GENERAL PURCHASE TERMS AND CONDITIONS OF BRAINSCAPE
V.11.05.2026
These General Purchase Terms and Conditions (the "Terms") apply to any request submitted via the Brainscape online trade-in platform (the "Site") for the possible sale of a used electronic device (the "Product") by a private customer (the "Customer") to Brainscape.
Brainscape acts as a professional buyer. The Customer acts as a private seller and declares to act for purposes outside their trade, business, craft or professional activity.
Brainscape makes these Terms available via the Site before submitting the Request so that the Customer can consult, save and print them.
Article 1: Definitions
The following terms have the meaning stated below in these Terms. Words in the singular also include the plural, and vice versa.
"Request": the request that the Customer submits via the Site to have a Product assessed by Brainscape with a view to a possible sale of that Product to Brainscape.
"Assessment": the physical, technical and administrative inspection of the Product by Brainscape or by a third party appointed by Brainscape. This inspection aims to verify whether the Product corresponds to the information that the Customer provided when submitting the Request via the Site.
"Payment": the payment by Brainscape to the Customer of the Final Purchase Price, after conclusion of the Purchase Agreement and in accordance with these Terms.
"Brainscape": BRAINSCAPE NV, a public limited company under Belgian law, with registered office at Kanaaldijk 353, 2900 Schoten, registered in the Crossroads Bank for Enterprises under number BE 0444.532.687 RPR Antwerp. Brainscape can be contacted via email at info@brainscape.be.
"Final Purchase Price": the final price that Brainscape assigns to the Product after the Assessment based on the actual condition and characteristics of the Product.
"Estimated Trade-in Value": the provisional and non-binding valuation of the Product that is automatically calculated via the Site based on the information that the Customer provides about the Product when submitting the Request.
"Approval of the Request": the moment when Brainscape, after assessment of the Product, confirms the purchase of the Product.
"Customer": any natural person who is of legal age and has legal capacity, who acts for purposes outside their trade, business, craft or professional activity, and who offers a Product for sale to Brainscape via the Site.
"Party": Brainscape or the Customer individually.
"Parties": Brainscape and the Customer jointly.
"Product": the used electronic device that the Customer offers to Brainscape for sale via the Service, including the accessories that are expressly mentioned in the Request.
"Service": the online trade-in service that Brainscape offers via the Site and that allows Customers to offer a Product to Brainscape for assessment with a view to a possible sale to Brainscape.
"Site": refers to the website that enables Customers to use the Service, namely: essec.brainscap.eu
"Return": the return of the Product to the Customer when no Purchase Agreement is concluded or when the Customer does not accept an adjusted proposal from Brainscape, in accordance with the conditions and costs as determined in these Terms.
Article 2: Acceptance
By submitting a Request via the Site, the Customer confirms that they have read and understood these Terms in advance, and accepts them fully, expressly and without reservation. The Customer agrees that these Terms bind them from the submission of the Request.
The acceptance of the Terms is done electronically. The Parties accept that electronic actions and communications via the Site (including the submission of the Request, emails and system registrations) can serve as evidence of acceptance and the content of the contractual relationship.
Deviations from or additions to these Terms are only valid if they have been accepted in advance, expressly and in writing by Brainscape. Any general terms and conditions of the Customer or third parties do not apply.
Article 3: Purpose and scope
These Terms govern the conditions under which Brainscape offers the Service via the Site and under which Customers can offer a Product for assessment with a view to a possible sale to Brainscape.
These Terms apply to every Request submitted by a Customer via the Site, as well as to every Purchase Agreement resulting therefrom.
The Service is exclusively offered in Belgium. Brainscape may refuse a Request if the Product is sent from another country or if the Customer does not provide a valid address in Belgium, unless Brainscape has expressly accepted otherwise in advance.
These Terms apply to the exclusion of all other general terms and conditions or documents of the Customer or third parties (see also Article 2). In case of conflict between these Terms and special written agreements between Brainscape and the Customer, the special written agreements take precedence.
