General terms and conditions

Article 1 - Purpose and scope

1.1 The Site

These general terms and conditions of sale (hereinafter the "GTC") apply to the www.prorain.shop (hereinafter the "Site"), operated by SRL Fischer & C°, with a share capital of 18,550.00 euros, having its registered office at Boulevard Saint Michel, 47 - 1040 Brussels, registered with the Belgian Trade and Companies Register under number 402 154 872 (hereinafter the "Seller"), which offers for sale, under the brand names Fischer, Plic Ploc, Parfi etc. .. the list is not exhaustive, umbrellas, walking sticks, hats and backpacks, glasses, etc.. As well as various accessories and fashion items (hereinafter the "items"). The seller can be contacted by e-mail at the following address: info@prorain.shop from Monday to Friday, 9am to 5pm (Belgian time). The site is available in French, Dutch and English. The customer acknowledges that the English translations of the site are provided for his convenience when browsing the site.

1.2 - The Customer

Any order or purchase of items on the site is reserved exclusively for professional customers (hereinafter referred to as the "customer"). Sales are made wholesale and not retail, and are strictly for resale or professional use. The seller reserves the right to refuse any order for items of an abnormal nature, particularly in the case of orders for personal use. The customer acknowledges having read and understood these terms and conditions prior to validating his/her order. Placing an order for items on the site, and validating the corresponding box, implies the customer's acceptance, without restriction or reservation, of all the provisions of the GCS shown on the site at the time the order is placed. The terms and conditions may bemodified at any time by the seller. The applicable terms and conditions are those in force on the site atthetime the customer places his/her order, under the conditionsdefined below.These GTC can besavedand/or printed and are accessible on all pages of the site. They are available in French, Dutch and English.

Article 2 - Product information

2.1 - Product characteristics

The characteristics, descriptions, colors, photographs and representations of the articles on the site are the subject of the greatest attention on the part of the seller and are described and presented in the most precise way possible (specifications, illustrations, size, composition, etc.). However, the seller cannot be held responsible for any slight variations in the presentation of the articles or for any differences in appreciation that may result.

The customer is invited to refer to the description of each item in order to learn about its properties and particularities, in particular with regard to the characteristics sought and the size desired, the choice and purchase of an item being placed under the sole responsibility of the customer. The customer may also, at any time, contact the seller's customer service department (hereinafter referred to as "Customer Service") by e-mail at the following address info@prorain.shop to obtain any additional information they may require.

2.2 - Availability of items

The items presented on the site are available for sale while stocks last. Information on the availability of items is provided on the site when the order is placed, and the seller makes every effort to ensure that the availability of items is regularly updated.

Should an item ordered be out of stock, once the order has been placed despite the seller's vigilance, the seller will inform the customer by any means (primarily by e-mail) as soon as possible. The order for the articles concerned will be cancelled, and the customer will obtain a cancellation of his invoice or a refund of the price paid for the articles concerned within a maximum period of fourteen (14) calendar days following the cancellation of the sale. The seller cannot be held responsible in the event of stock shortage or unavailability of items. In the event of an article being out of stock, the customer can subscribe to an alert by entering his e-mail address at info@prorain.shop.

Article 3 - Ordering

3.1 - Order process

To place an order for an item, the customer is invited to select the desired items on the Site and add them to the shopping basket by clicking on the "Add to basket" button. The customer can then continue shopping by clicking on the "Continue Shopping" button. At any time, the customer can delete the items selected on the shopping cart display page, by clicking on the "Shopping cart" icon available on all pages of the site, in the top right-hand corner. Once you have completed your selection, you are invited to check your shopping cart by clicking on the "Shopping cart" icon.

By clicking on "Delete", the customer can then delete one or more of the models selected (without being able at this stage to modify the order, whether in terms of quantity, size, color, type of item, etc.). The customer is hereby informed that all items selected in the shopping basket, whose order has not been finalized via payment, remain available for sale to other customers, and that the seller gives no guarantee that the price in force on the day of the selection not followed by validation will be maintained, the applicable price being that in force at the time of finalization of the order via payment by the customer. Once the basket has been validated by clicking on the "Proceed to checkout" button, the customer's account gives him/her access to his/her personal "my account" area, enabling him/her to track his/her orders and access his/her order history.

To access the history of orders placed before June 30, 2024, the customer may send a request to the seller by e-mail to info@prorain.shop. The seller cannot be held responsible for any inaccuracies in the information provided by the customer when creating a customer account and/or placing an order. It is the customer's responsibility at all times to maintain the security of his/her secure access codes, which are strictly personal. Consequently, any purchase made using the customer's secure access codes will be deemed to have been made by the customer as the holder of these identifiers.

If the customer loses or forgets his/her secure access codes, he/she can request them again by clicking on "Forgotten password" in the "My account" section. To finalize the order, the customer must : - indicate or confirm their first and last name, delivery address and billing address, e-mail address and telephone number.

