1. Company data
Company name: iRepairshop
Address: Veldeken 3, 9240 Zele, België
Email address: email@example.com
Phone number.: 051 79 13 98
Company no.: 0671.784.584
Register of Legal Entities: Gent, Dendermonde division
2.1. These general terms and conditions apply to and are also inseparable part of all offers, quotations, invoices and services relating to IRepairshop BVBA located at Veldeken 3, 9240 Zele, Belgium, 0671.784.584, trading under the name IRepairshop (hereafter "IRepairshop"), as well as specifically to all orders and purchases by and deliveries to the customer in the context of IRepairshop's web store at www.irepairshop.be and any other agreements between IRepairshop on the one hand and the customer on the other.
2.2. By "customer" is meant any (legal or natural) person who calls upon the services of IRepairshop, as a client, or other, as well as who orders and/or buys goods from or through IRepairshop, through the webshop or other means.
2.3. When placing an order through IRepairshop's webshop, the customer must explicitly accept the present General Terms and Conditions (hereafter "Terms and Conditions"), thereby agreeing to the applicability of these Terms and Conditions.
2.4. Deviation from these Terms and Conditions is only possible if the parties have explicitly stipulated and agreed in writing. These Terms and Conditions take precedence over any terms and conditions of the customer which are unreservedly waived.
2.5. A deviation from these General Terms and Conditions granted in accordance with the previous paragraph cannot be considered a final amendment to these Terms and Conditions. In such a case, the remaining terms of these general terms and conditions for which no explicit and written deviation has been agreed upon shall remain in full force and effect.
2.6. Should one or more of the terms or part of a term of these general terms and conditions be declared null and void, such nullity shall not affect the validity of the other terms of these terms and conditions, which shall remain in full force and effect. The parties shall immediately and in good faith negotiate a valid term to replace the null and void term, which corresponds as much as possible to the purpose of the null and void provision.
2.7. The customer acknowledges that electronic communications and backups may serve as evidence.
2.8. In case of any ambiguity or conflict between the terms of the Dutch-language General Conditions and the English-language General Conditions, the Dutch-language version of IRepairshop's General Conditions shall prevail.
3. Offers and price offers
3.1. Unless otherwise explicitly agreed, IRepairshop's offers are valid for ten (10) calendar days only.
3.2. The online catalog and other information on the web store of iRepairshop are prepared with the utmost care to enable the Customer to make a proper assessment of the goods. However, it is possible that the information offered is incomplete, contains material errors or is not current. Obvious mistakes or errors in the offer do not bind iRepairshop. iRepairshop is as to the accuracy and completeness of the information offered only to an obligation of means and is in no case liable in case of manifest material errors, typesetting or printing errors.
3.3. Images, drawings, sizes, weights, colors or other properties displayed by iRepairshop on the webshop attempt to provide a faithful representation of the goods, services and/or digital content on offer. They serve as an indication only and minor deviations are therefore not at the risk and expense of iRepairshop.
3.4. If an offer is made under certain conditions or has a limited validity period, it is always subject to change. This offer is only valid for that period or under those conditions for as long as it is indicated.
3.5. The offer is valid while supplies last and iRepairshop reserves the right to modify or withdraw it at any time. iRepairshop cannot be held responsible for the unavailability of a product.
3.6. iRepairshop is liable for the commercial information provided only in case of gross error or intentional mistake.
3.7. A service agreement ("Order") between the Customer and iRepairshop, such as regarding repairs, is only established when the Order is confirmed to the Customer by iRepairshop in writing. iRepairshop reserves the right to refuse the Order.
3.8. Changes and/or extensions to the Order are only binding if agreed in writing between the parties.
3.9. Obvious clerical errors or mistakes in iRepairshop's quotations or offers release iRepairshop from its compliance obligations and/or any obligations to compensation resulting therefrom, even after the conclusion of the sales agreement or Order.
