Sombreros  Production E-shop General Terms

Point 1. – Reach of the General Terms

The following general terms (the “General Terms”) regulate the relations between the User and Sombreros Production sprl, 511 rue Saint-Léonard at 4000 Liège, registered at the Carrefour des

Entreprises Bank under the number 0535.709.224 (hereafter the “Sombreros”) for access, use, and consulting, as well as all commercial operations made on http://www.rprod.com (“the Site”), as well as all documents, information, services, and models available there.

By connecting to the Site, including any possible sub-site using its interface and its functions, the User agrees that he/she has read and completely understands the following General Terms. By accessing and browsing it, the User consents to the entirety of the General Terms and agrees to respect them. 

Sombreros is free to make any modification, alteration, or addition to the General Terms, at any point, which are immediately applicable. The Users will ensure they have taken the time to peruse the most recent version of the General Terms.

These General Terms constitute and express the entire agreement between the User and Sombreros within the framework of their use of the Site. Any other oral or written agreement which may have previously existed between the two parties is replaced by the terms of the General Terms. Any possible conditions of the User may not be opposed to Sombreros.


Point 2. - Generalities

This Site, its contents, and its addresses are published and brought online by Sombreros.

The Site is hosted by Nuxit (http://www.nuxit.com), whose servers are located throughout the world.

The Site may be accessed without any guarantee of any kid. The Users use the Site and linked sites under their own and sole responsibility.

Despite all the care put into the construction of the Site, Sombreros provides no guarantees, notably:

  • the absence of errors in the functions offered by the Site;
  • the absence of interruptions in the workings of the Site;
  • the immediate correction of any possible faults;
  • the absence of viruses or of any other damaging element;
  • the absence of errors in the information contained on the Site.

Sombreros exonerates itself from any responsibility in case of damages caused by, among others, an interruption, a defect, a delay in operations or transmissions, a computer virus or similar technical problems, a network fault, or for any other possible cause, during the use of the Site or its contents. 

Sombreros manages, in a free and independent way, the Site’s contents. It can then, notably, with no previous notification:

  • suspend or cancel access to the Site or to a part of it;
  • modify the information and products available on the Site;
  • modify the presentation of the Site, its structure, and its articles.

 

Point 3. – Intellectual Property

The Site, its contents, and any other material and element of the Site such as: the game boxes, texts, graphics, interfaces, pictures, logos, fonts, patterns, drawings, interviews, databases, brands, domain names, music, source code, audio and visual excerpts, and including the design, the structure, the expression, and the general impression of the Site (hereafter all together “the Contents”), are and remain the exclusive property of Sombreros and are controlled by Sombreros or the concerned right holders.

The Contents cannot be the object of another use than those expressly authorized or required by the browsing of the Site.

It is notably strictly forbidden, without previous and written authorization from Sombreros, to reproduce, to download (even if this is technically possible), to modify, to adapt, to use, to translate, to broadcast, to communicate to the public, to decompile, to disassemble, to commercialize and dispose of all or part of the Site’s Contents, to whatever end and in any way, permanently or temporarily, including for non profit reasons.

Unless it is expressly authorized by Sombreros on the Site (via the presence of buttons or of required links) the Users cannot download, copy, reproduce, communicate, broadcast in such a way that the information which are accessible to them on the Site onto a social network, a blog, a forum, a platform, or any other media or internet site accessible to the public, whether the broadcast is for commercial ends or not.


Any non authorized use of the Contents constitutes notably a counterfeit and can give rise to civil or penal lawsuits and to the payment of damage and interests.

Article 4. – Respect of the Site and of the Internet network
The Site’s User agrees to not commit or fail to perform actions which would have as a goal or as an direct or indirect effect:
• to perturb or interrupt the networks connected to the Site or the servers of others;
• to not conform to all regulations and procedures of the Internet network;
• to hinder the use of the Site;
• to copy, alter, modify, or interfere with the Site, its use, or its contents;
• to use the Site to illegal ends, forbidden by the terms of the General Terms, or by impacting the rights of Sombreros, or to encourage such actions.

The User agrees to not use a program, a method, an algorithm, or any other means which could interfere with the proper workings of the Site, nor to copy, access, obtain any information, document, materiel of any sort by any means, which have not been willingly made accessible by the Site. The User will not interfere with the use of the Site by others, by trying for example to get access to personal data, passwords, or tracing any information of others who have had access to the Site. The User will not test the Site’s capacity, or its vulnerabilities, and will refrain from any action which could affect its security or its integrity. The User also agrees to not perform actions which may have the effect of imposing a burden on the bandwidth.

