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General Terms and Conditions of Sale of the RHODEE website

Please read these General Terms and Conditions carefully before using this website. By using this website and/or placing an order through it, you agree to be bound by these General Terms and Conditions. Please do not use this website if you do not agree with all of these General Terms and Conditions.

These General Terms and Conditions are subject to changes. It is your responsibility to read them regularly as the Terms and Conditions in effect on the date you use this website or on the date of constitution of the Agreement (as defined below) will be the applicable ones.

ARTICLE 1 – PURPOSE AND SCOPE OF THE CONTRACT

1.1 This document (hereinafter the “General Terms and Conditions”) defines the general terms and conditions that apply to the contractual relationship between the company Rhodée SRL, incorporated under Belgian law, whose registered office is located in Belgium, Avenue des Châtaigniers 15, B-1150 Brussels, registered with the ECB under the number 0763 401 579, also referred to as “Rhodée” or “we”, and the “customer”, “buyer” or “you” via the website www.rhodée.com (also referred to as the “website”).

The customer and Rhodée are hereinafter referred to as the “parties” to the contract. 

1.2 The purpose of the present General Terms and Conditions is to define the terms and conditions for the purchase of products marketed by Rhodée on its website (the “product(s)”).

1.3 The General Terms and Conditions apply to all orders of products via the website (the “order(s)”).

The General Terms and Conditions applicable to your order will be those in effect at the time the order is placed on the Website.

1.4 The General Terms and Conditions apply exclusively to non-trading buyers (consumers).

The buyer declares that he has full legal capacity to place an order. He also declares (i) to be fully entitled to use the means of payment and (ii) that these means of payment allow access to sufficient funds to cover all costs resulting from the purchase of the products.

1.5 The photographs, texts and other descriptive elements illustrating the products are not contractual. The seller declines all responsibility in case of erroneous photographs or texts.

ARTICLE 2 – ACCEPTANCE, VALIDITY AND DURATION OF THE GENERAL TERMS AND CONDITIONS

2.1 The process of contracting with Rhodée entails full and complete acceptance of these General Terms and Conditions with the exception of any other document and any general conditions of the customer.

2.2 The online acceptance of the present Terms and General Conditions is materialized by a compulsory checkbox during the finalization of the order on the website.

Any order of a product offered on the website therefore assumes that the buyer has previously read and expressly accepted the applicable General Terms and Conditions, without this acceptance being subject to the handwritten signature of the buyer. 

This acceptance constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and is a proof of the entire order and of the sums due in execution of said order.

2.3 Rhodée reserves the right to adapt and modify the present General Terms and Conditions, it being reminded that the General Terms and Conditions applicable to the contract are those in force on the day of the use of the website or the placing of the order. 

ARTICLE 3 – AVAILABILITY OF PRODUCTS

3.1 Rhodée will use all reasonable means to communicate on the availability of products in real time on the website but cannot be held responsible if a product is no longer available to execute an order placed by the buyer.

3.2 In case of unavailability of one of the ordered products, the buyer will be informed and will have the possibility either to modify his order, or to cancel it, in which case the amount of his order will be refunded to him if he has already made the payment.

ARTICLE 4 – PURCHASE PRICE AND DELIVERY COSTS

4.1 The prices indicated on the website are expressed in euros, including VAT. 

4.2 The prices applied are those indicated on the website at the time the order is registered.

4.3 These prices are excluding shipping costs. The shipping costs covering the deliveries are the exclusive responsibility of the buyer.

When the buyer orders products on the website to be delivered outside the European Union, he may be subject to import duties and taxes, which are collected when the package arrives at its destination.

Any customs duties, additional shipping and import fees, or additional taxes to those already applied, are the sole responsibility of the buyer; Rhodée has no control over these fees.

ARTICLE 5 – PAYMENT METHODE 

Purchases must be paid by Visa or Mastercard credit cards or by conventional European methods (Bancontact, ING, Belfius, KBC, CBC, Carte Bleue etc.), via the secure Stripe (www.stripe.com) and Paypal (www.paypal.com) systems.

The buyer will choose one of the proposed payment methods and will follow the instructions on the website during the confirmation of the order.

ARTICLE 6 – PLACING AN ORDER ON THE SITE

6.1 By clicking on the “BUY” button, the buyer definitively confirms his/her order and agrees to pay the full amount due. 

6.2 Rhodée will confirm each order by sending an e-mail to the buyer within 48 hours of the order, to the e-mail address indicated by the buyer, containing all the details relating to the order, the price paid including VAT, the shipping costs, as well as information relating to delivery. 