4.1. The prices stated for the goods and/or services are those stated for the goods or other offers on the webshop, the quotation or order form. All prices are expressed in EURO, including VAT as well as other taxes, duties and charges that may be attached. Any increase in the VAT rate in the period between the order and the delivery shall be at the expense of the buyer. Orders are invoiced at the prices and conditions in force at the time of acceptance of the order.
4.2. Prices are valid only for the period specified in the offer or quotation. iRepairshop reserves the right to adjust its prices at any time.
4.3. The prices displayed on the webshop correspond only to the specifications and properties (quantities, sizes, weights) that are verbatim attributed to the corresponding goods and offers. If the Customer has the option of composing certain features of the offers in accordance with his/her preference, the Customer shall be obliged to pay the total price of the combined goods.
4.4. The possible charging of administrative costs, reservation costs or freight, delivery, or postage costs shall always be stated separately. If these costs are unknown in advance and cannot be calculated, iRepairshop will always explicitly mention any additional variable costs.
4.5. Any additional services beyond the main contractual obligation will be invoiced separately.
5. Execution, delivery and deadlines
5.1. The Customer is bound by the online purchase from his/her acceptance upon placing the order and corresponding agreement to these Terms and Conditions.
5.2. Once the Customer has placed an order, iRepairshop will send a confirmation email with an overview of the order to the Customer within three (3) days at the latest, via email to the email address provided by the Customer. This order confirmation will include information about the order date, payment date and expected delivery time.
5.3. Only the order confirmation signed by iRepairshop commits iRepairshop. A start of execution counts as confirmation unless it is made under reservation. Orders taken by a representative or an employee of iRepairshop are only valid after written confirmation by an authorized person who can commit the company.
5.4. iRepairshop reserves the right to refuse an order at any time, subject to written declaration, due to a failure of the Customer regarding the order or any other agreement with iRepairshop involving the Customer.
5.5. If the order cannot or can only be partially carried out, iRepairshop will inform the Customer in a timely manner and possibly propose a substitute product. If the Customer does not agree to the proposed alternatives, there will be no agreement between iRepairshop and the Customer. All corresponding payments will then be refunded without delay. The Customer is not entitled to any form of compensation for this.
5.6. Cancellation can and is free of charge during the first 14 days after invoice date. In case of cancellation after these 14 days, the Customer shall owe a fixed compensation of fifteen (15) % of the price of the order, barring proof of higher damages by iRepairshop. This compensation covers fixed and variable costs and possible loss of profit. Cancellation is only possible up to 31 days after the invoice date.
5.7. Goods are delivered as stipulated in the order form or on the front of the invoice.
5.8. Goods ordered through the iRepairshop webshop will only be delivered in Belgium, Germany, France, Luxembourg and the Netherlands.
5.9. The place of delivery is the (home) address the Customer gave iRepairshop when placing the order. If the Customer has to pick up the order at a branch of iRepairshop or other predetermined pick-up point and fails to do so, a storage fee may be charged. In the period after the predetermined pickup date and the moment the Customer actually comes to pick up the order, the Customer bears all risks, cases of force majeure or destruction regarding the uncollected goods.
5.10. The Customer is always responsible for a wrongly communicated delivery address. iRepairshop cannot be held responsible for any damage and/or (additional) costs resulting from a wrongly communicated delivery address.
5.11. Delivery terms are those indicated on the order form or confirmation email. All specified delivery and execution terms are purely indicative and therefore not binding, unless expressly agreed otherwise in writing with the Customer.
5.12. Orders placed on the website constitute a "distance contract", the execution of which in principle takes place within thirty (30) days after confirmation of the order by iRepairshop. The goods ordered will be delivered to the Customer's given (home) address within this period, unless otherwise agreed or expressly stipulated by iRepairshop. Failure to deliver the goods in question within the aforementioned delivery period of (30) days may not give rise to compensation or dissolution of the agreement. In such a case, the Customer shall request iRepairshop to make the delivery within an additional period appropriate to the circumstances.
