Terms and Conditions of Sale

Hobbyreptiles.com is a brand operated by

Willen.co.sprl

12A, Industriepark, UNIT 10

8587 Espierres-Helchin (Belgium)

VAT: BE0552.940.778

IBAN: BE88 3631 3497 5641 BIC: BBRUBEBB

Hobbyreptiles@hobbyreptiles.com

Approval certificate HK51503841

1. Acceptance of the General Conditions of Sale

These General Conditions of Sale govern the contractual relations between HobbyReptiles and the customer of the HobbyReptiles.com site. The validation of an order from a customer entails acceptance of all of these General Conditions of Sale. They will prevail over all other conditions appearing in any other document, unless prior, express and written waiver.

2. Items

The items and/or animals offered comply with current Belgian legislation. HobbyReptiles.com has total independence in the selection of the products offered. THE PHOTOGRAPHS, TEXTS, INFORMATION, ANIMAL SIZE ADVERTISED (data for information purposes such as suppliers announce their available animals), CHARACTERISTICS, etc. ARE NOT CONTRACTUAL. All information or images on product packaging are those of the manufacturer. Certain photos or other images of the products sold may only be illustrations or suggestions: the manufacturer may modify these products or the information appearing on its packaging at its discretion without notice. HobbyReptiles.com reserves the right to modify the product assortment. Offers on the HobbyReptiles.com website are valid while they are online while stocks last.

3 A. Availability of articles

The customer's order will be fulfilled within the limits of stocks available on our own sites or subject to orders awaiting delivery from our suppliers. Unless agreed with the customer, the seller undertakes to ship the order within a maximum of 14 days after receipt of payment. After this period, the seller will refund the entire order upon explicit request from the customer.

The right of withdrawal applies from the moment an order is paid and until 14 days after receipt of the order by a customer or a third party.

The unavailability of products and/or the delay before dispatch of the order cannot entitle the customer to damages.

The announcement of the preparation of an order or a delivery date could be canceled or modified depending on available stock and revisions to delivery times indicated by suppliers.

3 B. Availability of animals

Hobbyreptiles.com does not keep practically any animals on its own operating sites and mainly acts as a commercial intermediary: the animals ordered on www.hobbyreptiles.com are then ordered from suppliers/breeders offering these animals. Once delivered to our premises, the animals are inspected before being sent to our own customers. All of the animals shipped pass through our premises and are packaged by us in specific and perfectly adapted packages.

When an ordered animal is not available from any of the suppliers/breeders, unless by mutual agreement with the customer, the order is canceled and refunded after 14 days.

When an ordered animal is declared in stock with one of the suppliers/breeders, a variable delivery time to our operating site applies before sending the animal to our own customers.

4. Price

The prices displayed on the HobbyReptiles.com website are expressed in euros. The shipping costs of the package are not included in the price indicated on the product sheet. All prices are indicated inclusive of VAT (All Taxes Included). The products remain the property of HobbyReptiles until full payment of the price by HobbyReptiles. The total price of the order includes, where applicable, shipping costs depending on the carrier chosen by the customer.

The animals travel in an insulated package equipped, if necessary, with a heater or an ice pack which will maintain an adequate temperature during transport for more than 24 hours. The value of an insulated package is between €3.5 and €6, this amount is automatically included in the final cost of delivery or deposit fees.
Relay package.

Any additional taxes, for example customs, which the customer must pay themselves, are not included in the final price including VAT and shipping. It is up to the customer to find out about the amount of these possible costs before paying for their order.

5.a. Validation of orders

HobbyReptiles.com confirms to the customer the acceptance of his order by e-mail to the address indicated by the customer. In the context of a secure online electronic payment, the sale is only considered concluded upon acceptance of payment by the company managing these online payments. In the case of payment by transfer, the sale is only considered concluded upon registration of the value in the HobbyReptiles bank account (i.e. an average banking time of 1 to 3 working days). Consequently, shipping times must be recalculated from the date the transfer is received. Payments by bank checks are not accepted. HobbyReptiles reserves the right to refuse or cancel and refund any new order from a customer with whom a dispute exists.

5.b. Validation of the delivery date of approved shipments of live animals.

When the customer chooses home delivery via an approved carrier of live animals, within a maximum of 14 days after receipt of payment for the order, a delivery date will be offered to them by email. The time between payment of the order and delivery of the order may therefore be greater than 14 days, in agreement with the customer having validated the delivery date.

Written validation (email) of this delivery date is essential at least 24 hours before the proposed delivery day. If applicable, without reaction from the customer, the package will not be shipped on the date initially proposed. A new delivery date proposal will then be made.