The customer can also give delivery instructions in a dedicated free field:

Select the delivery method chosen from among those proposed according to the country of delivery (delivery times and costs are indicated at this stage, and may vary according to the delivery method and country), read the order summary (and make any changes in the event of error by returning to the previous stages if necessary). He must then accept his order by clicking on "Payment" for those who wish to pay online, as this is an option giving entitlement to a possible discount. The customer must then confirm that he/she has read and accepted these terms and conditions of sale by ticking the box "I have read and accept the terms and conditions of sale" (a link to the terms and conditions of sale is available at this stage by clicking on "terms and conditions"). The customer may then proceed to payment by clicking on the "Checkout" button, giving access to secure payment of the order after selecting the payment method from those offered by the site and entering the relevant details. The seller reserves the right to refuse to honor an order if it is contrary to the provisions of the GTCS. Similarly, the seller may not be held liable if the administrative and/or technical processing of an order on the site is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond the seller's control, or if there is a strong presumption of fraud, or that fraud has occurred in any form whatsoever, in particular by computer, in which case the seller reserves the right to interrupt or cancel the order in progress. In such cases, the customer will be informed by e-mail of the cancellation of the order, and will be reimbursed for any sums paid prior to the cancellation of the order by the seller, or the invoice will be the subject of a credit note.

3.2 - Proof of order

As a general rule, e-mails will be considered as proof between the customer and the seller, in particular as to the nature and date of the order. Furthermore, in accordance with the legislation of the French Consumer Code, the seller retains the elements relating to any order for a period of ten (10) years and makes them available to the customer on simple request sent by the latter to: info@prorain.shop. The customer is strongly advised to keep a copy (in electronic format and/or on paper) of all information relating to his or her order.

Article 4 - Prices and terms of payment

4.1 - Price list

The selling prices of the articles are displayed :

• For France and EU countries (excluding tax) in € with payment within 30 days of receipt of invoice.
• For Belgium (including tax) in €, with payment within 30 days of receipt of invoice
• For all other countries, payment will be made in € before delivery, and delivery charges will be adjusted accordingly.

Standard delivery charges are offered in certain countries and/or on the occasion of specific events, and may be subject to conditions (in particular minimum purchase conditions) depending on the seller's commercial policy, which may change at any time.

Apart from the above-mentioned cases, the customer must pay the delivery charges corresponding to the country of delivery chosen. Additional delivery charges may be billed to the customer if "express" delivery is chosen.

The customer must also pay any applicable postage and customs charges, as well as any bank charges, which will always be at the customer's expense.

The proposed and available delivery rates can be accessed at any time on the site by clicking on the "Delivery and Postage" link. The delivery rates applicable to the order are those selected by the customer before validating the order, as confirmed by the seller at the time of order confirmation.

The seller reserves the right to modify its prices at any time and without notice. However, the articles will be invoiced to the customer on the basis of the prices in force on the site at the time the order is placed, and the seller will not be able to modify them once the order has been validated via payment.

4.2 - Terms and conditions of payment

The total amount due by the customer is indicated before final validation of the order on the site. Payment can be made on the site by credit card (Carte Bleue, Visa, Mastercard), Paypal account or any other means authorized by the www.prorain.shop website. In this case, the customer receives a 5% discount (excl. VAT) on the order.

To proceed with payment, the customer will need to enter certain credit card details, including the cardholder's name, credit card number, expiry date and cryptogram number. Payment is made via a secure payment solution. The payment will be considered validated after confirmation of the payment agreement by the issuing organization. In the event of refusal by the bank or the Paypal platform, the order will be automatically sent and the order executed. The seller will then be discharged of any obligation to reduce the amount owed to the customer.

Article 5 - Delivery - Transfer of risk

5.1 - Delivery terms

When the customer is eligible for delivery, the conditions, rates and delivery times proposed and available are accessible at any time on the Site by clicking on Delivery and Shipping. The conditions, rates and delivery times applicable to the order are those selected by the customer before validating his/her order, as confirmed by the seller at the time of order confirmation. Items purchased by the customer will be delivered according to the delivery method chosen and to the address indicated by the customer when ordering on the site.

No delivery will be made to a P.O. Box, and the customer is requested to specify the delivery address and times. The seller will do its utmost to dispatch items to the customer as quickly as possible once the order has been placed, in accordance with the delivery method chosen by the customer when placing the order. Notwithstanding the foregoing, in all cases, delivery will be made within a maximum of thirty (20) working days from receipt of the order confirmation e-mail, subject to the availability of the items, as indicated to the customer at the time of ordering.