Brainscape reserves the right to modify these Terms. The modified Terms only apply to Requests submitted after their publication on the Site. For ongoing Requests and already concluded Purchase Agreements, the version of the Terms in force at the time the Customer submitted the Request applies, unless the Customer expressly agrees to the modified Terms.
Article 4: Access to and description of the Service
The Service is exclusively available to Customers who meet the conditions as determined in these Terms. Brainscape may refuse a Request if the Customer does not comply with these Terms or if Brainscape reasonably suspects that the Customer uses the Service for professional or commercial purposes, fraudulent purposes or in violation of the law.
Via the Service, the Customer can offer a Product to Brainscape for assessment with a view to a possible sale of that Product to Brainscape. The use of the Service, the submission of a Request or the receipt of an Estimated Trade-in Value does not in itself create a Purchase Agreement and does not entail any obligation for Brainscape to purchase the Product.
The Customer is responsible for the correct selection of the Product and for completely and correctly filling in all information requested on the Site, including information regarding the brand, model, storage capacity, technical functioning, external condition, accessories and any blockages or restrictions of the Product.
The Customer provides via the Site the information necessary for processing the Request, a possible Purchase Agreement and the Payment, as well as for compliance with legal obligations (including identification and contact details, bank details in the name of the Customer and identification details of the Product such as serial number/IMEI).
Brainscape may ask the Customer to verify their identity when this is reasonably necessary for fraud prevention, processing the Request, executing the Purchase Agreement or legal obligations. Brainscape limits this verification to the information necessary for the intended purpose. A copy of an identity document is only requested if this is legally required or if no less intrusive verification method suffices. The processing of identification data is done in accordance with Brainscape's privacy policy.
Based on the information provided by the Customer, the Customer receives an Estimated Trade-in Value via the Site. This Estimated Trade-in Value is provisional and non-binding. The Final Purchase Price is only determined after receipt and Assessment of the Product by Brainscape in accordance with these Terms.
If after the Assessment it appears that the actual characteristics or condition of the Product deviate from the information that the Customer provided when submitting the Request, the provisions regarding the determination of the Final Purchase Price apply.
Brainscape may refuse or cancel a Request if there is an objective reason for this, including but not limited to fraud or a reasonable suspicion of fraud, incorrect or incomplete information, a blocked or presumably stolen Product, exceeding the thresholds specified in these Terms, abuse of the Service, a previous serious breach by the Customer in the context of the Service, or non-compliance with these Terms.
Article 5: Payment terms
Payment is made exclusively by bank transfer to the bank account that the Customer specified when submitting the Request.
The Customer is responsible for the accuracy of the provided bank details and confirms that the specified bank account is in their name. Brainscape is not liable for delays or incorrect payments resulting from incorrect, incomplete or outdated bank details provided by the Customer.
Brainscape executes the Payment within five (5) working days after Approval of the Request, provided that the Purchase Agreement has been concluded, Brainscape has all necessary information and there are no indications of fraud, incorrect information, blocking of the Product, dispute about ownership or any other legal or contractual impediment.
If the Customer does not provide correct or complete bank details, the Payment is suspended until the Customer has provided the missing or corrected information. This suspension does not entitle the Customer to interest, damages or any other compensation.
Article 6: Estimated Trade-in Value
Based on the characteristics specified by the Customer via the Site, the Customer receives a provisional, non-binding Estimated Trade-in Value.
The Estimated Trade-in Value applies exclusively on the basis of the information that the Customer provided when submitting the Request and subject to:
- The accuracy and completeness of that information;
- The correspondence between the offered Product and the Assessment by Brainscape;
- Compliance by the Customer with these Terms; and
- Timely shipment of the Product in accordance with this article.
The Estimated Trade-in Value remains valid for ten (10) working days from the date of the Request, provided that the Customer hands over the Product to the carrier within that period using the shipping label provided by Brainscape and the Customer can provide proof of handover if applicable (see Article 8 for this).
If the Product is not handed over to the carrier within this period, Brainscape is not obliged to take into account the Estimated Trade-in Value communicated at the time of the Request. In that case, Brainscape may determine the value of the Product based on the valuation criteria applicable at the time of receipt or Assessment.