Article 5. – Online ordering of articles

a. Generalities

The Users can order articles via the Site.

Sombreros keeps all of the intellectual rights on the articles offered for sale. The Users cannot claim any right ending, no matter what it may be, on the articles in question, unless they have a specific and written agreement from Sombreros. They can therefore not claim, without this list being exhaustive, to modify/make modifications to the articles, distribute them to the public, sell them, reproduce them, cede the rights to them to others, or harm the moral rights of the right holders. 

The articles ordered are reserved exclusively for a private use and in the buyer’s family circle. 

The User declares that they are of legal age and have the legal capacity (or are in possession of an authorization from their legal representative) allowing them to perform an order on the Site and agree to these General Terms.

Sombreros can in no case be held responsible for a lack of available stock.

b. Products

Sombreros does what it can to present in the most reliable way the images and products on the Site. Sombreros can however not guarantee the quality of the presentation of the colors and images in general on the User’s computer. 

Sombreros reserves the right to limit the sale of products to certain people or geographical regions. Sombreros can apply that right on a case-by-case basis. Sombreros reserves the right to limit the quantity of products offered or limit the quantity of products which can be ordered by a person, household, or by order. These limits can apply to orders made by the same client account, the same credit card, or to the same delivery or billing address.

Sombreros can also refuse orders which appear, in their sole judgement, to be coming from businesses, resellers, or distributors, and proceed in such a case to all pertinent verifications.

The descriptions of the products and their prices may change at any time with no previous notification, at the sole discretion of Sombreros. Sombreros reserves the right to cease the distribution of a product at any time. Sombreros does not guarantee that the User will be satisfied with the quality of the products, the information, or of the material purchased or obtained on the Site. Sombreros will only honor orders within the limit of available stock.

c. Price

The prices are shown in Euro and includes sales tax at the applicable rate, if applicable, but not shipping costs. The proper price is the one indicated on the Site on the day of the order’s registration.
Sombreros reserves the right to vary upwards or downwards the prices shown according to criteria left to its discretion. In all cases, the price of the product before taxes will not change between the order and the delivery of the product.

The price does not include the customs and/or importation fees which may be due by the User for an order made outside of the European Union. These fees are payable directly by the User to the appropriate services. It is the User’s responsibility to inform themselves on these duties and taxes which may be applicable to their shipment, no information may be given to the User by Sombreros on that subject as part of the order.

d. Order

The order is placed online, from the Site. The User who wishes to place an order must create an account by providing their given name, family name, their email, and their physical delivery address and, if different, their billing address. The User may also provide their phone number.

The placing of the order via the Site causes the agreement on the price given for the ordered item as well as the shipping fees given on the basis of the delivery address and of the weight of the ordered package. The contract is concluded as soon as Sombreros has confirmed the reception of the order. The confirmation is made via the sending of an email to the email address given by the User, recapping the terms of the order in accordance to article VI.45 of the Economic Legal Code.

Sombreros will proceed to the shipment of the ordered article as soon as the payment of price in its entirety has been processed.

Sombreros reserves the right to cancel or refuse any order from a User in case of insolvency or the factual lack or payment on a previous order or if it happens that the User doesn’t respect all of the present General Terms or the regulations in effect.

f. Payment methods 

The payment of the orders is made online through the site via one of the following payment methods:

  • Paypal;
    The User acknowledges that communication of information relative to their bank card means authorization of debit from their bank account to the profit of Sombreros, to the amount of the due total, all taxes included.
    The security of electronic fund transfers and, in a broader sense, the proper execution of payment orders exclusively stem from the responsibility of financial organisms managing these transfers.
    Transactions with Paypal are regulated by Paypal’s General Terms, which may be consulted on the site www.paypal.com.

g. Delivery

The products will only be delivered after reception of the payment of the full price by Sombreros. The deliveries of products are shipped to the postal address that the User has given as a shipping address, during the validation of their order. The responsibility of the User will be engaged if the information given is erroneous, or incomplete, and do not permit the delivery of the ordered products.

Shipping fees are given in the order’s recap and vary depending on the User’s country, the weight of the article, and and possible logistical fees.

Delivery time is expected to be within thirty working days starting from the effective clearing of the payment by Sombreros, but may be longer in case of shipping outside of the European Union. This time is given as an estimate and may not be considered binding. Sombreros may not be held responsible of delays in shipping due to external reasons independent from its will.

The delivery is made through the mail, unless a definite choice is made by the User with the authorisation of Sombreros.