5.13. The Customer retains the right to terminate the agreement only if iRepairshop falls short of its obligation to deliver the order to the specified delivery address within the additional time period specified in the previous article. In such case of termination, iRepairshop will refund all amounts paid in connection with the undelivered order promptly and at the latest within fourteen (14) days after termination of the agreement.
5.14. iRepairshop relies on external parties (i.e. bpost) to deliver ordered goods to the Customer. The Customer is responsible for enabling delivery at the agreed place in the presence of the Customer or a third party designated by the Customer. If the Customer is absent at the time of delivery, the Customer must follow the procedure proposed by the external carrier.
5.15. The delivery of the ordered goods comes into effect from the moment they have been physically offered to the Customer or designated third party recipient. If an offered delivery is unsuccessful due to a shortcoming by the Customer or the third party recipient designated by the Customer, the costs of a new delivery attempt shall be borne entirely by the Customer.
5.16. The Contract between the Customer on the one hand and iRepairshop on the other starts from the order of goods by the Customer and is deemed to be completed after full payment by the Customer on the one hand and delivery by iRepairshop on the other.
6. Payment and online purchases
6.1. At the time the order is placed by the Customer, payment will in principle be handled immediately and completely electronically. iRepairshop accepts the following means of payment on its webshop for this purpose:
No additional costs are associated with the use of these electronic means of payment.
6.2. However, the Customer has the option to pay after placing the order:
Cash on collection
The goods will be shipped only after receipt of payment.
6.3. In case of payment by invoice, the Customer is obliged to pay the invoices within ten (10) days from the invoice date, unless otherwise agreed in writing. In the event of non-payment on the due date, the Customer shall automatically and without notice be liable to pay interest on an annual basis at the discount rate of the National Bank of Belgium plus 2%. The mere expiry of the due date shall constitute notice of default in accordance with Article 1139 of the Civil Code. In the event of non-payment within one month of the due date, the Customer shall also be liable for compensation of 10% on the total amount of the invoice (Incl. VAT and with a minimum of fifty (50) EUR), by law and without notice of default. If the Customer remains in default after a reminder has been sent, the invoice amount shall be increased by a further 10% (with a minimum of fifty (50) EUR).
6.5. Any non-payment of an invoice by the due date or any default in payment shall render all invoices, even those not yet due, which have already been drawn up and transmitted to the Customer at that time claimable and shall automatically cancel any payment facility or cash discount for the future.
6.6. Without prejudice to the foregoing, iRepairshop reserves the right to take back goods not (fully) paid for.
6.7. Without prejudice to the foregoing provision, in case of dispute the invoice must be protested in a reasoned manner within eight (8) days of receipt by registered letter.
6.8. The Customer is obliged to immediately inform iRepairshop of any inaccuracies in payment details provided or mentioned.
6.9. Unless otherwise stipulated in the agreement or additional conditions and when the Customer is a natural person, the amounts owed by the Customer must be paid within fourteen (14) days of the start of the reflection period, or in the absence of a reflection period within fourteen (14) days of the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the Customer receives the confirmation of the agreement.
7. Gift vouchers
7.1. As far as not deviated from in this article 7, all other terms of these general conditions apply to the purchase and use of gift vouchers (also called "gift cards") at iRepairshop. Only gift cards issued by iRepairshop through its online store at www.irepairshop.be or through one of its official affiliates count as redeemable gift cards.
7.2.The Customer can purchase a gift card online at iRepairshop's web store. After payment, the Customer will receive an order confirmation and the gift card will be sent by email in PDF form.
7.3. The value (in euros), validity period, expiration date and other general or special conditions for the purchase and use of the gift card apply as stated on the gift card.
7.4. The amount mentioned on the gift card is in euros.
7.5. The Customer can only use the gift card in the official branches of iRepairshop or via its web store on iRepairshop.be.
