Terms and conditions

_Translation of the Dutch version. In the event of any discrepancy between the language versions, the Dutch version of the terms and conditions prevails._

Company details

Green-ware is a trade name of Q-Ware bv
Registered office: Merellaan 6, 8710 Wielsbeke, Belgium
Company number / VAT: BE 0700.227.558
E-mail: info@green-ware.be · Phone: +32 56 980 680
Hereinafter "Green-ware".

Article 1 – Application

These terms and conditions apply to every order placed through the webshop www.green-ware.be by a customer (hereinafter "Customer"). By placing an order, the Customer expressly accepts these terms and conditions, to the exclusion of the Customer's own terms, unless Green-ware has accepted those in writing beforehand. Provisions that apply specifically to consumers are indicated as such; a consumer is any natural person acting for purposes outside their professional activity.

Article 2 – Offer and products

2.1. Green-ware sells refurbished (professionally checked, tested and, where necessary, repaired) devices and accessories. The cosmetic condition of each device is indicated with a grade (A, B, C or Outlet) as described on the "What is refurbished" page. That condition is a characteristic of the product which the Customer knows in advance; signs of use that correspond to the indicated grade do not constitute a defect.
2.2. For devices marked "Outlet", a specific functional limitation (for example the absence of Face ID or Touch ID) is stated in advance. That limitation forms part of the offer and is not covered by the warranty.
2.3. Every battery has, upon delivery, a capacity of at least 85 % of the original capacity.
2.4. The offer applies while stocks last. Green-ware compiles the catalogue with the greatest care, but cannot rule out that information is incomplete, incorrect or not up to date. Obvious mistakes or errors are not binding on Green-ware. Photos are for illustration purposes; the device delivered corresponds to the description and the grade, not necessarily to the exact photo.
2.5. A device is delivered with a suitable charging cable. Other accessories are not included, unless expressly stated.

Article 3 – Price

3.1. All prices are in euros and include VAT, shipping to Belgium and the Netherlands and, on devices, the private-copy levy (remuneration for private copying). No private-copy levy is due on accessories. No additional costs are charged at checkout, unless expressly stated before the order. When paying by credit card or with eco vouchers, the payment service provider applies a surcharge (€0.25 + 3% and €0.50 + 5.5% of the total amount respectively); that surcharge is shown before the Customer confirms the order.
3.2. The price applies as stated at the time of the order. Prices may change daily depending on the market; a change after the order has no effect on an order that has been placed.

Article 4 – Order and payment

4.1. The Customer selects the device (model, storage, colour, condition) and any accessories, fills in their details, chooses a payment method and accepts these terms and conditions before clicking "Order and pay". The agreement is concluded at the moment Green-ware confirms the order by e-mail.
4.2. Payment is made through the payment institution Mollie with Bancontact, a credit card or Pluxee (Sodexo) and Monizze eco vouchers. The surcharge per payment method is set out in article 3.1 and on the "Secure payment" page; the Customer sees the final amount before confirming.
4.3. Green-ware may refuse or cancel an order in the event of a serious suspicion of fraud, in the event of previous non-payment, or when the device is no longer available in the meantime. In the latter case, the Customer is notified and any payment is refunded within 14 days.
4.4. The Customer receives an invoice by e-mail. Business customers state their VAT number at checkout.

Article 5 – Delivery

5.1. Delivery is carried out by PostNL to the address in Belgium or the Netherlands specified by the Customer. Orders placed and paid for on a business day before 4 pm are shipped the same day; PostNL aims to deliver the next business day. This period is indicative. In any event, delivery takes place within 30 days of the order; if that is not possible, the Customer may terminate the agreement and is refunded in full.
5.2. Green-ware has no shop or pick-up point. Collection in person is not possible.
5.3. The risk of loss or damage passes to the Customer as soon as the Customer, or a third party designated by the Customer (not the carrier), takes physical possession of the goods.
5.4. The Customer reports visible damage to the parcel or the device upon delivery to Green-ware as soon as possible, preferably within 48 hours, with photos, so that Green-ware can take action with the carrier.
5.5. Green-ware registers the IMEI or serial number of every device delivered for the purpose of warranty follow-up.

Article 6 – Retention of title

The goods delivered remain the property of Green-ware until the price has been paid in full. Where necessary, the Customer draws the attention of third parties to this retention of title.

