General Terms & Conditions
The
present general conditions apply to all paid interventions
for household appliances carried out by WE.REPAIR. The present
general conditions do not apply to repairs under warranty. The
client acknowledges having read and accepted the present general conditions.
GENERAL
CONDITIONS
Acceptance
of the present conditions
Only the
present terms of sale apply to sales contracts concluded by
WE.REPAIR BV, unless expressly stated otherwise in writing. Consequently, the buyer
automatically accepts these conditions and thus waives their own
specific or general conditions. Any previous derogation will not be
extended, unless expressly agreed in writing by WE.REPAIR BV.
Payment
Terms
The
interventions must be paid for in cash at the time of ordering or at the latest
at the end of an intervention, in accordance with the general conditions
of distance selling that are communicated to the client at the time of ordering.
Our
invoices are payable in cash and only by QR code or credit card.
Any invoice not paid by its due date will automatically incur interest at a rate of 1% per month, from the due date. It will also be automatically increased by 15%, with a minimum of €25, as a penalty clause. In the case of sales to consumers,
the compensation is only due after the sending of a first formal notice and after
the expiration of a period of at least fourteen calendar days, according to the
modalities and within the limits prescribed by Title 1 of Book XIX of the Economic Law Code (Consumer Debts).
In the event of
non-payment of a single invoice by the specified due date.
- the
payment deadlines granted will expire and all amounts due at that time
will become immediately payable;
- the
payment discounts allowed indicated on the invoices will also expire;
WE.REPAIR
BV reserves the right to deliver only against cash on delivery or in case of
a guarantee.
Retention
of title
The delivered goods, such as spare parts, become the
property of the buyer after full payment of the sale price.
Force
majeure
In the event of
force majeure, WE.REPAIR BV's obligations towards the buyer become
null and void. Unless expressly agreed by WE.REPAIR BV, a situation of force majeure
will not result in the cancellation of the order, but possibly only a
suspension of delivery.
The following
are considered cases of force majeure:
- total or partial strikes at our suppliers or in our
company.
- any circumstance making it difficult to obtain goods such as
embargoes, government measures, civil wars and
uprisings, lockouts, riots, machine breakdowns, epidemics,
fires, serious accidents, in general, all events that are
of a nature to prevent the normal supply or shipment of our products.
Liability
WE.REPAIR
BV is in no way responsible for the client's
failure to meet its obligations to third parties or, more generally, for the failure to meet its
obligations.
The client
agrees not to hold WE.REPAIR BV or its agents, employees, directors,
agents and subcontractors liable in case of fault if the alleged error does not clearly differ
from a breach of the sales contract and if the alleged damage does not
differ from the damage that would result from the non-performance or poor
performance of the sales contract, both conditions being cumulative.
For the purposes of this article, the term
auxiliaries refers to any natural or legal person tasked by We.Repair with
the total or partial execution of a contractual obligation undertaken by
We.Repair, throughout the contractual chain, such as
subcontractors, employees, directors, etc.
The parties waive any action for
non-contractual liability of one party towards the other party as well as towards
auxiliary persons for damages caused by the non-performance of a
contractual obligation.
This article does not affect the
legal provisions of public order or mandatory law.
Auxiliary persons, as third-party
beneficiaries, may invoke the clauses of this article.
Competent
court
The
present conditions and the legal consequences arising therefrom are
exclusively subject to Belgian law. Disputes arising from these
general conditions fall under the jurisdiction of the judicial district
of the claimant's choice, as stipulated in Article 624 of the Belgian Judicial Code.
ONLINE
STORE
Store
Conditions
WE.REPAIR
wishes to offer services such as repairs through its online store. We appreciate the trust you place in us and therefore take your
rights very seriously. The general terms and conditions below
will clarify your legal situation. By accessing the online store,
you accept a legal obligation and commit to respecting the general
conditions below. Company number: X.
WE.REPAIR
adheres to the BeCommerce code of conduct.