7.6. After the expiration date, mentioned on the gift card, it can no longer be used or renewed.
7.7. It is not possible to use gift cards for already open orders.
7.8. It is not possible to purchase a gift card by using another gift card or discount code issued by iRepairshop. This also applies to an order in which the purchase of one or more gift cards are cumulated with other products or services of iRepairshop.
7.9. The use of the gift card is only valid for the full amount mentioned on the gift card. The gift card can only be used once and no retention or refund of any residual value is possible. If the Customer uses the gift card for an amount less than the value of the gift certificate, the Customer loses the residual value.
7.10. The following characteristics apply to the gift cards of iRepairshop:
- The use of the gift card is not linked to a minimum or maximum order value;
- The gift card or its residual value cannot be refunded or exchanged for cash;
- The gift card is valid for one year from the date it was created
- The customer cannot exchange or return the gift card;
- Loss or theft of the gift card does not entitle to reimbursement or replacement.
7.11. iRepairshop reserves the right to refuse acceptance of all gift cards for which it has a substantiated suspicion that they were forged or were the subject of any form of fraud.
7.12. The right of withdrawal of the Customer in his capacity as a consumer for an online purchase of a gift card is excluded. This given the gift cards can be personalized according to the specifications of the Customer, such as the amount, name, validity period, etc.
8. Retention of title and transfer of risk
8.1. Ownership of delivered goods is transferred to the Customer only after full payment of the price, in principal, interest and costs. Until then, the goods remain the exclusive property of iRepairshop. The Customer undertakes, if necessary, to inform third parties of iRepairshop's retention of title, e.g. to avoid any risk of seizure of goods not yet (fully) paid for.
8.2. The above provision does not affect the transfer of risk. All risks, including but not limited to loss, damage, destruction or cases of force majeure, are transferred to the Customer as of delivery to the Customer or a third party recipient designated by the Customer. Storage of the goods pending collection is at the Customer's risk. The Customer shall provide delivery facilities at the delivery address. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier was instructed by the Customer to transport the goods and this choice was not imposed by iRepairshop.
8.3. The costs and risk of loss or damage related to the (return) shipment of goods to iRepairshop are entirely the responsibility of the Customer until iRepairshop has received and scanned the shipment. iRepairshop can therefore never be held responsible for any damage or loss of goods occurred during transport or delivery of (return) shipments to iRepairshop. The above provision applies to any way the Customer sends the goods to iRepairshop, such as when exercising the right of withdrawal or otherwise. The Customer is always obliged to strictly follow iRepairshop's return instructions and to properly insure, pack, address and frank the shipments.
8.4. Any visible damage and/or qualitative deficiency of a product or other shortcoming in delivery must be reported by the Customer to iRepairshop without delay.
9. Conformity and warranty
9.1. The Customer must, on pain of forfeiture, invoke the visible or non-conforming defects, damage and/or qualitative deficiency of a product or other shortcoming in the delivery without delay in writing by registered letter within five (5) days of the Customer's knowledge of the alleged defect. The liability of iRepairshop in this context is limited solely to the repair or exchange of the non-conforming goods free of charge, excluding all costs or damages. The Customer shall check each delivery of goods immediately upon receipt.
9.2. Charged services (Orders) are deemed to be definitively accepted if they are not contested within eight (8) days of the invoice date, not including the date of the invoice, by registered letter to the attention of iRepairshop, Veldeken 3, 9240 Zele, stating well-founded reasons.
9.3. After acceptance of the goods and/or services delivered, iRepairshop's liability, except in cases of intent or gross negligence, is limited to any hidden defects and the warranty for goods mentioned in article 10.
10. Warranty goods
10.1. Pursuant to the laws of September 21, 2004 and March 20, 2022 on consumer protection when selling consumer goods, consumers have legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial warranty does not affect these rights.