5.c. Delivery area for orders containing live animals

Shipments of live animals are only possible in Belgium, Luxembourg and France (except Corsica).

A collection of a previously placed order is possible in Hamm, Germany, during the reptile fairs taking place there.

6. Errors made by the customer

When placing an order, the customer provides the following information under his sole responsibility: Email address; First and last name ; Street and number (+box); City; Postal code; building/gate access code, building/residence name/number, floor, Telephone.

In the event of an error in the wording of the recipient's contact details, HobbyReptiles cannot be held responsible for the impossibility of delivery and the time taken to resolve the problem. In this case, as in the event of cancellation of the order by the customer after shipment, shipping costs will not be refunded to the customer. A refund of the items contained in the package in the form of a credit usable via a promotional code valid for 1 year, will only be made from the moment the package is actually returned in good condition to Hobbyreptiles.com

7. Business days at Hobbyreptiles.com

Orders are processed from 8:00 a.m. to 4:00 p.m., Monday to Friday, excluding legal public holidays as defined by Belgian legislation. Outside of this period, Hobbyreptiles.com staff are not required to respond to customer requests. However, for internal organizational reasons, emails may be sent and the status of certain orders may change outside of business periods.

As carriers do not work on weekends or public holidays, the activity of shipping packages from our premises is stopped during these periods.

8. Withdrawals and procedure

Except for live animals already delivered for which no withdrawal procedure exists, upon receipt of his order by himself or by a third party, the customer has a period of 14 calendar days to indicate his intention to use his " right to retract ". Return costs are the responsibility of the customer. You are requested to proceed as indicated below:

First send an email to sav@hobbyreptiles.com containing as attachments a copy of the order invoice, downloadable from the customer account and then return the items to us. The customer, however, remains free to use another means of communication to send these documents.

The return address is:

Hobbyreptiles - Willen.co

WITHDRAWAL

4b, small Luna pavement

7730 Estaimbourg (Belgium)

The package returned by the customer must contain the following 3 elements:

- a copy of the invoice downloadable in the customer account
- the “Right of withdrawal” document completed and signed, downloadable by clicking on this link
-The returned equipment carefully protected in its original packaging intact

Reimbursements for returned items are made only once the returned material has been received and verified.

Upon receipt of the package and verification of it, only items that arrive intact, in their intact packaging, are eligible for a full refund of their values. If this is not the case, only a refund of 50% of the sale price will be made.

Unless agreed between the two parties, the products are reimbursed by the payment method used when ordering. The refund period is 14 days after receipt of the returned package, to this period must be added the banking deadlines necessary to apply the payment order that Hobbyreptiles.com has initiated on time.

Paypal does not reimburse its commission fees. If the order was paid with Paypal, the refund for withdrawal will be deducted from Paypal fees.

The company is not required to reimburse the additional costs if the consumer paid more for the return of their package than the delivery cost charged at the time of purchase.

The right of withdrawal does not apply to animals or food.

9. Payment, invoices and other documents

A payment can be made:

- Wire Transfer
- by bank card, VISA card or Mastercard card
- by a Paypal account as well as any other type of payment managed by Paypal.

The personal information that customers are required to communicate is perfectly protected and encrypted. HobbyReptiles will not know the customer's credit card information at any time. No financial transactions are made directly on the site www.hobbyreptiles.com: card payments are made via the platforms of approved official intermediaries such as for example Paypal or ATOS-Worldline, collection of transfers is made via the banks of the payer and receiver.

A customer's order will only be considered effective from the moment the amount paid actually appears in full on our account. Payments in installments are not accepted.

A proper purchase invoice can be downloaded from the customer account after shipping/delivery of the order. No printed invoice is sent to the customer.

In the case of a sale outside the EU, sufficient customs documents and copies of invoices are inserted in a transparent adhesive pocket stuck to the package.

Documents accompanying the sale of animals, such as CITES, are included in the package containing the delivered animal.

10. Liability

When purchasing animals, the customer must respect and apply the laws of his country of residence. Depending on the country, the region, ... certain species are prohibited or authorized, certain administrations impose or do not impose procedures or certificates of capacity for keeping animals, the quantities of animals legally kept vary, documents specific and official must or not accompany the animals, ... In all cases, Hobbyreptiles applies the laws applying in the Flemish region of Belgium. All animals sold will be accompanied by a sales invoice and in certain specific legally defined cases, an individual CITES document, a CITES import reference, the mention "NC" or "NCEU" (born in captivity in the European Union). ) will be provided or indicated on the invoice. Hobbyreptiles cannot be held responsible for the sale of animals to buyers who are not in compliance with the laws applying to the particular case of this buyer.