WE.REPAIR BV
Address: Schaarbeeklei 636, 1800 Vilvoorde
Email:
hello@we.repair
The
products offered on our website
All the
products sold on the WE.REPAIR online store are described as
completely and accurately as possible and in good faith. The offers and
prices are valid on the day they are presented on the website. The prices
indicated include VAT.
Agreement
between you and WE.REPAIR
Un accord
valide entre vous et WE.REPAIR est établi lorsque WE.REPAIR reçoit votre
commande dans la boutique en ligne. L'e-mail de confirmation que vous recevez
de notre part contient un récapitulatif de la commande et un lien vers les
présentes conditions générales. WE.REPAIR peut toutefois décider de soumettre
la validité de l'accord à d'autres conditions en cas de commandes importantes,
de commandes passées par des mineurs, lorsque le bon de commande est incomplet
ou incorrect, ou lorsque des commandes précédentes n'ont pas été payées.
Conformément à la loi sur les pratiques commerciales, la perte/les dommages
sont à la charge du vendeur. Cependant, vous devez nous en informer dans un
délai acceptable (10 jours après avoir passé la commande). WE.REPAIR se réserve
le droit de refuser votre demande si elle n'est pas reçue dans ce délai. Vous
pouvez envoyer votre notification de non-réception à hello@we.repair.
Paiement
Vous pouvez
payer par Visa, Mastercard ou Bancontact. Les paiements en ligne à WE.REPAIR
sont sécurisés à 100 %. Pour tous les paiements en ligne, WE.REPAIR travaille
avec WorldPay & Stripe. Vous pouvez saisir vos coordonnées de paiement lors
de la passation de votre commande, et elles seront envoyées en toute sécurité
via le prestataire de paiement.
Après la
visite de service, le paiement du montant restant sera effectué directement au
technicien par carte.
Les
paiements en espèces au technicien ne seront pas acceptés. Si un paiement n'est
pas effectué directement au technicien par carte, nous enverrons une facture
par la suite avec un supplément de 50 EUR pour les frais administratifs.
Clause
de non-responsabilité et limitation de responsabilité
WE.REPAIR
is not responsible for technical defects of the site. WE.REPAIR gives no
guarantee regarding the results that may be obtained by using the site.
WE.REPAIR makes this site available "as is" and "as available".
WE.REPAIR makes no representations and gives no warranties, express or
implied, regarding the operation of the site, the information, the content,
the materials or the products included on this site. All offers are valid
until stocks are exhausted. WE.REPAIR will not be liable for any damages
resulting from the use of the website.
Processing
of complaints
For any
complaint, please contact hello@we.repair.
For the
out-of-court settlement of consumer disputes, the European Union has set
up an online platform ("ODR platform") to which you can address your
concerns. You can find the platform at the address https://ec.europa.eu/consumers/odr/.
Applicable
law and competent jurisdiction
Belgian law
is applicable. The courts of the judicial district of Brussels
are competent.
Language
of the agreement
WE.REPAIR
is available in English, Dutch, and French. You can make your
choice by clicking on a language during your first visit. The language you
choose will also be the language used for transactions
and subsequent communications between you and WE.REPAIR.
Privacy
policy
WE.REPAIR
collects the Client's personal data immediately upon request for
repair.
WE.REPAIR,
as the data controller, processes the personal data of the
Client in order to fulfil its contractual obligations arising from the
repair request and, if necessary, for marketing purposes for which the
Client has given valid consent.
The Client has
the right to access their personal data, to have it corrected or
deleted, to limit its processing and to object to its processing.
The Client has
the right to access their personal data, to have it corrected or
deleted, to limit its processing and to object to its processing.
The Client
also has the right to data portability. This means that they
have the right to obtain all personal data they have provided in a
structured, commonly used and machine-readable format, and the right to
transfer this data to another data controller without WE.REPAIR
hindering it.
To
exercise these rights, the web form on the page www.werepair.be must be
completed. The Client can also send an email to privacy@we.repair or a
letter to the above address of WE.REPAIR.