10.2. iRepairshop provides warranty for 12 months after purchase of the product, unless the Customer has chosen to extend the warranty to 24 months. On the Refurbished battery, iRepairshop provides a warranty for 12 months after purchase of the device, valid from a residual capacity lower than 80%.
10.3. Hidden defects can only give rise to warranty if the warranty request is submitted by motivated letter or e-mail within two (2) months after the Customer discovered or could reasonably have discovered the hidden defect. Thereafter, any right to repair, replacement or possible compensation shall expire. Any compensation shall never exceed the price of the goods.
10.4. iRepairshop is not responsible for problems resulting from wrong and/or improper use of the product, problems due to force majeure, and due to the act or intentional fault of any person, including the Customer or his appointees/employees.
10.5. The iRepairshop warranty cannot be invoked
- in case of fall damage and/or water damage;
- in case of misuse of the product;
- in case of maintenance at another company than the seller-supplier
- in case the damage is caused by force majeure
- in case additional, not adapted equipment is connected to the sold product;
- in case of intentional damage of the product by the customer or its appointees/employees;
- in case of forgetting Apple ID passwords or access codes.
10.6. The warranty of iRepairshop is limited to repair free of charge, or to the cost of parts and labour, excluding indirect damage, immaterial damage, the cost of returning the product to the iRepairshop branches and then returning it to the Customer, and without entitling the Customer to any compensation.
10.7. To invoke the warranty, the Customer must be able to provide proof of purchase and the serial number (IMEI). Customers are also advised to keep the original packaging of the goods.
10.8. For goods purchased online and delivered to the (home) address provided by the Customer, the Customer must contact iRepairshop and return the product to iRepairshop at his/her expense.
10.9. If a lack of conformity manifests itself within the warranty period, the presumption that this lack existed at the time of delivery applies as proof to the contrary, unless this presumption is incompatible with the nature of the good or with the nature of the conformity defect, by taking into account among other things whether the good is new or second hand/refurbished.
11. Right of Withdrawel
11.1. The terms of Articles 10 and 11 apply only to Customers who, in their capacity as consumers, purchase goods online on the webshop from iRepairshop or where a "distance contract" is concluded with such Customer in any other way, as defined in Article I.8.15° Economic Law Code.
11.2. Any purchase that does not involve a "distance contract," such as a purchase made at the registered office or branch office of iRepairshop, or by a Customer in a professional capacity, do not entitle the Customer to withdraw. Any possibility of exchange or refund in such case depends entirely on the goodwill of iRepairshop.
11.3. The Customer has the right to revoke the contract within a period of fourteen (14) days without any costs other than those provided for by law and without giving reasons. This implies that the Customer renounces the purchase and returns the goods himself to iRepairshop, after which iRepairshop will refund the price already paid, without prejudice to the depreciation of the goods resulting from handling the goods beyond what was necessary to establish the nature, characteristics and functioning of the goods.
11.4. The withdrawal period shall expire fourteen (14) days from the day on which the Customer or a third party recipient designated by the Customer, other than the carrier, takes physical possession of the goods or, in the case of service contracts, the day of conclusion of contract.
11.5. To exercise the right of withdrawal, the Customer must inform iRepairshop, Veldeken 3, 9240 Zele, Belgium, firstname.lastname@example.org, by an unequivocal statement, (such as in writing by mail or e-mail) of his/her decision to withdraw from the agreement. The Customer may use the attached model withdrawal form (Annex to these Conditions) for this purpose, but is not obliged to do so.
11.6. In order to comply with the withdrawal period, the Customer must send his/her communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
11.7. The Customer must return or hand over the goods to iRepairshop Veldeken 3, 9240 Zele, Belgium, without delay and in any event no later than fourteen (14) days after the day on which he communicated his/her decision to withdraw from the contract to iRepairshop. The Customer is on time if he returns the goods before the period of fourteen (14) days has expired.
11.8. All direct costs of returning the goods shall be borne by the Customer. Return costs shall also be borne by the Customer if the goods, due to their nature, cannot be returned by ordinary post.