HobbyReptiles cannot be held responsible for damage of any kind that could result from improper use of items or animals delivered to the customer. HobbyReptiles specifies that the owner of a pet must always supervise it when it comes into contact with human beings. HobbyReptiles cannot be held responsible for any modifications made by manufacturers and/or suppliers to the composition of the items sold on the HobbyReptiles.com site. In any event, HobbyReptiles' liability will be limited to the amount of the order.

11. Disputes

The customer and HobbyReptiles will always favor an amicable solution before any legal action. It is necessary to report the dispute via the following address: sav@hobbyreptiles.com

In the event of non-amicable resolution, since February 15, 2016, companies and liberal professions that offer sales or service contracts online must include in their website, a link to the address (URL) of the European online dispute resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

If resolution via the ODR is impossible, only a Belgian court remains competent.

Hobbyreptiles.com reserves the right to delete or ban the accounts of customers who are insulting, threatening, harassing, complaining, who have initiated a Paypal complaint / dispute, legal action, who have disseminated negative information about the company and/or its products or having publicly damaged its good reputation.

12. Compatibility of electrical devices according to different countries.

All electrical devices sold on Hobbyreptiles.com are equipped to operate on the mains at 220 -230 volts and 50 - 60 Hz (and/or 12 volts). Most items are equipped with Type F (German) male and/or female electrical connection plugs that are fully compatible with the various standards in force in the EU, with the exception of certain systems sold in France.

13. Guarantees

There are 4 types of guarantees:

* Guarantee on delivery
* Legal guarantee
* Guarantee on live animals
* Commercial guarantee

There is no guarantee covering delivery costs due to late delivery. Once a package is delivered or presented for delivery, delivery costs are due to the deliverer/carrier even in the event of refusal to receive the package.

13 A. Guarantees on delivery

Items delivered broken or non-functional declared within 14 days of receipt are eligible for a refund (see article 14 of our General Terms and Conditions). To receive the refund, the item must be returned to Hobbyreptiles.com at the seller's expense.

To claim the warranty on delivery of an item delivered defective and receive a label allowing free return of the material, it must be declared by email to sav@hobbyreptiles.com within 14 days of receipt. If the declaration reaches us after the 14-day deadline, if the declaration is sent to another email address, even if the item has never worked since its receipt, the conditions of the legal guarantee take effect. .

Concerning live animals, article 13 C of our General Terms and Conditions applies.

Frozen goods actually delivered in less than 24 hours in an insulated container equipped with a refrigerating source are not covered by a guarantee. Food is considered a “perishable commodity” under article VI.53 of the law of December 21, 2013 relating to market practices and consumer protection. The right of withdrawal is excluded for sales including "perishable goods"

13 B. Legal guarantee

All items benefit from a guarantee of intact delivery during the 14 days following receipt of the equipment provided that the declaration of malfunction reaches us by email at sav@hobbyreptiles.com before the end of these 14 days (see article 13 A of our General Terms and Conditions).

After this period, the legal guarantee is applied in accordance with Directive 2019/771 of the European Parliament and of the Council, of May 20, 2019

This Directive 2019/771 indicates that to claim the 2-year legal guarantee, a defective item must be declared (by email to sav@hobbyreptiles.com) no later than 2 years after receipt.

There is an exception for bulbs and other light emitting sources that we guarantee will work for up to 30 days after the date of delivery. After this period, whether the bulb has been used directly or not, no warranty covers this material.

After 14 days, the following are excluded from the legal guarantee:

* bulbs or other elements producing light and UV delivered more than 30 days ago.
* the equipment delivered broken because it is then article 13 A of our General Terms and Conditions which applies
* equipment undergoing wear and tear linked to their use such as fogger membranes, filters, heaters, batteries, bulbs or other elements producing light and UV delivered more than 30 days ago... This equipment can be replaced and does not call into question the proper functioning of the ballast, bulb socket, fogger, pump, etc. which, once equipped with the new replacement part, must be able to continue to function at least for the 2 years covered. by the legal guarantee.

The legal guarantee only covers defects in conformity existing at the time of delivery of the goods.

Are therefore excluded:
* Any direct or indirect damage caused to the item after delivery (e.g. by oxidation, shock, fall, etc.);
* The replacement of elements or accessories whose regular renewal is necessary;
* Damage resulting from commercial, professional or collective use.
* Damage resulting from fire, water damage, lightning, accident, natural disaster;
* Defects caused expressly or by negligence, by injudicious treatment, poor maintenance or abnormal use or use not in accordance with the manufacturer's instructions: inadequate humidity, accumulation of dirt, vibrations, power outages, etc.
* Minor defects that do not prevent the item from functioning properly such as scratches, traces of friction, dirt, etc.
* Equipment delivered more than 2 years ago.

