Terms and
Conditions of Sale
Terms and Conditions of Sale
Article 1 – The Seller
Identity of the Seller
Hello Rain
Belgiëlei 84
2018 Antwerp
BE 0680 935 248
+32 475 74 87 49
Article 2 – Applicability
- These terms and conditions of sale govern all the services, products, communications and offers (a. o. by post, email, via the website…) Hello Rain supplies you with. By availing of these services, by making a purchase or by invoking such communications, you declare to agree with these terms and conditions of sale.
- To place an order or make a purchase you must be at least 18 years of age. If you are under the age of 18, we ask you to have your parents or legal guardian place your order on your behalf. Orders placed by minors may be refused.
- Hello Rain at all times reserves the right to amend and/or supplement the content of these terms and conditions of sale for whatever reason and without prior notice.
- Where one of these conditions were to be deemed invalid for whatever reason, the other terms and conditions shall remain in full force and effect.
- Hello Rain respects the Code of Conduct of the BeCommerce Quality Label.
Article 3 – Offers and orders
Offers
- Where an offer has a limited validity or is subject to specific conditions, this will be explicitly stated in the offer in question. Our offers will always contain sufficient information to ensure that it will always be clear what your rights and obligations, linked to the acceptance of a specific offer, are.
- Hello Rain will always describe what is being sold as exhaustively and accurately as possible, including how the ordering process works. The description will in any case be detailed enough to allow you to properly assess the product. Any images Hello Rain uses are a truthful representation of the products and/or services offered. Mistakes are always possible and if that was clearly the case, Hello Rain will not be obliged to supply the product in question.
Orders on the website
- Orders on the website can be placed in Dutch, English, French and German.
- To order a product, simply add it to your shopping basket. Next, you will be asked to enter your contact details and, where relevant, your billing information. Finally, you may be asked to create a profile. By creating a profile, your data will be stored so that you do not have to enter all your details again when placing your next order. Orders must be paid for online.
- After every step you will have the opportunity to correct any input errors. Lastly, you need to confirm your order by clicking the order button. By confirming your order, you agree with these terms and conditions of sale, as can be consulted on the website. Your order will be final as soon as the order confirmation page comes up.
- We will confirm your order by email. The confirmation email will come with a link to the terms and conditions of sale which you can store on a durable medium. This confirmation email serves as a contract concluded electronically. No other type of contract will be archived.
Article 4 – Right of withdrawal (cooling-off period) in the case of distance sales
- The consumer’s right of withdrawal applies only if the contract was concluded remotely (website, telephone…).
- The right of withdrawal entails that you are free to decide that you do not wish to keep the products and can be exercised for 7 days as of the time the product was delivered. In that case, the products may be returned without penalty or statement of reasons within 7 days of Hello Rain having been notified that you wish to exercise your right of withdrawal.
The direct cost associated with the return of the products are always yours to bear.
However, if we have sent you the incorrect product, we will assume the cost of returning the goods.
To exercise your right of withdrawal swiftly and correctly you can download the relevant form here and send it to the following address:
Hello Rain
Belgiëlei 84
2018 Antwerp
info@hello-rain.com
- During the cooling-off period, we expect you to handle the order and the packaging with care. If you wish to return the products as described above, you can only unpack or handle them to examine their nature, their characteristics and their functioning. If you do return the products, make sure to do so in their original packaging, their original condition and with all the paraphernalia, such as manuals, guarantee certificates and suchlike.
- Within 7 days of you having notified Hello Rain that you wish to exercise your right of withdrawal, and on condition that you effectively returned the products (or at least present us with the proof of return), the full purchase price of the product will be refunded by means of the same payment method you used to place your order.
- If you wish to swap the product for another product, make sure to contact us.
- All our contact details and ways to contact us have been published on our website under the section CONTACT.
- The right of withdrawal does not apply in some specific cases as set out in art. VI 53 Code of Economic Law (CEL), such as perishable products and products that were personalised in accordance with the customer’s instructions.
Article 5 – Price
All our prices are expressed in euro and are inclusive of all taxes, VAT, recycling costs (recupel), duties and services. In addition to the price, Hello Rain can also apply a shipping charge. This will be clearly stated before the order has become final.
Article 6 – Payments
In general
A purchase only becomes final on receipt of your payment. Payment transactions by credit or debit card will require the authorisation of the issuer of the card. We cannot be held responsible for a delay in delivery and/or non-delivery of your order if the issuer of the card declines your payment to us. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
Online payments
- To guarantee the security of online payments and that of your personal data, transaction details transmitted via the Internet are encrypted by means SSL technology. You do not need any special software to pay by means of SSL You will recognise a secure SSL connection by the “little lock” in your browser’s bottom status bar.