Article 7 – Right of withdrawal (consumers)

7.1. The consumer has the right to withdraw from the agreement without giving any reason within 14 calendar days of the day on which the consumer, or a third party designated by the consumer (not the carrier), takes physical possession of the last good.
7.2. The consumer does so by means of an unambiguous statement to Green-ware (e-mail, contact form or post), optionally using the model withdrawal form that is available on the website. The deadline is met if the statement is sent before it expires.
7.3. The consumer returns the goods without undue delay and at the latest 14 days after their withdrawal. Green-ware bears the direct cost of returning the goods: after receipt and approval of the notification, Green-ware provides the consumer with a bpost return label, with which the parcel can be handed in free of charge at a bpost pick-up point. The consumer does not return the goods on their own initiative; without a return label the shipment cannot be linked to the order and any shipping costs cannot be refunded. The bpost proof of posting serves as evidence of the return.
7.4. Before returning the goods, the consumer removes their personal data and accounts from the device and switches off any locks (such as "Find My iPhone"). A device that cannot be processed because of an active lock can only be refunded after the lock has been removed.
7.5. The consumer may unpack and test the device as they would in a shop. The consumer is liable for any diminished value resulting from handling that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods (for example new scratches, damage, missing accessories). Green-ware may deduct that amount from the refund.
7.6. Green-ware refunds all payments received from the consumer within 14 days of the withdrawal, using the same means of payment, and may withhold the refund until the goods have been received or until the consumer has supplied evidence of having sent the goods back.
7.7. The right of withdrawal does not apply to business customers, nor to goods that have been personalised at the Customer's request.

Article 8 – Warranty

8.1. Legal warranty. The consumer benefits from the legal warranty for consumer goods (Articles 1649bis et seq. of the former Belgian Civil Code). Green-ware is liable for any lack of conformity that exists upon delivery and becomes apparent within two years of the delivery. A defect that becomes apparent within those two years is presumed to have existed upon delivery, unless that presumption is incompatible with the nature of the goods or of the defect. The cosmetic condition according to the indicated grade, and the limitation stated for Outlet devices, do not constitute a lack of conformity.
8.2. Commercial warranty. In addition to the legal warranty, Green-ware provides on every device a 2-year warranty from the delivery, including on the battery, in accordance with the conditions on the "Warranty" page, which forms part of these terms and conditions. This commercial warranty is without prejudice to the consumer's legal rights.
8.3. The warranty does not cover damage caused by a fall, impact, moisture, incorrect use, repairs or parts by third parties, unofficial software, or normal wear and tear. In the case of a well-founded warranty claim, Green-ware repairs or replaces the device free of charge; if that is not possible or not reasonable, a refund follows in accordance with the warranty page, without prejudice to the statutory rules for consumers.
8.4. The Customer reports a defect as soon as possible after discovering it. Green-ware then provides a bpost return label, with which the device can be handed in free of charge at a bpost pick-up point; the return shipment to the Customer is free of charge as well. If no defect is established after examination, Green-ware may charge examination and shipping costs of €29.95, after prior notice.
8.5. Green-ware is not liable for loss of data; the Customer makes a back-up before every repair.

Article 9 – Customer service and complaints

Questions and complaints: info@green-ware.be, +32 56 980 680, or by post at Merellaan 6, 8710 Wielsbeke. Green-ware replies within 5 business days. In the event of a persisting dispute, consumers may also turn to the Consumer Ombudsman Service (Consumentenombudsdienst, www.consumentenombudsdienst.be, North Gate II, Koning Albert II-laan 8 bus 1, 1000 Brussels).

Article 10 – Liability

Green-ware is only liable for proven damage that is the direct result of a fault on the part of Green-ware and, except in the case of intent or gross negligence, up to a maximum of the amount of the order concerned. Green-ware is not liable for indirect damage such as loss of data, loss of profit or loss of use. This limitation is without prejudice to the mandatory rights of the consumer.

Article 11 – Non-payment (business customers)

In the event of non-payment on the due date, default interest of 10 % per year and fixed compensation of 10 % of the invoice amount, with a minimum of €40, are due by operation of law and without notice of default. For consumers, only the statutory rules on amicable debt recovery (Book XIX of the Belgian Code of Economic Law) apply.

Article 12 – Personal data and cookies

Green-ware processes personal data in accordance with the privacy policy and uses cookies in accordance with the cookie policy, both available on the website and forming an integral part of these terms and conditions.

Article 13 – Validity, evidence and amendment

13.1. The nullity of one provision does not affect the validity of the remaining provisions.
13.2. Failure to enforce a right does not constitute a waiver of that right.
13.3. Electronic communication and the log files of the webshop serve as evidence.
13.4. Green-ware may amend these terms and conditions; the terms and conditions that apply to an order are those accepted at the time of that order.

Article 14 – Applicable law and competent court

These terms and conditions and every agreement with Green-ware are governed by Belgian law, to the exclusion of the Vienna Sales Convention. Disputes fall within the jurisdiction of the courts of the judicial district of West Flanders, Kortrijk division, without prejudice to the mandatory rules of jurisdiction that apply to consumers.

_Version: [go-live date]. Green-ware, a trade name of Q-Ware bv._