Products are shipped with an invoice.

h. Return Conditions and Retraction Rights

In accordance to the Economic Legal Code, the purchaser has the right to notify Sombreros that they renounce the purchase, with no penalty or motive, in the fourteen (14) calendar days following the shipment of the article to the buyer, or to the third party they have designated to that effect.

The renouncement is made by the sending of an email to Sombreros to the address below, in which the user will either send the completed retraction form (available below), or either a non-ambiguous declaration expounding the decision to withdrawing from the sales contract.

The User will return to Sombreros the ordered article in the fourteen (14) calendar days following the communication to Sombreros on their decision to withdraw from the contract. The return of the goods will be at the User’s cost, via mail. The returned products must be in perfect condition, in their original packaging, with all of the accessories, notices, etc. The game elements (cards, accessories, booklets, etc.) cannot have been unsealed. The products must be protected in a way at least equivalent to the protection used for the original shipment. Any possible audio, video, or software product cannot have been unsealed. 

If the User wishes to renounce their purchase before the shipping of articles by Sombreros, the articles will not be shipped and Sombreros will proceed to refund without sending a bill to the User. 

Any article not conforming to the order will give rise to an exchange or a refund.
The User must return any defective product to Sombreros in the fourteen days following its reception while mentioning the reasons of the return and specifying whether they wish a refund or to receive and exchange of the product. The product’s return is then made at Sombrero’s cost.

In the case where the article is shipped damaged or defective, Sombreros will proceed to an exchange or a refund, as long as they have been notified of the defect within 24h of the User receiving the order. The latter must then return the defective product to Sombreros in the fourteen days following its reception while mentioning the reason for the return and specifying their desire to be refunded or to receive an exchange of the product. The product’s return is then made at Sombrero’s cost. 

Any possible refunds are made via Paypal or through the payment method selected by the User when placing their order, within the fourteen (14) days following either the recovery of the goods or either the shipment, by the User, of the proof of shipping of the goods, according to what has previously been stated, the first of these dates being taken into account.

Refunds do not include the initial extra shipping fees due to the User’s explicit choice of method of shipping other than standard and less costly delivery offered by Sombreros.

Return are at the User’s risk, to the address of the business front of Sombreros

Production, Rue des Comédiens 22 at 1000 Brussels Belgium.

Article 6. – Personal Data: Respect of Private Life Policy 

Users agree and are cognizant of the fact that Internet is not a fully secure information transfer method and that consequently a total guarantee of the respect of their private life cannot be assured. Repos/Sombreros, however, gives the full attention required in regard to the respect of applicable law as to the respect of private life within the bounds of electronic communication, as detailed in the General Data Protection Regulation (hereafter “GDPR”).

Only the personal data given by Users of their own free will are collected by Repos/Sombreros. Data collected by Repos/Sombreros include family names, first names, and email addresses of users. These are collected according to the use for which the user has given their consent (art. 6.1.a. GDPR) or in the measure necessary to the execution of the agreement between the user and Sombreros (art. 6.1.b. GDPR). In some cases, the data of users may be used by Repos/Sombreros to send newsletters or promotional information on its activities or products, in the measure where this use would be in accordance to its legitimate interests, which consists in keeping its clients informed about new products, its participation in fairs or contests, of prizes won through games, etc. (art. 6.1.f. GDPR). The use can unsubscribe from this mailing list at any point.

Data is stored on servers located in the European Union or in third-party countries which provide an adequate level of protection according to article 45 GDPR or by virtue of a contract granting appropriate guarantees according to article 46 GDPR. Repos/Sombreros takes all useful measures to ensure the security and confidentiality of private data, notably by ensuring the security of their servers.

In accordance with the applicable regulations, users whose data are treated by Repos/Sombreros have the following rights:

  • The right to access allows users to be informed of and to request access to personal data by receiving a copy.
  • The right of rectification allows users to request a change or to update incorrect or incomplete personal data.
  • The right of erasure allows users to request a permanent deletion of personal data, except when the data is required by the execution of a still-valid agreement between the parties.
  • The right of refusal allows users to refuse the collection of personal data, without it causing issue to collection made prior to this refusal. The right of refusal can be applied to certain communication categories and may not be applied when the collection is required by the execution of a still-valid agreement.
  • The right to data portability gives the user the right to ask for a copy of personal data in electronic format (ex: pdf document).

No data is recorded without the User’s knowledge, or destined to be shared with a third party, or used for commercial purposes, or to draw up a statistical profile of the Users.

When Users’ data are communicated upon consent, they are kept by Repos/Sombreros for as long as that consent has not been rescinded. When collecting said data has been made necessary by the execution of the current contract. Finally, when the collection of data is based on the legitimate interest of Repos/Sombreros, the data is kept for as long as that legitimate interest continues, unless you’ve notified your desire to no longer be contacted for this purpose.