In this respect, in the event of a complaint, Rhodée’s contact details will also be included.

6.3 The order will only be effective after full payment of the price including VAT.

Rhodée will therefore only deliver the goods after receipt of the full payment, if necessary after verification by the issuing bank.

6.4 Rhodée cannot be held responsible for the consequences of the communication of erroneous information by the purchaser at the time of placing his/her order.

ARTICLE 7 – OWNERSHIP RESERVE CLAUSE & TRANSFER OF RISKS

7.1 The ordered products remain the property of Rhodée until the effective and complete payment of the purchase price of these products, as well as their accessories, by derogation to the article 1583 of the Civil Code.

7.2 The risk is transferred to the purchaser at the moment the ordered products are placed at the disposal of the carrier.

Proof that the products have been made available to the carrier may be provided by any legal means and in particular by the carrier’s tracking system if it offers such a service.

ARTICLE 8 – EXECUTION OF THE ORDER AND DELIVERY

8.1 Usually, Rhodée entrusts the delivery of orders to Bpost.

However, it may entrust the delivery of its products to third-party carriers. 

As delivery rates may vary depending on the carrier, Rhodée shall in any event inform the buyer of the exact amount of these delivery charges when finalizing the order.

8.2 Shipping costs include packaging, insurance, handling and delivery costs.

8.3 It is advised to the buyer to group his articles in a single order.

When the buyer places several orders, simultaneously or not, Rhodée does not commit to group separate orders and the buyer will therefore have to pay the shipping costs for each of them.

8.4 In principle, the order is sent within 48 hours from the reception by the customer of the confirmation email sent by Rhodée, subject to the validation of the payment.

However, the delivery times announced are given as an indication only.

In practice, Rhodée commits to make every effort to deliver the products ordered within a reasonable time.

8.5 If the products ordered are unavailable at the time of the order and cannot be delivered within a reasonable period of time after receipt of payment by Rhodée, the buyer is informed by email upon receipt of the order and may modify or cancel the order, in accordance with Article 3 of these General Terms and Conditions.

8.6 The buyer must indicate the precise delivery address of his order (home, workplace or other). 

The carrier will come to this address and will give the parcel(s) to the buyer, according to the terms defined by this carrier.

As these general terms and conditions may vary depending on the carrier, Rhodée invites the buyer to consult the carrier’s website for more information on this subject. 

If the carrier is not able to deliver the order to the buyer in accordance with its terms, the order will automatically be returned to Rhodée, without the carrier being held responsible. 

8.7 At the time of delivery, the buyer will receive a receipt with the following information

– the identity and address of Rhodée (being located in Belgium, avenue des Châtaigniers 15, 1150 Brussels);

– the price and the description of each article;

– the provisions relating to the right of withdrawal contained in Article 9 of the General Terms and Conditions and a clause stating in bold type in a box separate from the text on the first page:

“The consumer has the right to inform Rhodée that he/she wishes to withdraw from the purchase, without penalties and without giving reasons, within 14 working days from the day after the delivery of the goods or the conclusion of the service contract”.

8.8 Upon receipt of the Sales Order, the client will verify the conformity of the goods received. 

Any discrepancies with the products or the delivery must be reported within 14 days of receipt of goods to Rhodée at the following address:

by e-mail : Hello@rhodee.com

by post: avenue des Châtaigniers 15, B-1150 Brussels, Belgium

Only defects related to production are grounds for complaint.

After having proceeded to the above-mentioned notification, the customer has 14 days to return the product received in its original packaging.

Subject to the respect of the return conditions specified below, Rhodée will proceed to the reimbursement of the amount of the returned products, as paid by the buyer when placing the order.

ARTICLE 9 – RIGHT OF WITHDRAWAL AND RETURN MODALITIES

9.1 Returns are accepted. 

In accordance with articles VI.47 and following of the Belgian Code of Economic Law, the buyer has a period of 14 working days, starting from the day after the delivery, to withdraw from the contract or cancel the order, without penalty and without giving any reasons. 

9.2 In order to exercise this right of withdrawal, the purchaser must notify his request for cancellation by means of an unambiguous written statement. 

If the ordered product has not yet been delivered, a written request for cancellation must be sent by the buyer before the expiration of the withdrawal period to the following address:

by e-mail : hello@rhodee.com

by post: avenue des Châtaigniers 15, B-1150 Brussels, Belgium 

This written declaration must imperatively include the order number in order to be able to track the return package.

