Terms of service

Terms of Sale

1. Information on Tontorra CommV

Company Name: Tontorra CommV
VAT Number: BE0738805448
Registered office: Scheeststraat 135, BE-1703 Dilbeek
RPR Brussels, Dutch section
Email: webshop@remcoev.be

2. Definitions

Business Day	:	every day, except Saturdays, Sundays and national public holidays in Belgium
Company	:	Tontorra CommV, a limited partnership under Belgian law with registered office at Scheestraat 135, 1703 Dilbeek, RPR Brussel, Belgium, Dutch-speaking division and VAT company number BE(0)738.805.448
Consumer	:	any natural person who is acting for purposes their trade, business, craft or profession and who purchases or may be purchasing Products over the Website
Contract	:	the agreement at distance concluded over the Website between the Company and the Purchaser with respect to the purchase of Products
Product range	:	the various Products listed on the Website offered for sale
Products	:	all goods available for purchase on the Website
Purchase Process	:	the Purchase Process as described in Section 4.1 of the Terms
Purchaser	:	any Consumer and any natural or legal person who purchases or intends to purchase (whether for professional purposes or not) Products over the Website
Website	:	the Company’s website https://www.remcoev.com/

3. Applicability

3.1. These Terms apply to all the Company's Product Range and Contracts.

3.2. These Terms shall be made available to the Purchaser, at least prior to the conclusion of the Contract, in a manner that will enable the Purchaser to store them on a durable electronic data carrier.

3.3. The Company may amend these Terms at any time. The Terms in force at the time of purchase of the Products will apply.

4. Commencement and term of the Contract

4.1. The Contract is entered into as soon as the Purchaser has completed the Purchase Process. The Purchase Process is completed when the Purchaser has checked his or her order and pressed the ‘Pay Now’ button.

4.2. The Contract and the Terms shall remain in force until all the Purchaser's and Company's obligations have been fulfilled.

5. Description of Products

5.1. Photographs and a product description (colour, sizes available, etc) shall accompany each Product.

5.2. The Company shall make all reasonable efforts to ensure that colours and product descriptions are displayed as accurately as possible. The above is only a best efforts and not a performance obligation.

5.3. The image and colour quality may vary depending on the equipment that the Purchaser uses. The Company is in no way liable for any such variation.

6. Prices

6.1. The prices of Products are the prices indicated on the Website at the time the Purchaser places an order.

6.2. All prices are shown in EUROS and include VAT.

6.3. All prices exclude delivery charges, which shall be borne by the Purchaser. No delivery charges will however apply to orders of more than 100 EUROS.

6.4. The total price, including all costs and taxes, will be displayed before the Purchase Process is completed and the order is finally placed.

6.5. Should a Product be incorrectly priced on the Website, the Company will send the Purchaser written notification of the error by email as soon as the Company becomes aware of the incorrect price. The Purchaser shall have the option of purchasing the Products or cancelling the order. The order will not be processed until the Company has received written instructions from the Purchaser within 14 days following the time when the Company notified the Purchaser of the price change. If the Company is unable to contact the Purchaser, or if the Company does not receive a reply from the Purchaser within the aforementioned period, the Company will treat the order as cancelled and send the Purchaser written notification of cancellation by email.

7. Payment and means of payment

7.1. The Purchaser may pay for the Products by any of the following means: ShopPay, ApplePay, GooglePay, PayPal, Master Card, Maestro, Visa, American Express, Bancontact and Ideal.

7.2. The Customer must immediately pay for the order once the order is definitively placed.

7.3. The Company will not start processing orders until full payment has been received.

7.4. Products shall remain the exclusive property of the Company until paid for in full.

8. Shipping and delivery

8.1. The Company shall ship orders once a week on Friday, providing they are placed by 23:59 on the preceding Thursday. This is a best efforts and not a performance obligation.

8.2. The Company will have the order delivered to the address that the Purchaser has provided to the Company during the Purchase Process. The Company shall rely on external partners such as Bpost, PostNL or DPD for this purpose.

8.3. The Purchaser shall receive confirmation by email as soon as the order has been shipped. This confirmation shall include the tracking number and the estimated delivery date

8.4. If, at the time of delivery, no one is available at the Purchaser's address, the Purchaser must comply with the instructions of the delivery service responsible for the delivery of the order.

8.5. The Purchaser should immediately inspect the Products for any damage at the time of delivery. The Purchaser should refuse delivery of any damaged Products and immediately notify the Company by sending an email to webshop@remcoev. On receiving notification, the Company shall then provide the Purchaser with the necessary instructions regarding the return of damaged Products.

9. Right to cancel an order prior to shipment

9.1. The Purchaser is entitled to cancel the order without giving any reason and at no cost prior to its shipment.

9.2. The Purchaser can cancel the order by sending an email to webshop@remcoev.

After cancelling the order, the Customer will receive an email confirming the cancellation, and the Company will refund any amounts already paid to the credit or debit card used by the Customer to pay.

9.3. The Purchaser may no longer cancel the order after receiving confirmation that the Company has shipped the order Product(s) (in accordance with Section 8.3).

9.4. Any order not cancelled (in time) will be delivered, while a Purchaser who is also a Consumer may still return one or more Products under the procedure described in Section 10.

10. Right of withdrawal and refund (applies to Consumers only)

10.1. A Consumer has a legal right to withdraw from the Contract in whole or in part during the period set out in Section 10.2.