- For online purchases we accept the following payment methods: Visa, MasterCard, Bancontact, Payconiq, or bank transfers into our bank account: BE40 0019 9005 8363
Article 7 – Conformity and Warranty
- Hello Rain guarantees the conformity of the consumer goods it offers as set out under the consumer guarantees legislation.
- Hello Rain must be notified of any malfunction or defect within one week of the malfunction or defect having been discovered. Thereafter, any right to a product repair or replacement shall lapse.
- However, consumers are not entitled to invoke the statutory warranty for a change in delivery term, or a change in the place of delivery or for defects they were aware of at the time of purchase.
- Are inter alia excluded from the statutory warranty:
any direct or indirect damage caused to the product after it was delivered (e.g. by oxidation, shocks, dropping,…);
the replacement of supplies or accessories that must be replaced on a regular basis;
• defects caused by fire, water damage, lightening, accidents, natural disasters;
• defects caused intentionally, through negligence or improper use, poor maintenance or abnormal use or as a result of the product having been used contrary to the manufacturer’s instructions; - To invoke the warranty, you must be able to present the original invoice or proof of purchase. The warranty period starts to run on the date of delivery. The warranty can be invoked against Hello Rain only. Interventions by a third party not designated by Hello Rain, will void the warranty.
- Products that are not used for private purposes are subject to the manufacturer/importer’s restrictive warranty terms.
Article 8 – Force majeure
- In the event of a situation of force majeure, we are not obliged to fulfil our obligations. In that case, we may either suspend our obligations for the duration of the situation of force majeure or definitively terminate the contract.
- Force majeure is any circumstance beyond our will and control that prevents us from meeting our obligations in whole or in part. This inter alia include strikes, fire, business interruptions, energy shortages, malfunctions in a (telecommunication) network or connection or the communication systems used and/or our website being down at any time.
Article 9 – Liability
In general
- Wilful intent or gross negligence excepted, Hello Rain will not assume any responsibility for errors or omissions by any person, its appointees and employees included.
- Hello Rain’s liability shall at all times be limited to the direct damage sustained personally which can never exceed the purchase price of the product.
- Hello Rain is not responsible for any loss or damage while using a product.
Hello Rain cannot be held accountable for any harm visitors to its website may suffer as a result of malfunctions, interruptions or errors in the electronic publication of the website or for their inability to gain access to the website.
- Hello Rain makes every reasonable effort to ensure that the information entrusted to it is correct at the moment it is included in its files, which does not prevent that these files may always contain information that is incomplete, inaccurate or no longer up to date.
- It is forbidden to send illegal content, such as threatening, defamatory, discriminating, racist, obscene, or pornographic material in breach of the national and international legislation, from and to the website.
- Hello Rain reserves the right to remove any content sent by users from its website if that content is not consistent with the purposes of the website.
Fraudulent Internet practices
Hello Rain cannot be held responsible for Internet fraud by third parties, such as inter alia fake gift or other types of vouchers, competitions, collections, etc. In the event of doubt about campaigns, promotions and/or other activities under the Hello Rain logo, we would advise you to always contact us directly. All our contact details and ways to contact us have been published on our website under the section CONTACT.
Article 10 – Intellectual property rights
- The information published on the Hello Rain website may only be downloaded for informative private use. Any other type of use is forbidden.
- All the texts, works, drawings, images and data, including all the names, trade names, domain names, brands, logos and other components of this website are protected by intellectual property rights owned by Hello Rain, its suppliers or other beneficiaries. Partial or complete presentation, reproduction, dissemination, sale, distribution, publication, adaptation or use for commercial purposes of any kind, including the electronic storage or use for illicit purposes, without the prior written consent of Hello Rain, its suppliers or the rightful owners, except to identify products or services, is prohibited.
- Any communications you, as user, send to the Hello Rain website, shall be regarded as non-confidential and as not subject to intellectual property rights. Hello Rain does not accept any responsibility for communications such as these.
Article 11 – Complaints mechanism and disputes
- In the event of complaints about our products or services, please contact us via:
Hello Rain
Belgiëlei 84
2018 Antwerp
Belgium
info@hello-rain.com
We will do everything in our power to deal with your complaint within 7 days. - If your complaint is not resolved to your satisfaction, you are always free to contact the Consumer Mediation Service for an extrajudicial settlement of consumer disputes.
Consumer Mediation Service
North Gate II
Koning Albert II-laan 8
1000 Brussels
: 0032/2 702 52 00
Fax: 0032/2 808 71 29
e-mail: contact@consumentenombudsdienst.be
website: consumentenombudsdienst.be - The European Union has set up an online complaints platform for online purchases, known as Online Dispute Resolution:
http://ec.europa.eu/consumers/odr/ - These terms and conditions of sale are governed by Belgian law, to the exclusion of the provisions of private international law, including the Vienna Sales Convention. In the event of dispute, solely the courts of Antwerp, Division Antwerp, have jurisdiction.