If the ordered product has already been delivered at the time the buyer decides to retract, he will use the return form (present in his package or downloadable on the website www.rhodee.com.) 

9.3 The period for withdrawal from the contract shall be deemed to have been complied if the notification, provided that it was sent in writing or by means of a durable medium available to the recipient to which he has access, is sent before the expiry of a period of 14 days and then reaches Rhodée.

9.4 In case of non-respect of the withdrawal period, the buyer loses his right of withdrawal and cannot in any case ask for a refund of his purchase. 

9.5 The articles must be returned intact, in their original state and with their labels, hygienic protections and accessories, to 15 avenue des Châtaigniers, B-1150 Brussels, Belgium, accompanied by the original sales invoice and the return form, failing which the goods will not be taken back or refunded. 

Returned items must be ready for resale and must not have been worn, washed and/or damaged. 

The buyer cannot exercise his right of withdrawal if the delivered product has obviously been used or has deteriorated.

9.6 The buyer personally bears the costs incurred by the return of the items he/she returns, excluding those incurred by the return of the items in one of the cases provided for in Article 8.8 of these General Conditions.

The buyer is free to choose the carrier he/she wishes to use to send the returned items to Rhodée. To do so, he/she must keep the proof of shipment, which he/she may have to provide to Rhodée to prove the shipment.

The buyer remains fully responsible for his shipment and the returned items, until Rhodée confirms the perfect reception.

It is also possible to organize a return via our showroom located in Belgium, avenue des Châtaigniers 15, 1150 Brussels, by contacting us beforehand at hello@rhodee.com to make an appointment.

9.7 If the buyer uses his right of withdrawal, respecting the modalities provided for in the present General Conditions, the purchase price of the product will be refunded to him at the latest within 14 working days as from the reception of the returned parcel, on the same card as the one used for the payment.

The shipping costs will not be refunded, as they are paid directly to the carrier.

From the amount of the product to be reimbursed to the buyer, the direct costs of returning the goods will be deducted, if they have to be prepaid by Rhodée, in accordance with article 9.6 of the present Terms and Conditions.

9.8 Rhodée does not organize the exchange of products on its website.

However, the buyer has the possibility to cancel his order in accordance with these Terms and Conditions and to place a new order.

It is also possible to organize a visit to our showroom located in Belgium, avenue des Châtaigniers 15, 1150 Brussels, in order to change the chosen article, by contacting us beforehand at hello@rhodee.com.

ARTICLE 10 – RESPONSIBILITIES

10.1 Rhodée undertakes only to use its best efforts with regard to all aspects of the contract.

10.2 Rhodée shall not be liable for any loss of profit, damage resulting from loss in the broadest sense of the term and/or any other direct or indirect damage of any nature whatsoever.

Rhodée shall in no case be held responsible for damages not inherent to the product and/or for non-conceptual defects resulting from an external cause, totally unrelated to Rhodée and this, whether the buyer is at fault or not.

10.3 The buyer is responsible for the correct use of the products, in accordance with the instructions and recommendations of the supplier or manufacturers, and for compliance with the regulations in force, in particular those relating to safety.

10.4 Rhodée cannot be held responsible for any problems related to the web host or supplier of the website, nor for any problems related to the Internet in general. 

10.5 Whatever the cause of the damage suffered by the buyer and in the event that Rhodée’s responsibility is engaged, the buyer cannot claim an amount higher than the purchase price.

ARTICLE 11 – APPLICABLE LAW AND JURISDICTION

11.1 The relations between the parties, including sales, are exclusively subject to Belgian law.

11.2 The French-speaking jurisdictions of Brussels are the only ones competent in case of dispute between the parties. 

11.3 The proceedings shall be conducted in French 

ARTICLE 12 – FINAL PROVISIONS 

12.1 The fact that Rhodée does not exercise, at one time or another, of one of the provisions of these General Terms and Conditions may not be interpreted as a waiver by Rhodée of its right to exercise such provision at a later date.

12.2 In the event that any provision of these General Conditions is declared null and void or without effect, it shall be deemed unwritten, without affecting the validity of the other provisions.

12.3 The electronic data kept in Rhodée’s information systems relating to the services offered are authentic between the parties, until proven otherwise. 

These electronic data therefore constitute admissible, valid and opposable proofs to the purchasers under the same conditions and with the same probative force as any document which would be established, received or kept on paper.

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