The Consumer does not need to provide a reason for the withdrawal but is freely granted this option.

10.2. A Consumer shall have fourteen (14) calendar days to withdraw from the Contract. The start date for this period in which a Consumer can exercise the right of withdrawal may vary. The following rules shall apply:

(a) If the delivery relates to a single Product, the period shall begin on the day following the date on which the Consumer received the Product.

(b) If the delivery concerns several Products delivered on separate days, the period shall begin on the day following the date on which the Consumer received the last ordered Product.

10.3. Should the Company fail to provide the Consumer with the legally required information regarding the Consumer's right of withdrawal, the Consumer shall have twelve (12) months to withdraw from the Contract, commencing the day after the end of the initial period of fourteen (14) calendar days mentioned above. Should the Company provide the Consumer with the legally required information regarding the Consumer's right of withdrawal within the period of twelve (12) months mentioned above, the Consumer shall have fourteen (14) calendar days to withdraw from the Contract, commencing on the day following the date on which the Consumer received the information from the Company.

10.4. A Product shall only qualify for withdrawal and refund if the Consumer has handled the Product and the packaging with care. The Consumer may only unpack and handle the Product to the extent necessary to determine the nature, characteristics and functionality of the Product. The underlying principle is that Consumers may only handle and inspect the Product as they would be allowed to do in a shop.

The Consumer may not exercise the right of withdrawal in respect of:

(a) Products that, according to the Consumer's specifications or the product description, are clearly intended for a specific person (e.g. personalised items);

(b) Products that can deteriorate rapidly or are only shelf-stable in limited quantities;

(c) Products that cannot be returned for health safety or hygiene reasons and that have been opened after delivery (e.g. underwear);

Any Products that the Consumer does not wish to keep must be returned to the Company without undue delay and, in any case, no later than fourteen (14) calendar days after receipt of the order. The Products must be sent to the Company in the same manner as the Consumer received the Products.

The Consumer will receive the return address details when placing the order. All costs incurred in returning the Products shall be borne by the Consumer.

10.5. In the event of withdrawal, the Company shall have a reasonable period to refund any amounts paid by the Consumer for the Products, after first receiving and inspecting the Products. It will use Shopify for this purpose. The Company may refuse the refund if the Consumer has handled the Products in a way not permitted in a shop.

11. Guarantee

11.1. The Purchaser is entitled to a statutory guarantee period of two years. The statutory guarantee shall cover any faultiness or non-conformity of the Products that occurs within two years from the date of their delivery. Of course, this guarantee only applies to defects or deficiencies not attributable to the Purchaser's incorrect or negligent use of the Products.

11.2. The Purchaser must notify the Company of the faulty Products by sending an email to webshop@remcoev.be within a period of two (2) months following the date on which the defect is detected or could reasonably have been detected by the Purchaser.

11.3. The Company shall provide the Purchaser with instructions regarding deficiencies that occur within the statutory two-year guarantee period. On receipt of the returned faulty Product, the Company shall grant the Purchaser the option of having the Product repaired or replaced at the Company's sole expense.

11.4. The Product can only be replaced and delivered if it is still available/in stock at the Company's suppliers. If neither repair nor replacement is possible or can be carried out within a reasonable period of time, the Purchaser shall be entitled to terminate the Contract and the Company shall refund the price in accordance with Section 10.5.

12. Liability

12.1 Without prejudice to the rights and remedies granted to the Purchaser by applicable law or these Terms, the Company's liability shall be limited to direct damages and in no event shall any damages exceed the value of the ordered Products.

13. Complaint procedure

13.1. Purchasers may contact the Company about any complaints that they might have by sending an email to: webshop@remcoev.be.

13.2. They may also submit their complaints to the online dispute resolution platform provided by the European Union: http://ec.europa.eu/odr.

14. Transfer and subcontracting

14.1. The Company is entitled to transfer its rights and obligations under the Contract to a subcontractor without this affecting its rights and obligations under these Terms.

15. Use of personal data

15.1 The Company shall only use the Purchaser's Personal Data in accordance with the Privacy Policy posted on the Website.

16. Force majeure

16.1. The Company shall be neither responsible nor liable for the non-performance or any delay in the performance of its obligations under the Contract due to force majeure.

16.2. In the event of force majeure:

(a) the Company shall send the Purchaser written notification of the circumstances by email; and

(b) the Company's obligations under the Contract shall be suspended and the period for performance of the obligations shall be extended for the duration of the force majeure. The Purchaser shall be entitled to terminate the Contract if the force majeure lasts for a period of three (3) consecutive months. The Purchaser shall notify the Economic Operator in writing via webshop@remcoev.be.

17. Notifications

17.1. All written notifications made in connection with an Contract must be sent by email. Written notifications to the Company should be sent to webshop@remcoev.be with mention of order number. The Company shall send all written notifications to the Purchaser using the contact details (including the email address) provided by the Purchaser during the Purchase Process.

18. Applicable law and jurisdiction

18.1. This agreement is governed by Belgian law. The application of the Vienna Sales Convention is explicitly excluded.

18.2. The Dutch courts in Brussels shall have sole jurisdiction in the event of any dispute.

19. Miscellaneous

19.1. The invalidity of any provision or part of a provision in these Terms of Sale shall not in any way affect the validity of the remaining part of the provision or the rest of the provisions and clauses.