For any questions with regards to the protection of private data, or if the User believes that their rights or private data are not respected, those responsible for the treatment of said data can be reached: Repos Production sprl, 22 rue des Comédiens 1000 Brussels, Belgium, (BCE 0863.606.935), and Sombreros Production sprl, 511 rue Saint Léonard in 4000 Liège (BCE0535.709.224): info@rprod.com. Moreover, Users have the option of making a claim at the Data Protection Authority via phone +32 (0)2 274 48 00 or by e-mail contact(at)apd-gba.be (www.autoriteprotectiondonnees.be).

Article 7. – Cookies

To optimise its use, the Site uses cookies to store information on the User’s session. These cookies allow Sombreros to save products in the User’s basket and to keep them there for the duration of the User’s purchases. 

In addition, cookies allow the generation of anonymous statistics on visits to the site, including the origins of the visits (the site from which Users arrive on the Site). By agreeing to these current General Terms, the Users agree to the use of cookies by Sombreros, as these are active by default. Any User who doesn’t agree to the use of cookies will have to deactivate them directly on their browsing system, which can cause issues with the proper working of the Site.

Point 8. – Linked Sites

The Site can contain links to other Web sites belonging to third parties (“Linked Sites”). These Linked Sites are at the disposal of the Users for their ease and are not under the control of Sombreros. As such, Sombreros is exonerated of any responsibility as to their contents and the information they contain. The Users reach these of their own will and under their own responsibility.

Point 9. – Responsibility Limitation

If, despite the dispositions of the General Terms, Sombreros is held responsible to any damage or loss stemming from or connected to the use of the Site or of its Contents, the responsibility of Sombreros can in no case exceed 1.000 €.

The User agrees to guarantee Sombreros, its employees, rights holders, agents, affiliates, sub-contractors, and partners in case of action, loss, claims, compensation, indemnity (including legal fees), introduced against Sombreros by any third party, in relation to or in consequence of their use of the Site.

Article 10. – Proof

The computerized registries kept by Sombreros will be considered as proof of communications, orders, and intervening payment. They are probate force unless proven otherwise. 

The data on computerized or electronic support constitute valid proof and as such may be received under the same conditions and with the same probate force as any document which would be on paper support.
Sombreros does not have the obligation to preserve data. The User should print out and keep the details of orders until receipt of ordered products.

Article 11. - Violation of the Usage General Terms

Sombreros can communicate any information concerning the Users (including their identity) if this is necessary in the case of complaint or investigations concerning a usage of the Site which does not conform to the General Terms, or to the applicable legislation. To this end, Sombreros may be able to keep all shipping slips, data, and information a User would have communicated through the use of the Site.
Such will also be the case in order to be able to identify, contact, or begin legal action against a person causing prejudice or interfering with the Site or with the rights of Sombreros, or the rights of the other Users of the Site.
Sombreros thus reserves the right to reveal at any moment any information deemed necessary, in conformity with the applicable law, to a judgement, or a request of public power, including the exchange of information between companies with the objective to prevent fraud.
Any violation of these General Terms will be considered, among other, as an act of disloyal competition and a contractual lack which calls for monetary reparation or other, according to what will be deemed most appropriate by Sombreros.

In case where Sombreros had to take legal action following a violation of the terms of the General Terms by a User, the latter will be held to reimburse all fees Sombreros had to incur so doing on that occasion, including legal fees, costs and expenses, in addition to the indemnity owed to Sombreros.

Article 12. – Voiding of a Clause

If one or more of these General Terms is considered as void and not applicable by a court, only the minimum will be considered void and will be replaced by valid dispositions which respect to the utmost the objective of these General Terms.

Article 13. – Applicable Legislation and litigation

The General Terms are entirely regulated by Belgian law, as well as all communication between Sombreros and the Site’s Users concerning its use. 

In case of litigation, only the courts and tribunals of the borough of Brussels taking place in the French language are competent.

Article 14. - Contact

SOMBREROS PRODUCTION SPRL

RUE DES COMEDIENS 22
1000 BRUXELLES
TVA BE 0535.709.224
Tel.: +32 471.95.41.32
E-mail:
shop@rprod.com

RETRACTIONFORMMODEL

Please complete and return this form to the following email shop@rprod.com only if you wish to retract yourself from the contract by returning the purchased product.

The retraction right is reserved to consumers in the meaning of article I.1.2° of the Belgian Economic Legal Code.