However, the customer shall bear the consequences (delay in delivery, impossibility of delivery, return of items to the seller, additional transport costs, etc.) resulting, where applicable, from the erroneous and/or incomplete nature of the information provided by the customer for delivery and/or the customer's absence at the time of delivery. Once the order has been dispatched, the customer will receive an e-mail indicating that the order has been dispatched. The customer will be able to track the delivery of his order using the parcel number provided by the seller. It is the customer's responsibility to be present (or represented) when the order is delivered.

5.2 - Late delivery

In the event of late or no delivery, the customer must, as soon as possible, send an e-mail to the seller at info@prorain.shop. The seller will contact the carrier if necessary. If the delivery time is exceeded, without justification by an act of the customer or a case of force majeure as defined by the Civil Code and Belgian case law on the subject, the customer may, in accordance with the legal provisions of the Consumer Code, request the seller to make delivery within a reasonable additional time by registered letter with acknowledgement of receipt or in writing to Fischer & C° Boulevard Saint Michel, 47 - 1040 Brussels - Belgium.

If the seller has not complied within this reasonable additional period, the customer may cancel the order by further registered letter with acknowledgement of receipt or in writing to info@prorain.shop. The order will be considered cancelled on receipt by the seller of the letter or written notice of cancellation, unless the seller has performed in the meantime. The customer will then obtain restitution of the price paid for the order within a maximum period of fourteen (14) calendar days following the cancellation of the order.

5.3 - Receipt of goods

Except in special cases or when one or more items are unavailable, all items ordered will be delivered at once. The risks on the items are transferred to the customer upon delivery, i.e. when the customer (or any third party designated by the customer) takes physical possession of the items concerned. It is the responsibility of the customer (or any third party designated by the customer) to check the number and condition of the items on delivery by the carrier.

If the parcel received is open or visibly damaged, or if all or part of the items in the parcel are damaged, missing or do not correspond to the order, the customer (or any third party designated by him) is invited to refuse receipt of the parcel or items concerned and to make the necessary and sufficiently detailed reservations in writing to the carrier at the time of delivery (open parcel, parcel or item(s) damaged or missing or not conforming to the order, etc.).

In any event, the customer also undertakes to notify the seller without delay by e-mail to info@prorain.shop in order to enable the seller to carry out an inquiry with the carrier and/or to exercise any remedies against the carrier within the time limits laid down by the applicable regulations, where applicable. It is specified that the above provisions do not deprive the customer of the benefit of the right of retraction as provided for in article 6 below, or of the benefit of the guarantees available to him as provided for in article 7 below.

Article 6 - Right of withdrawal

As a preliminary point, it is specified that the right of withdrawal and the present article 6 do not apply to pre-orders placed at the customer's request. The right of withdrawal only applies to standard orders. In this case, you can either send an e-mail to info@prorain.shop or send a letter to the following address: Fischer & C° Boulevard Saint Michel, 47 - 1040 Brussels - Belgium any unambiguous statement expressing the customer's wish to withdraw and including the information necessary for the seller to be able to identify the order concerned (surname, first name, date and order number).

The seller is bound by the legal guarantee of conformity and that relating to defects in the goods sold. In the absence of any indication to the contrary on the site in the case of exceptional events, or in the absence of the seller's written agreement, the customer will then have a maximum of fourteen (14) days to return the items from the date on which he/she exercises his/her right of withdrawal. Items must be returned complete, with their original packaging and box, and labels still attached and intact, to enable the seller to remarket them in new condition. In the event of alteration of the item, resulting from handling other than that necessary to establish the nature and/or conformity of the item, the characteristics or proper functioning of the item, the seller reserves the right to refuse reimbursement or exchange of the item. The costs and risks associated with the return of items remain the responsibility of the seller.

The customer is invited to take all necessary measures to ensure that the items are returned in perfect condition, and to use a carrier selected by the seller. The customer may be held liable in the event of depreciation of the item resulting from handling other than that required to try on the item in a manner permitted in the store, in particular by wearing the item.

The customer must therefore try on the article with all due care, in particular by keeping the inner protective film intended for this purpose. If the conditions are met, the seller will reimburse the items concerned within a maximum of fourteen (14) days following (i) the return of the items or (ii) the date on which the customer provided proof of dispatch of the items (the date used being that of the first of these facts), the remainder of the order remaining firm and definitive. Proof of despatch of the articles shall be understood to mean any means enabling the dispatch of the articles to the seller to be proven without any possible dispute.

Any reimbursement will be made using the same method of payment as that used by the customer for payment or, with the customer's agreement, by any other method of payment, at no additional cost to the customer (bank transfer). In the event of late return of items, exceeding the period of fourteen (14) days from the customer's decision to withdraw (the date shown on the proof of posting/shipping being taken as proof), or if the above conditions are not respected, the seller may refuse to reimburse the customer. In the event of refusal of reimbursement, the articles may be returned to the customer, at his expense, if he so requests within two (2) months of the date of his request.