The defective item eligible for activation of the warranty must be returned to the following address, at the buyer's expense, against signature for proof of delivery:

Willen M. - Hobbyreptiles SAV

4b, Petit Pavé de Luna

7730 Estaimbourg (Belgium)

The returned package is the responsibility of the buyer until receipt thereof. Any loss or breakage caused during shipping will void the warranty.

The returned guaranteed product will be repaired and returned or, if repair is impossible, it will be refunded excluding shipping costs within 31 days in the form of a credit note, a promotional code valid for 1 year.

In the event of a commercial guarantee (see 13 D) indicated on the packaging of the item, only the manufacturer is responsible. Hobbyreptiles.com only applies the legal guarantee according to the conditions described above. In the event of a dispute, only the manufacturer could be attacked.

Concerning live animals, article 13 C of our General Terms and Conditions applies.

13 C. Guarantees on live animals

Guarantees on live invertebrates delivered in “Relais Parcels” (= NOT approved live shipment):

* Reimbursement guarantee of 25% of the animal price + 100% of delivery costs, in the event of death within 24 hours following arrival at the “Relais Colis”
* Reimbursement guarantee of 25% of the price of the animal excluding delivery costs, in the event of death during the 72 hours following arrival at the “Relais Colis”

Please note: it is the arrival time of your parcel at the “Relais Colis” which refers and not the time at which the customer was able to take possession of his parcel at the “Relais Colis”!. If upon delivery the package contains at least one other live animal or equipment, delivery costs are not refunded.

Guarantees on live invertebrates delivered to your home (= APPROVED live shipment):

* 100% money back guarantee, animal + delivery costs, in the event of death within 24 hours of delivery
  *Guaranteed reimbursement of the price of the animal excluding delivery costs, in the event of death within 72 hours following delivery

Please note: it is the time of the recipient's signature attesting to delivery which is the reference. If upon delivery the package contains at least one other live animal or equipment, delivery costs are never refunded.

Delivery of an animal still alive at the time of receipt is guaranteed by a full refund of the price of the animal + transport costs if all the animals in the order are delivered dead.

It is prohibited to refuse a delivery containing at least 1 live animal or intact equipment under penalty of return costs to be paid by the customer or loss of activation of the guarantee!

If, for example, 1 of the 2 animals ordered is delivered dead, accept the delivery and follow the guarantee procedure by writing to us.

To benefit from the guarantee, send an email to sav@hobbyreptiles.com before the guarantee period has expired:

* the subject of the message must be the reference of your order composed of 9 capital letters (see in your customer account)
* write a message describing the problem promptly after receiving the animal
* a photo of the dead animal in or next to its transport box/tube, (without the box/tube in the photo, it would not be valid) must be attached to the email
* If several animals are dead, they must appear side by side in the same photo (no photomontage!)

Are NOT guaranteed:

* After the period of 72 hours after receipt, dead animals, sick animals or described as such, injuries or other defects.
* Any veterinary costs incurred by the customer cannot entitle Hobbyreptiles.com to any contribution to these costs.
* Incidents reported once the guarantee period has expired (24 hours for the 100% guarantee, 72 hours for the guarantee relating to an animal without intervention on delivery costs)
* Animals delivered dead if the delivery person found the door closed when he presented himself at the delivery address, on the agreed delivery day between 8:00 a.m. and 6:30 p.m.
* Animals delivered dead if the customer has not visited the Parcel Relay within 24 hours after arrival of the package at this address.
* Animals used as food: crickets, grasshoppers, worms, flies, cockroaches, etc.
* Sexing of animals is not guaranteed but the probability of making a sexing error is very small.
* Observations not involving the health of the animal delivered (animal judged to be too small, not colorful enough, not handleable enough) are not valid grounds for refusal of delivery or compensation.
* Delivery costs are not refunded if at least one animal or item is accepted on delivery.

The right of withdrawal does not apply to animals constituting live food.

HobbyReptiles.com is released from its duty to deliver in the event of force majeure such as war, riot, fire, strikes, accidents, state of natural disaster, impossibility of supply from a supplier and the ban on circulation of the approved carrier for climatic or social reasons.

OUTSIDE THE 72-HOUR WARRANTY PERIOD ON LIVE ANIMALS, THEREFORE IT IS USELESS TO ASK US TO REPORT THE DEATH OF YOUR ANIMAL: WE WILL NOT INTERVENE.

