means the goods sold by Us through Our Site;
4. ‘Order Confirmation’: means our acceptance and confirmation of your Order;
5. ‘Order’: means your order for Goods;
6. ‘Party/Parties’: you and/or us;
7. ‘Professional Customer’: any natural or legal person, acting for purposes within its business or professional activity;
8. ‘Site’: https://shop.reconbrothers.com;
9. ‘Terms of Sale: these terms and conditions that apply to your purchase of Goods from us;
10. ‘We/Our/Us’: the company as referred to in article 2 of these Terms of Sale;
11. ‘You/yours’: every person that enters in a contractual relationship with Us, including, but not limited to a Consumer or Professional Customer.

2.     OUR IDENTIFICATION

Who are we:

Reconbrothers BVBA

Zeelandstraat 33
2660 Antwerpen
Belgium
VAT: 0699.610.322

Contact:

Accessibility: Monday to Friday during working hours
E-mail address: shop@reconbrothers.com

3.    APPLICATION

3.1.       These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through Our Site. Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.

3.2.       These Terms of Sale apply to all purchases of our Goods. When placing an Order, you must expressly accept these Terms of Sale and agree to their application. Other terms of sale are excluded from application. The Terms of Sale do not affect the legal rights that are compulsorily granted to you pursuant to Belgian consumer protection legislation. We are not responsible for the use of these Goods, nor are we responsible for the potential licenses and/or permits which may be required by Your country of origin or where you intent to use the Goods.

3.3.       We reserve the right to amend these Terms of Sale from time to time. The version of the Terms of Sale applicable at the time of your order shall, however, remain applicable between you and us as far as the purchase is concerned.

4.    GOODS, PRICING AND AVAILABILITY

4.1.       We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. The illustrations of the Goods are as accurate as possible, to the extent permitted by technical means. Certain non-substantial characteristics of a Good may differ upon delivery from the photographs and descriptions displayed on the Site.

4.2.       Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.  Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.  However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.

4.3.       We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.

4.4.       All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order and to the extent permitted by the applicable law, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher and to the extent permitted by the applicable law, We will give you the option to purchase the Goods at the correct price or to cancel the affected part of it.  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 14 days (or longer if required by mandatory law), We will treat your Order as cancelled and notify you of this in writing.

4.5.       All prices on Our Site include VAT and are displayed in euros.  If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

4.6.       Delivery charges and taxes, will be included during the Ordering process and prior for the Order is completed. Delivery options and related charges will be presented to you as part of the Order process.

4.7.        When ordering products from Us for delivery You may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by You; We have no control over these charges. Customs policies vary widely from country to country, so You should contact your local customs office for further information. Additionally, please note that when ordering from Us, You are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and We would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

5.    ORDERS

5.1.       Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it. If you provide us with false or incorrect information, please contact us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within fourteen (14) days after Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We will pass those costs on to you.

5.2.       After placing an Order on Our Site, We will send you an Order Confirmation that includes a confirmation of the ordered Goods, full details of the main characteristics, the full price paid for the Goods and the estimated delivery date(s).

5.3.       In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 working days.

6.    PAYMENT

6.1.       Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.

6.2.       We accept the following methods of payment on Our Site: Bank transfers, Visa, Mastercard, Bankcontact, ideal, PayPal.

7.    DELIVERY, RISK AND OWNERSHIP

7.1.       All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process.

7.2.       Your Order might be delivered to you by drop shipment. This means that Our supplier delivers your Order directly to you. This means We do not have the chance to verify the Order. We only cooperate with the best suppliers, but if the Good(s) delivered do(es) not comply with your Order, we ask you to contact Us as soon as possible. The foregoing shall be without prejudice of the potential mandatory warranties which you have under the applicable law.

7.3.       It is your responsibility to enable the delivery at the agreed place in your presence or in the presence of a third party appointed by you. Delivery shall be deemed to have taken place as soon as the ordered Goods have been offered to you once. If an offered delivery is unsuccessful as a result of a shortcoming on your part or as a result of a shortcoming on the part of the third party designated by you, any costs of new delivery attempts will be entirely at your expense.

7.4.       We use reliable external parties for the delivery,such as; GLS, DHL, UPS, DPD, Bpost but not limited to. The use of external parties may have an influence on the delivery. In the event of a non-delivered Order, an investigation shall immediately be carried out at the carrier’s premises. This takes several days, during which the Order cannot be refunded or re-shipped. In such event, the start of the withdrawal period will be suspended until you have received the Goods.

7.5.       If we do not succeed in delivering the Order at the agreed time, you can request that the delivery is made within an additional period that is appropriate to the circumstances. If We fail to deliver within the additional period, you have the right to terminate the Contract. In case of termination, We will refund any sums paid as soon as possible and ultimately within fourteen (14) calendar days after termination of the Contract. Exceeding the delivery time does not give rise to any other (damage) compensation.

7.6.       Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

8.    RIGHT OF WITHDRAWAL

8.1.       This clause is only applicable to European Consumers. A Professional Customer does not have a right of withdrawal.

8.2.       If you are a Consumer in the European Union, you have a legal right to a fourteen (14) calendar days’ period within which you can cancel the Contract for any reason. A Consumer is not obliged to pay a fee or provide a motive. Of course, we would like to hear feedback so we can improve Our service.