The Final Purchase Price is only determined after receipt and Assessment of the Product by Brainscape. If the Final Purchase Price differs from the Estimated Trade-in Value, the provisions of Article 7 apply.
Article 7: Determination of the Final Purchase Price
After receipt of the Product, Brainscape performs an Assessment to verify whether the Product corresponds to the information that the Customer provided when submitting the Request. Based on this Assessment, Brainscape determines the Final Purchase Price.
If the Final Purchase Price corresponds to the Estimated Trade-in Value, the Request is approved, the Purchase Agreement is concluded and Brainscape executes the Payment in accordance with these Terms.
If the Final Purchase Price is lower than the Estimated Trade-in Value, Brainscape notifies the Customer of this by email. This notification states the adjusted Final Purchase Price and, to the extent reasonably possible, the main reason for the adjustment. The Customer then has a period of five (5) calendar days from the sending of the notification to expressly accept or refuse the adjusted Final Purchase Price.
If the Customer expressly accepts the adjusted Final Purchase Price within the aforementioned period, the Purchase Agreement is concluded and Brainscape executes the Payment in accordance with these Terms.
If the Customer refuses the adjusted Final Purchase Price or does not respond within the aforementioned period, no Purchase Agreement is concluded and Brainscape owes no Payment. In that case, the Customer can have the Product returned in accordance with the provisions regarding Return.
In all cases where no Purchase Agreement is concluded (including in case of refusal or non-timely acceptance of an adjusted Final Purchase Price, cancellation or refusal of the Request), the Customer can have the Product returned in accordance with the provisions regarding Return. Brainscape may charge a flat-rate contribution of 15 EUR as a contribution to the shipping and administrative costs. The Return is only executed after receipt of this contribution.
As long as no Purchase Agreement has been concluded, no transfer of ownership of the Product to Brainscape takes place.
Article 8: Packaging, shipping, transport disputes and data on the Product
For shipping the Product, Brainscape provides the Customer with a prepaid shipping label. The Customer must print this shipping label clearly legibly and apply it unchanged to the packaging they use.
The shipping costs for shipping the Product to Brainscape are borne by Brainscape, provided that the Customer uses the shipping label provided by Brainscape and complies with the shipping instructions.
The Customer must pack the Product carefully and with sufficient protection, taking into account the nature and fragility of the Product. The Customer must in particular avoid that the Product can move in the packaging or can be damaged during transport. Brainscape recommends using sturdy packaging material and shock-absorbing protection.
The Customer must keep the proof of handover of the package to Bpost until the Request has been fully processed.
If the Product arrives damaged, the package proves to be empty, or the package contains a different product than the Product mentioned in the Request, and this is the result of an error, negligence, incorrect use of the shipping label or defective packaging by the Customer, Brainscape may refuse or cancel the Request. In that case, no Purchase Agreement is concluded and Brainscape owes no Payment.
Brainscape may rely on the tracking information of the carrier when processing the shipment. The Customer can prove with all legal means of proof that they correctly handed over the Product to the carrier and complied with the shipping instructions.
In case of a transport dispute, including loss, non-receipt, damage during transport, receipt of an empty package or receipt of a different product than the Product mentioned in the Request, Brainscape may ask the Customer to provide the information and documents that are reasonably necessary to investigate the transport dispute and, if applicable, file a claim with the carrier. This information may include the proof of handover, the tracking number, photos of the packaging, the IMEI number or serial number of the Product, and, if available, proof of purchase or other proof of ownership.
If the Customer proves that they correctly packed the Product, using the shipping label provided by Brainscape and in accordance with the shipping instructions, handed it over to the carrier, and the Product is subsequently lost during transport, Brainscape may compensate the Customer up to a maximum of the Estimated Trade-in Value. If the Product was already assessed by Brainscape before the loss, any compensation is limited to a maximum of the Final Purchase Price.
The Customer is obliged to remove all personal data, files, photos, messages, accounts, access codes, SIM cards, memory cards and other personal or confidential data from the Product before shipping, and to make a backup of data they wish to keep in advance. Brainscape will in any case perform a reset when the Products arrive. Brainscape is therefore not liable for the loss of data that the Customer has not backed up or removed before shipping.
