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    General conditions

    General terms and conditions will be included in the order confirmation email.



    Table of contents:

    Article 1 - Definitions
    Article 2 - Identity of the entrepreneur
    Article 3 - Applicability
    Article 4 - The offer
    Article 5 - The agreement
    Article 6 - Right of withdrawal & Returns
    Article 7 - Costs in case of withdrawal
    Article 8 - Exclusion of the right of withdrawal
    Article 9 - The price
    Article 10 - Delivery and returns
    Article 11 - Warranty
    Article 12 - Payment
    Article 13 - Complaints & Disputes

    Article 1 - Definitions

    In these terms and conditions, the following definitions shall apply:

    Reflection period: the period within which the consumer can exercise his right of withdrawal;
    Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
    Day: calendar day;
    Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
    Durable data carrier: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
    Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
    Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
    Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
    Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.

     

    Article 2 - Identity of the entrepreneur

    Reswipe BV

    Leuvensesteenweg 613
    1930 Zaventem

    Email address: [email protected]

    VAT identification number: VAT BE 0795.838.577

     

    Article 3 - Applicability

    These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
    Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
    If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
    In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may rely

    Article 4 - The offer

    If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
    The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
    Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

    the price including taxes;
    the possible costs of delivery;
    the manner in which the agreement will be concluded and which actions are required for that purpose;
    whether or not the right of withdrawal is applicable;
    the method of payment, delivery and performance of the agreement;
    the period for accepting the offer, or the period within which the trader guarantees the price;
    the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    whether the agreement is archived after its conclusion and, if so, the way in which it can be consulted by the consumer;
    the manner in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by him under the contract;
    any languages other than Dutch in which the contract can be concluded;
    the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
    the minimum duration of the distance contract in case of an extended transaction.

     

    Article 5 - The agreement

    Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the terms and conditions stipulated therein.
    If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
    If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
    The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while stating reasons.
    The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

    a. the visiting address of the trader's office where the consumer can lodge complaints;

    b. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;

    c. the information on guarantees and existing after-sales service;

    d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;

    e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

    In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

    Article 6 - Right of withdrawal & Returns

    When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
    If the consumer exercises his right of withdrawal, he will return the product with all delivered accessories in original condition and unopened packaging to the entrepreneur.
    Upon dissolution of the contract, the consumer is obliged to return the relevant products within 14 days. This period starts on the day the consumer exercises his right of withdrawal.
    In order to make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.
    The right of withdrawal does not apply if the purchase or any exchange or service was made at the physical address of the company.

    Article 7 - Costs in case of withdrawal

    If the consumer makes use of his right of withdrawal, he shall bear the costs of return shipment.
    If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received back by the entrepreneur or that conclusive evidence of complete return can be provided.
    The refund will always be made via the same medium in which the payment was made. All payment costs are therefore also refunded. Only when a refund through the same medium is not possible due to third-party payment processing, the full amount excluding the payment costs will be refunded.

     

    Article 8 - Exclusion of right of withdrawal

    The trader can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer, at least in good time before concluding the contract.
    Exclusion of the right of withdrawal is only possible for products:

    a. that have been created by the entrepreneur in accordance with consumer specifications;

    b. that are returned after use.

    c. that cannot be returned due to their nature;

    d. which contain files or data of the consumer.
    f. which are returned after a manufacturing defect has been established. The guarantee procedure applies here ( see article 11 )

    Article 9 - The price

    During the validity period stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
    Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
    Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
    Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated them and:

    a. they are the result of legal regulations or stipulations; or

    b. the consumer is authorised to terminate the contract on the day on which the price increase takes effect.

    The prices mentioned in the offer of products or services include VAT.

    Article 10 - Delivery and execution

    The company will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
    The place of delivery is the address that the consumer has made known to the company.

    Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.

    The risk of loss of or damage to the product which is the subject of the agreement passes to the customer at the moment when it is actually delivered to the customer and thus comes under the control of the customer or a third party designated by the customer. Shipments from the Reswipe establishment to the customer are made via Bpost and are always in the name and at the risk of Reswipe. The cost and risk of returning an item to Reswipe shall be borne by the customer. If you as a customer enter your name and address details incorrectly or incompletely, Reswipe is not responsible for delays and losses during the dispatch process. You as a customer are responsible for providing us with the correct name and address details.
    In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
    If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

    Article 11 - Warranty

    All Refurbished iPhones are covered by the 3-year warranty period.

    *2 Years for all Refurbished iPhones purchased before 01/11/2023.

    This warranty only covers a lack of conformity already existing at the time of delivery of the goods. Are consequently excluded among others:

    - all direct or indirect damage after delivery caused to the device (e.g. by oxidation, shock fall,...), and by the device, as well as its contents;

    - defects caused by fire, water damage, lightning, accidents, natural disasters;

    - defects caused by intent, negligence or by improper handling, poor maintenance or abnormal use or use of the appliance contrary to the manufacturer's instructions;

    - damages resulting from a commercial, professional or collective use of the device.

    Reswipe reserves the right to judge the determination of damages at all times.

    Software faults are covered by the 24-month warranty period, except in case of misuse, jailbreaking or similar non-original Apple applications/accessories. Damage resulting from the above practices is not subject to reimbursement or repair, and this due to damage to the hardware of the device.

    The warranty is only valid if an appeal is made to Reswipe's after-sales service. If the customer appeals directly to the manufacturer, any costs shall be borne by the customer. In the event of intervention by a third party not appointed by Reswipe, the guarantee shall expire.

    The guarantee commences on the date of collection or delivery.

    The repair period of a mobile phone cannot be determined when it is sent to the manufacturer or repairer. Usually this is around 2 to 9 working days. However, we have no influence on the repair period from the manufacturer or repairer. Reswipe therefore reserves the right not to be held responsible for delays.


    What is covered by the warranty?

    Every Reswipe iPhone is covered by a 3-year warranty according to the legal warranty. If
    the device has been used properly, you are entitled to a free repair.

    • Microphone / Speakers
    • Wifi and network connection problems
    • Touchscreen ( when it partially or completely stops functioning)
    • Functionality of the buttons, with the exception of the touch ID.
    • Vibration module
    • Battery/battery*

    All Reswipe batteries have a minimum capacity of 85%. If you experience that the
    battery drains 'quickly' over time, it will be replaced free of charge if it has dropped to
    the warranty period has dropped to less than 70% of its original charge capacity. Should this
    not the case, but you would still like to have the battery replaced, this is of course also possible
    against transport. You can find the prices here: https://www.reswipe.be/service/herstellingen/

    What is not covered by the warranty?

    • Any physical damage to the product: screen; camera, glass
    • Damage caused by water or oxidation
    • Speaker or charging connector malfunctioning due to dust/dirt.
    • Broken camera lens or stabiliser
    • Touch ID & Face ID functionality.
    • No warranty is given on the waterproofness of the devices.

    Please note: If you return your device to us for repair and the fault falls outside the
    warranty conditions there will be a €29.95 examination and return charge before we can
    can return the device.

    Article 13 - Complaints procedure

    The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
    Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
    Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
    If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure.
    A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
    If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

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