The Client also
has the right to lodge a complaint with the data protection supervisory
authority.
For any
further information regarding the processing of personal data,
the privacy statement can be consulted at: www.werepair.be
REPAIRS
Book
a repair
A valid
repair contract is established when WE.REPAIR receives your order in the
online shop and the necessary online payments have been made.
The confirmation email you receive from us contains a
summary of the order and a link to these terms and
conditions.
Edit
a repair
A
repair contract can be modified up to 2 hours before the requested time slot
via the WE.REPAIR website.
The
following modifications can be made :
· The
time slot in which the repair is to be carried out
· The
information regarding the device's fault
· Address and contact details of the applicant
Address and
contact details of the repair location
Cancellation
of a repair
The following
rights apply to the cancellation of the contract :
A
repair can be cancelled up to 24 hours before the scheduled date, with a
full refund of the amount paid at the time of booking.
If you
cancel less than 2 hours before the requested time slot or if you are not
at the specified location when the technician arrives, the amount paid at the
time of booking will not be refunded. This is to reimburse WE.REPAIR and its
subcontractors for costs already incurred.
A
repair can be cancelled with a full refund if WE.REPAIR informs
the customer of a change in service, an error in pricing, an
incorrect description of the service or a change in terms with which
the customer does not agree, or because there is a risk that the service
will be significantly delayed due to circumstances beyond the
control of WE.REPAIR.
Inspection
of the device and estimate
When a
device repair is necessary, an estimate can be provided at the request
of the customer. The estimate is valid for one month (after the date of the estimate).
The
following provisions apply to a repair after an estimate:
1° If the
customer accepts the offer immediately or at the latest within one month,
the repair will be carried out in accordance with the terms of the offer.
2° If the
customer accepts the offer after this period, the repair will be carried out at the
rates in effect on the day of the repair.
3° If
the device has remained with the customer between the establishment of the estimate and the
repair, the technician will carry out a new inspection. If necessary, for
example if he detects another fault or new signs of wear, he must
provide a new estimate or refuse the repair.
If the
customer has not requested an estimate, the repair will only take place after an
inspection, during which it may be decided that the repair should
be postponed or refused.
If your
device is deemed repairable, but we are unable to complete
the repair during our first visit and you decide not to
proceed with the repair, we will charge you the inspection fees indicated
on the WE.REPAIR website.
We reserve
the right to consider your device as irreparable if its general
condition is too degraded. In this case, we will also charge the inspection
fees, as stated on the WE.REPAIR website.
Price of
the repair without estimate
A
repair for which no estimate has been provided will be carried out at the
tariff in effect on the day of the repair. The tariffs of WE.REPAIR are
indicated on the website.
Unexpected
faults
If the
technician discovers unexpected faults during the repair, WE.REPAIR
must provide a new or supplementary estimate.
If, due
to circumstances that WE.REPAIR could not assess during the inspection
of the device or the preparation of the estimate, it becomes apparent during the repair
that it would be uncertain or financially disadvantageous for the client, or
if one or more parts are not available, WE.REPAIR reserves the
right to postpone or refuse to carry out the repair. In this case,
the article "Inspection of the device, problem analysis and estimate"
applies.
Scope
of the repair
A
repair includes the following elements:
· All
travel and visit costs
All
labour and parts costs to repair the device in case of the
malfunction reported at the appointment.
Only the
malfunction reported at the time of booking is covered by the
repair.
Multiple
repairs at the same address
When
multiple devices need to be repaired at the same address, a reduced rate
will be applied for the repair of each additional device, as
indicated on the WE.REPAIR website, plus the cost of all
parts used.
Replaced
parts
The replaced
parts become the property of WE.REPAIR, unless the client explicitly requests
to keep them before billing.
Restrictions
The
following malfunctions are not covered by WE.REPAIR repairs
:
Washing machine
: drums, bearings, drum spider and bearing spiders.