If the Site or the Request requires a transfer form, the Customer must fill in this form completely and correctly and add it to the Product or provide it electronically via the method provided by Brainscape. If this form is missing or incomplete, Brainscape may suspend the processing of the Request until the Customer has provided the missing information. The absence of the transfer form does not automatically lead to a change in the Estimated Trade-in Value, unless the missing information is relevant for the Assessment or the value of the Product.
Article 9: Transfer of ownership
Ownership of the Product only transfers from the Customer to Brainscape when the Purchase Agreement has been concluded in accordance with these Terms.
If the Final Purchase Price corresponds to the Estimated Trade-in Value, the Purchase Agreement is concluded at the moment when Brainscape approves the Request after Assessment of the Product.
If the Final Purchase Price differs from the Estimated Trade-in Value, the Purchase Agreement is only concluded at the moment when the Customer expressly accepts the adjusted Final Purchase Price in accordance with Article 7.
As long as no Purchase Agreement has been concluded, the Customer remains the owner of the Product. Brainscape is in that case not entitled to dispose of the Product, except to the extent that this is necessary for the Assessment, storage or Return of the Product in accordance with these Terms.
If no Purchase Agreement is concluded, including because the Customer refuses or does not timely accept an adjusted Final Purchase Price, no transfer of ownership takes place and the Product is returned to the Customer in accordance with these Terms.
Article 10: Transfer of risk
If the Customer uses the shipping label provided by Brainscape and complies with the shipping and packaging instructions, Brainscape bears the risk of loss or damage to the Product during shipment to Brainscape from the moment the Customer has handed over the Product to the carrier and can provide proof of handover.
If the Customer does not use the shipping label provided by Brainscape, uses the shipping label incorrectly, packs the Product insufficiently or unsuitably, sends an incorrect or different Product, or does not comply with the shipping and packaging instructions, the risk of loss or damage remains with the Customer until the moment when Brainscape has actually received the Product.
After receipt of the Product by Brainscape, Brainscape bears the risk of loss or damage to the Product, except to the extent that the loss or damage is the result of an error, negligence, incorrect statement, defective packaging or non-compliance with these Terms by the Customer.
If no Purchase Agreement is concluded and the Product is returned to the Customer, Brainscape bears the risk of loss or damage during the Return until the moment when the Product is delivered to the Customer or offered at the address specified by the Customer.
In case of loss of the Product during the Return, Brainscape compensates the Customer up to a maximum of the Estimated Trade-in Value or, if the Product was already assessed, up to a maximum of the Final Purchase Price, unless Brainscape can prove that the Product was correctly handed over to the carrier or that the loss is due to an error or negligence of the Customer.
Article 11: Statements and warranties of the Customer
The Customer declares and warrants that all information provided to Brainscape via the Site is accurate, complete and current, including information about the Product, their identity, their contact details and their bank details.
The Customer declares and warrants that:
- They are of legal age and have legal capacity, or legally act as legal representative of the owner of the Product;
- They are the owner of the Product and of the accessories mentioned in the Request, or are legally authorized to sell them to Brainscape;
- The Product was obtained lawfully and is not stolen, lost, leased, rented, financed, pledged, encumbered or subject to any retention of title, security right or other right of third parties;
- The Product is not a counterfeit product;
- The Product corresponds to the description and information that the Customer provided when submitting the Request, including, where relevant, the brand, model, storage capacity, technical functioning, external condition, battery status and presence of accessories;
- The Product is free from any blockage or restriction;
- They have not modified the software of the Product in an unauthorized manner and have not performed actions that may prevent or restrict the normal use, control, reset, repair, resale or recycling of the Product;
- They have removed all personal data, files, photos, messages, accounts, access codes, SIM cards, memory cards and other personal or confidential data from the Product before shipping, and have made a backup of all data they wish to keep;
- The specified bank account is in the name of the Customer, unless Brainscape expressly accepts a different procedure.
The Customer undertakes to send all accessories that they mentioned in the Request or that are necessary for the correct Assessment of the Product. If the mentioned or necessary accessories are missing, this may give rise to an adjustment of the Final Purchase Price or to refusal of the Request.