8.3.       The fourteen days’ period begins the day after the Order is delivered. If the Order consists of multiple items and the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which the Consumer (or someone the Consumer nominates) receive(s) the final instalment of Goods.

8.4.       If the Consumer wishes to exercise the right to cancel under this Clause, he must inform Us of his decision within the fourteen days’ period. Cancellation by email or by post is effective from the date on which the Consumer sends Us his message. The Consumer can contact Us here Shop@reconbrothers.com.

8.5.       We will repay the Consumer, using the same payment method as the method of the original transaction, unless the Consumer has explicitly agreed otherwise. In this respect we may offer you an voucher, but you are free to reject this voucher and request the repayment as set out above. Refunds will be done in accordance with the applicable consumer laws. In any case, the amount refunded will never exceed the amount actually paid by the Customer.

8.6.       Please ensure that the Goods are returned to Us in no more than 14 calendar days after the day on which we are informed that the Consumer wishes to cancel under this Clause.

8.7.       If the Consumer exercises his right of withdrawal, he is responsible for the costs of returning the Goods. Even if the Goods cannot be returned by regular mail, the Consumer is responsible for the costs of returning the Goods. The Consumer will take all required steps to ensure that the Goods reach Us in the delivered condition.

8.8.       Please note that you may lose your legal right to cancel under this Clause in the following circumstances:

• If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
• If the Goods have been personalised or custom-made for you.

8.9.       The returned Goods must be returned in new condition, in its original packaging, in perfect condition and accompanied by the invoice and a fully completed return document. Any return of which the sender cannot be identified will be refused.

8.10.    Refunds will be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). If the Goods are handled in a manifestly inadmissible manner and this results in a large depreciation, We are entitled to refuse the full refund. Please note that We won’t issue a refund before We have received the Goods and have had a chance to properly inspect them. We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.

8.11.    Consumers from outside the European Union cannot rely on this clause. They have no right of withdrawal, unless otherwise expressly permitted by mandatory laws which apply to them.

9.     WARRANTY

9.1.       You must at all time use the Goods in accordance with the instruction manual which is delivered with the Goods.

9.2.       If you are a consumer in the European Union, you have a statutory warranty of two (2) years on Our Goods. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at shop@reconbrothers.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement and ultimately within two (2) weeks after discovery of the defect.

9.3.       If the Good becomes defective within the first six months after delivery, it will be assumed that the defect has existed since delivery. We must prove otherwise if we do not agree. If the defect of the goods is established more than six months after delivery, you must prove that the Goods were not conform at the time of delivery.

9.4.       This warranty includes the repair or replacement of the defective Good. If, however, it turns out that the repair or replacement is not possible, would be disproportionate for Us or would cause serious inconvenience to you, In this respect we will respect Your legal rights.

9.5.       Please note that you will not be eligible to claim under this Clause if we informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.

9.6.       Consumers from outside the European Union cannot rely on this clause. They have no warranty, to the extent permitted by the applicable law.

10. LIABILITY

10.1.    To the extent permitted, We cannot be held liable for indirect and consequential damages. Unless excluded by mandatory law, we are only liable for damages caused by non-compliance with Our obligations, if and to the extent that such damages are caused by our willful and serious misconduct. We are not liable for other errors. To the maximum extent permitted by the applicable law, We are not responsible for destructions and/or return of the Goods by customs.

10.2.    Nothing in these Terms of Sale is intended to exclude or limit your statutory rights. Furthermore, nothing in these Terms of Sale is intended to limit or exclude our liability for death or personal injury caused by Our negligence (including Our employees); or for fraud or fraudulent misrepresentation.

10.3.    Nevertheless, if we are being held liable, the amount of the compensation will be limited to the total amount paid by you for the Goods purchased on Our Site.

11. EVENTS OUTSIDE OF OUR CONTROL

11.1.    We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, destruction and/or return of Goods by Customs, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

11.2.    If any event described under this Clause occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale, we will inform you as soon as is reasonably possible and We will take all reasonable steps to minimise the delay.

11.3.    To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary.

11.4.    If the event outside of Our control continues for more than 14 working We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.

11.5.    If an event outside of Our control occurs and continues for more than 14 working days and you wish to cancel the Contract as a result, you may do so in any way you wish. You have to inform Us of your decision. You can reach Us by using the contact details at the top of these Terms of Sale.

12. DATA PROTECTION

12.1.    All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

12.2.    For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.

13. INTELLECTUAL PROPERTY

13.1.    We have the necessary intellectual property rights to offer Goods on Our Site. All intellectual property rights and derived rights to these Goods remain with Us and/or the actual rightful claimant. The intellectual property rights are understood to mean copyrights, trademark rights, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, which may or may not be patentable.

13.2.    The content of the Site is Our property. This means: texts, graphics, photos, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is forbidden to copy, publish, reproduce or use this content in any other way without written permission from Us.

14. OTHER IMPORTANT TERMS

14.1.    If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

14.2.    No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

15. LAW AND JURISDICTION

15.1.    These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the Belgian law, with the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.

15.2.    If you are a European consumer, you have the right to bring a dispute concerning these Terms of Sale before an independent body. More information can be found at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

15.3.    Any dispute concerning the interpretation or application of the Terms of Sale shall be subject to the exclusive jurisdiction of the courts located where our headquarters are situated, unless the law requires a different court.