Tumble dryer
: drums and heat pumps
Refrigerators
and freezers: replacement of refrigerants or compressors.
Cooking
plates: glass plates
Any breakage
of glass, aesthetic damage not affecting proper functioning, normal
wear, internal equipment and accessories.
All
appliances for which WE.REPAIR has already performed a service visit and for
which a diagnosis/repair quote for the reported malfunction has been
established.
All
appliances used in a commercial environment.
Any defect
or damage caused by external factors such as the effects of weather
conditions or natural phenomena, or power and voltage fluctuations that
exceed the tolerance limits specified by the manufacturer.
REPAIR
WARRANTY
WE.REPAIR
offers a repair warranty on replaced parts as well as on
labour and travel costs, starting from the date of repair.
If the same
problem recurs within this period, it will be repaired free of charge, provided
that the conditions below are met.
Duration and
start of the repair warranty
The warranty is granted for
a duration of 3 months.
The warranty period begins
on the date of completion of the initial repair. If this repair
took place over several days, the warranty period begins on the
last day of the repair.
The service and replacement
under warranty do not extend the warranty period. In the case of
free repair under this warranty, a new warranty period does not begin,
but the initial warranty period continues.
Conditions
of the repair warranty
WE.REPAIR
commits to repair free of charge any device that has been repaired and that presents
again the same defect during the duration of the repair warranty, provided that the
following conditions are met:
The initial repair was
carried out and invoiced by WE.REPAIR.
The repair warranty only
applies to paid interventions.
The invoice for the initial
repair has been paid in full and on time.
The repaired device has been
properly installed and maintained according to the manufacturer's
instructions and has not been subject to misuse. The repaired
device has also not been moved or relocated since the initial repair.
The repair warranty only applies to the extent that
the device has been installed at the same address as the initial repair.
The repair
warranty only applies to the same malfunction as that corrected during
the initial repair, and to the extent that this malfunction occurs
during the duration of this repair warranty.
The repair warranty
applies only to the same malfunction as that repaired during the
initial repair, and to the extent that this malfunction occurs
during the duration of this repair warranty. If the device shows
errors in the month following the initial repair that are related to
the initial repair or may have the same cause, a technician must
perform an on-site fault diagnosis. If the diagnosis shows that
the error is not related to the initial repair, the customer is
required to pay the technician's labour costs.
Content
and scope
The repair
warranty includes the following:
The defects of the device that
reappear during the duration of this warranty after an initial repair
will be corrected within a reasonable time after notification by
the user by repairing or replacing the relevant parts. The
applicable costs, such as travel, transport, labour and
spare parts costs, are the responsibility of WE.REPAIR, and
are limited to the amount charged for the initial repair. If the cost of
the new repair is higher than that of the initial repair, the
difference will be charged to the customer.
The replaced parts or devices
become the property of WE.REPAIR.
The warranty does not cover
claims for damages against WE.REPAIR that fall outside this
scope, unless the service ordered by WE.REPAIR caused
damage intentionally or through gross negligence.
The delivery of consumables and
accessories is not covered by the warranty.
Restrictions
on the repair warranty
The warranty
does not cover defects or faults attributable to the causes listed below,
even if they occur within the year following an initial repair:
Incorrect setup or installation,
for example, failure to comply with applicable safety instructions
or written instructions for use, installation, and assembly.
Inappropriate use,
improper handling or incorrect loading, for example, using
unsuitable detergents or chemicals for washing/washing of the
dishes.
The effect of external factors,
for example, weather conditions or other natural
phenomena.
Repairs or
modifications carried out by a service after-sales or a technician other
than WE.REPAIR Belgium.
Broken glass and
defective lamps.
Current and
voltage fluctuations outside the tolerance limits specified by the manufacturer.
Non-compliance with the
maintenance and cleaning instructions described in the user manual of
the device.
Wear and tear related to use and
natural wear, such as the decrease in the load capacity of the
batteries and components that, according to the user manual, must
be replaced regularly during the device's lifespan.