Article 7 - Legal warranties

7.1 - Conformity and hidden defects

The seller is bound by the legal warranty of conformity and that relating to defects in the item sold (1). On the basis of the legal warranty of conformity, the customer: - has a period of three (3) months from delivery of the product to take action against the seller; - where repair is possible, he may choose between repair or replacement of the product, subject to the cost conditions laid down by the Belgian Consumer Code; - is exempted from proving the existence of the product's lack of conformity during this period. The customer may decide to invoke the warranty against hidden defects in the item sold, in which case he may choose between rescission of the sale or a reduction in the sale price.

The customer must check that the item(s) received correspond(s) to the order and, in the event of a lack of conformity or a latent defect within the meaning of the corresponding legal guarantees, he/she must contact Customer Service at info@prorain.shop, who will provide him/her with the necessary information concerning the return of the item(s) and its/their replacement or reimbursement. The seller will exchange or repair returned items after receipt and examination of the item concerned. The customer is informed of the existence of legal guarantees applicable in his country of residence and subject to national conditions.

7.2 - Warranty exclusions

If the items returned by the customer do not correspond to the items ordered or do not come from the site, the seller will not be bound by the obligations described in article 7.1 above. It should be noted that legal warranties do not cover damage or defects resulting from an external cause (accident, shock, etc.) or from a fault on the part of the customer resulting from use that does not comply with and/or is unsuitable for the characteristics of the articles. Similarly, the present article does not apply if the items were not purchased on the site, insofar as in this case the legal guarantees are owed by the seller from whom the items were purchased.

Article 8 - Liability

The seller may not be held liable for breach of any of its obligations if the improper performance of the contract is the result of force majeure, the act or omission of the customer, the unforeseeable and insurmountable act of a third party to the contract, or an obstacle beyond the seller's control, which the seller could not reasonably foresee at the time of signing the contract with the customer, and the consequences of which cannot reasonably be avoided or overcome by the seller. The seller cannot be held responsible for any direct or indirect damage, whatever the cause, origin, nature or consequence, arising from consultation or use of the site.

In particular, the seller declines all responsibility in the event of interruption or inaccessibility of the site, the occurrence of bugs, or any damage resulting from fraudulent acts by third parties (such as intrusion) from the site. Please note that the seller cannot be held responsible for the use of items purchased, as the customer alone is responsible for their use. Furthermore, unless otherwise specified herein, the customer agrees that use of the site and the selection and purchase of items is entirely at the customer's own risk.

Article 9 - Personal data

If the customer wishes to delete his/her customer account, or if the customer requires further information on how the customer's personal data is handled by the seller in connection with an order, the customer may send a request by e-mail to the following address: info@prorain.shop Article 10 - Intellectual property rights The customer acknowledges that the seller is the owner of its corporate name, trademarks, logos, designs, models, patents, patent applications, advertising materials, representations of its articles and packaging boxes and the intellectual property rights pertaining thereto.

Article 11 - Customer service

Any questions and/or correspondence and/or claims relating to an order placed on the site should be addressed to the customer service department by e-mail at info@prorain.shop.

Article 12 - Partial disability

In the event that one or more stipulations of the GCS are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations of the GCS shall continue to apply under the same terms and conditions.

Article 13 - Applicable law/Dispute settlement

These GTS and any order placed on the site are governed by Belgian law and in the French language, to the exclusion of those provisions which would refer to the mandatory application of foreign law. In the event of a claim or dispute relating to the site, these GTC and/or an order, and prior to any request for mediation, the customer must first contact Fischer & C° Customer Service (by e-mail at info@prorain.shop ) to express his or her claim and attempt to find an amicable solution with the seller. In the event of a complaint not resolved amicably by the customer service department, the customer may refer to :

- recourse to the European Commission's online dispute resolution platform, accessible at the following address: http://ec.europa.eu/consumers/odr/main/index.cfm?event= main.home.chooseLanguage

In the absence of an amicable agreement (including via the mediation process provided for above), or if the customer wishes to bring his claim or dispute directly before the courts without going through an attempt at amicable settlement, the Belgian and Brussels courts in the French language will have territorial jurisdiction to hear any dispute, unless otherwise provided by law, which would refer to the mandatory jurisdiction of a foreign court.

Appendix 1 - Model withdrawal form

For the attention of Fischer & C° Boulevard Saint Michel, 47 - 1040 Brussels e-mail: info@prorain.shop I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of the services (*) below:

- Name(s) and reference(s) of item(s) :

- Ordered on (*) :

- Received on (*) :

- Order number (**) :

- Name of consumer(s) :

- Address of Customer(s) :

- Signature of Consumer Customer(s) (only in the case of notification of this form on paper) :

Date :

(*) Cross out or delete as appropriate.

( **) the Order number is available in the Customer Area on the Site or in the order confirmation e-mail.

Last update : 23/10/2024