13 D. Commercial guarantee

As permitted by law, Hobbyreptiles.com does not undertake ANY commercial guarantees. Only legal guarantees, delivery guarantees and live animal guarantees apply.

A commercial warranty only binds the person who draws it up and therefore, an equipment manufacturer indicating on its packaging a warranty period greater than the legal warranty of 2 years, is the only one able to intervene after the legal warranty period has passed. The commercial guarantee must mention a certain number of essential data such as the duration of the guarantee, its geographical scope, the name and address of the person offering the guarantee. This last information allows the customer to find where to send their warranty intervention request.

Hobbyreptiles.com will therefore never intervene in a request for application of a commercial guarantee. In the event of a dispute, only the manufacturer could be attacked.

14. Refunds

Excluding live animals, all reimbursements are in the form of a credit, a promotional code valid for 1 year. This code, entered during a future order, allows you to deduct all or part of the reimbursement amount excluding shipping costs. The refund of items purchased at reduced prices will be deducted by an amount proportional to this reduction.

Guarantee on delivery (see article 13 A of our General Terms and Conditions):

Reimbursements following the application of the guarantee on delivery are made in the form of a credit, a promotional code valid for 1 year or the sending of the same new item.

Legal guarantee (see article 13 B of our General Terms and Conditions):

Reimbursements following the application of the legal guarantee are made in the form of a credit, a promotional code valid for 1 year or the sending of the same new item.

Guarantee on live animals (see article 13 C of our General Terms and Conditions):

Animals delivered dead or deceased within 24 hours of delivery are refunded within 14 days of delivery but are not exchanged. Reimbursement is made via the same payment method as that used when placing the order. Once the refund has been made by Hobbyreptiles.com, processing times apply before the amount is actually received by the refunded customer. Hobbyreptiles.com is in no way responsible for these delays.

If the reimbursement concerns one of the individuals of a couple, the amount of the reimbursement is calculated according to the following formula: price of the couple - price of the most expensive animal sold (male or female).

Commercial guarantee (see article 13 D of our General Terms and Conditions):

No intervention, the commercial guarantee only binds the person who draws it up.

15. Removal and Banning

Without notice and for an unlimited period, Hobbyreptiles.com reserves the right to delete, ban or cancel a customer account in the event of aggressive, harassing communications, blackmail, vulgar remarks, initiation of litigation via payment organizations or courts.

16. Bad weather and bans on transport of live animals

The approved carrier of live animals is prohibited from delivering when temperatures are reported below 0°C and above 30°C on the delivery route. These prohibitions are announced by the carrier the day before the delivery initially planned to the customer and are completely independent of our willingness to quickly ship these animals.

Hobbyreptiles has no influence on the days, deadlines and regions declared inclement weather. No compensation or damages may be claimed due to the need to postpone a new delivery date. In the event of a refund request for a reason relating to the delivery time, article 17 of our General Terms and Conditions applies.

17. Condition of reservation for live animals and cancellation/withdrawal fees before sending the order

It is possible to reserve one or more live animals for planned shipment or collection no later than 14 calendar days after receipt of full payment for the order, shipping costs included. If the customer is not able to receive his animal before the fifteenth day after the creation of his order, 5% per day of the price of each animal will be requested as a maintenance fee. In the event of a refund request beyond 14 days after payment, the daily fee of 5% would be deducted from the amount refunded.

Once an animal has been paid, whether or not it has a proposed delivery date, whether or not it has a postponement of the delivery date (weather conditions, late delivery, force majeure, etc.) ), in the event of withdrawal, withdrawal, or request for reimbursement of the order, the buyer will be reimbursed:

* only 50% of the price of the animal(s) (insects included) as well as all other items and shipping costs if the reimbursement request is made via Paypal, credit card, payment card, bank transfer
* 100% in the form of a voucher valid for 6 months.

It is no longer possible to cancel an order for an animal that has already been picked up by a carrier or is being transported to a carrier.

The buyer who must make a written request to cancel their order including at least one live animal which has not yet been delivered to them, will then receive an email telling them to reread article 17 of the General Terms and Conditions and to confirm by written response, want to be fully aware of the application of this article 17.

18. Promotional codes, discounts, sales, sponsorships, bulk purchases and other price reductions

The different actions leading to offering items at reduced prices are not necessarily cumulative. These actions are limited in time and are sometimes subject to a minimum purchase amount and/or a specific action on the part of the customer (sharing on social networks, return of an intact and functional item in its original packaging). origin, compliance with a procedure described in our General Terms and Conditions, etc.).

Certain promotions/reductions are not accessible to professional customers already benefiting from reduced prices.

The refund of items purchased at reduced prices will be deducted by an amount proportional to this reduction.