If Brainscape establishes or reasonably suspects that a statement or warranty of the Customer is incorrect, Brainscape may refuse or suspend the Request, adjust the Final Purchase Price, not conclude the Purchase Agreement or, if a Purchase Agreement has already been concluded, terminate the agreement in accordance with common law. This does not prejudice Brainscape's right to claim damages if there are grounds for this.
Without prejudice to Article 2, Brainscape is not obliged to purchase a Product if the Product is blocked or if its use, control, reset, repair, resale or recycling is prevented or restricted.
The Customer declares that the total value of the Products offered via the Service per calendar year does not exceed EUR 2,000 and that they perform a maximum of 30 transactions per calendar year via the Service. The Customer informs Brainscape immediately if these thresholds are or threaten to be exceeded. Brainscape may refuse a Request when these thresholds are exceeded.
Article 12: Cancellation
The Customer may cancel the Request as long as the Purchase Agreement has not yet been concluded in accordance with these Terms.
Cancellation before handover to the carrier is free of charge.
If the Customer cancels the Request after handing over the Product to the carrier, but before conclusion of the Purchase Agreement, they can have the Product returned according to the provisions regarding Return mentioned in Article 10. In that case, Brainscape may charge the flat-rate contribution mentioned in Article 7.
After conclusion of the Purchase Agreement, the Customer can no longer unilaterally cancel the Request, except with the consent of Brainscape or when a mandatory legal right allows this.
Article 13: Security and control of Products
Brainscape may register and control the received Products with a view to fraud prevention, checking the origin of the Product, correct execution of the Service and compliance with legal obligations.
Brainscape may in particular check serial numbers, IMEI numbers and other identification details of the Product in relevant databases or registers for lost, stolen, blocked or suspicious goods.
If Brainscape reasonably suspects that a Product is stolen, lost, blocked, counterfeit or unlawfully obtained, Brainscape may suspend or refuse the Request, suspend the Payment and, if necessary, contact the Customer or the competent authorities.
Data about Products or Customers are only shared with competent authorities if and to the extent that this is legally required or permitted, and in accordance with Brainscape's privacy policy.
Article 14: Protection of personal data
Brainscape processes personal data of the Customer in the context of the Service, including data necessary for processing the Request, Assessment of the Product, execution of the Purchase Agreement, Payment, fraud prevention and compliance with legal obligations.
The processing of personal data is done in accordance with applicable data protection regulations and Brainscape's privacy policy, which is available on the Site.
The privacy policy contains, among other things, information about the processing purposes, the legal grounds, the retention periods, any recipients of personal data and the Customer's rights regarding their personal data.
Article 15: Partial invalidity
If a provision of these Terms would be wholly or partially invalid, void or unenforceable, this does not affect the validity and enforceability of the remaining provisions.
The provision concerned is, to the extent legally permitted, replaced by a valid and enforceable provision that matches the purpose and intent of the original provision as closely as possible.
If replacement is not possible, the provision concerned is deemed not to have been written, without this affecting the validity of the remaining provisions.
Article 16: Non-waiver
The fact that a Party does not or does not immediately exercise a right or remedy from these Terms cannot be regarded as a waiver of that right or remedy.
A waiver of rights is only valid if it is done expressly and in writing.
Article 17: Applicable law and competent court
These Terms, the Requests and the Purchase Agreements resulting therefrom, are exclusively governed by Belgian law.
In case of questions or complaints regarding the Service, the Assessment, the Payment or the execution of these Terms, the Customer may contact Brainscape via info@brainscape.be. Brainscape will make reasonable efforts to handle the complaint within a reasonable time.
If a dispute cannot be resolved amicably, the Customer may turn to the Consumer Mediation Service:
Consumer Mediation Service
North Gate II
Koning Albert II-laan 8 bus 1
1000 Brussels
E-mail: contact@consumentenombudsdienst.be
Website: www.consumentenombudsdienst.be
Disputes fall under the jurisdiction of the courts that are competent according to the applicable legal jurisdictional rules.