11.9. If the returned product is somehow reduced in value, iRepairshop reserves the right to hold the Customer liable and claim compensation for any reduction in value of the goods resulting from the Customer's use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
11.10. In exercising the right of withdrawal, the Customer undertakes to return the goods in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase.
11.11. If the Customer has requested that the provision of services begin during the withdrawal period, the Customer shall pay an amount proportionate to what has already been delivered at the time he informs us that he is withdrawing from the contract, compared to the full performance of the contract.
11.12. If the Customer revokes the agreement, iRepairshop will refund all payments received from the Customer up to that point, including standard delivery costs, to the Customer within a maximum of fourteen (14) days after iRepairshop has been informed of the Customer's decision to revoke the agreement. For sales contracts, iRepairshop may wait to refund until it has received all the goods back, or until the Customer has demonstrated that he/she has returned the goods, whichever comes first.
11.13. If the Customer has explicitly chosen a method of delivery other than the cheapest standard delivery offered by iRepairshop, iRepairshop is not obliged to refund the costs of that delivery, which are entirely the Customer's responsibility in case of exercising the right of withdrawal.
11.14. iRepairshop will reimburse the Customer with the same means of payment as the Customer used for the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged for such reimbursement.
11.15. The burden of proof regarding the exercise of the right of withdrawal lies entirely with the Customer.
12. Exclusion of right of withdrawal
12.1. I If the agreement between the Customer on the one hand and iRepairshop on the other hand is a service agreement, such as repairs of goods, and the performance of the services was provided with the explicit prior consent of the Customer, the Customer acknowledges that the full performance of the services implies the loss of the right of withdrawal.
12.2. The Customer cannot exercise the right of withdrawal for:
- The delivery of goods manufactured according to the Customer's specifications, or which are clearly intended for a specific person (such as iRepairshop gift vouchers);
- The delivery of goods which after delivery are by their nature irrevocably mixed with the other products;
- Contracts where the consumer has specifically requested the company to visit him to perform urgent repairs or maintenance there; however, where, on such a visit, the company provides additional services not explicitly requested by the consumer, or provides goods other than the replacement parts necessarily used to perform the maintenance or repairs, the right of withdrawal applies to those additional services or goods.
13. Questions and complaints
13.1. All questions, remarks or complaints can be addressed by the Customer to iRepairshop by e-mail to email@example.com or by mail to Veldeken 3, 9240 Zele, Belgium.
13.2. iRepairshop undertakes to process all questions and complaints quickly and to reply to the Customer within the shortest possible time.
14.1. iRepairshop is not liable for indirect damage, consequential damage and loss of profit, which will therefore not be compensated.
15. Force majeure
15.1. iRepairshop will in case of force majeure, such as - but not limited to - war, mobilization, insurrection, state of siege, strike or lockout, fire, lightning, flood, storm, overvoltage, illness or accident among iRepairshop personnel, company disturbances, strikes, lockout theft and exceptional traffic congestion, always have the right either to suspend its commitments for as long as the force majeure situation lasts or, if the force majeure lasts more than six months, to terminate the agreement by operation of law, without iRepairshop being liable for damages in either case.
16. Competent court and applicable law
16.1. If the courts of the Customer's place of residence do not have exclusive jurisdiction in his/her capacity as a consumer, any disputes shall fall within the jurisdiction of the courts of the district of Dendermonde, Belgium. If the dispute falls under the jurisdiction of the justice of the peace, only the justice of the peace of Dendermonde is competent.
16.2. Only Belgian law applies to the legal relations between iRepairshop and the Customer, whether contractual or extra-contractual, with the exception of the mandatory provisions of international private law on applicable law.
16.3. Customers are requested to first contact iRepairshop to solve any dispute. The Customer, in his/her capacity as consumer, can also turn to the online European consumer dispute resolution platform (http://ec.europa.eu/odr).