EcoPro Terms and Conditions

BROTHER TERMS AND CONDITIONS OF ECOPRO SUBSCRIPTION PLAN

“EcoPro” is Brother’s subscription plan (“Plan”) which provides a circular economy enabled printing service for your existing eligible Brother printer. Your Plan will continue until terminated and each month you will be required to pay a fixed monthly fee for a certain number of pages you print and overage costs for pages above the amount included in your Plan. As part of your Plan we will send you ink and toner (“Ink/Toner”) as you need them and provide maintenance and support for your printer (“Support”).  

This page sets out the legal terms and conditions (“Terms”) for our EcoPro subscription plans available from [https://www.brother.ie/] (“Our Site”). Please read these Terms carefully before you subscribe for a Plan. These Terms tell you who we are, what you get as part of the Plan, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not accept these Terms or if you have any questions about them, do not place an order and please contact via WhatsApp. 

Your use of Our Site is governed by separate terms and conditions. Our Site is published by a branch of Brother International Europe Limited, operating in the Netherlands and the data on Our Site is hosted by Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18 D18 P521 (Tel: +353 (1) 2953826).

1. INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are a branch of Brother International Europe Limited operating in the Netherlands. Our branch office address is Zanderij 25, Amstelveen, Netherlands, 1185ZM. Our registered VAT number is NL863205604B01. Brother International Europe Limited is a company registered in England and Wales, with registered office at Brother House, 1 Tame Street, Audenshaw, Manchester, M34 5JE. Its company registration number is 00664172. 

Contacting us. You can contact us via WhatsApp.

WhatsApp Live Chat
Live chat with our customer service team

Available Monday - Friday 9:00am - 5:30pm

How to Chat 
1. Open WhatsApp
2. Scan the QR Code using your camera, click this link or enter +44 7453 818580 into WhatsApp

Contacting you. If we need to contact you, we will use the contact number, email or postal address you provide to us in your account. From time to time we (and/or our shipping partners) may also use SMS, WhatsApp or other messenger services, where you are happy for us to do so, to provide you with order and shipping updates. For more information on how and why we may contact you, and how we will handle your personal data (such as your contact details) please see our Privacy Policy.

"Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.

2. HOW THESE TERMS APPLY TO YOU
We offer EcoPro subscription plans to consumers and business customers. If any part of these Terms relate only to consumers or to business customers then we state this clearly below.
You are a consumer if you are an individual and you are subscribing for a Plan wholly or mainly for personal use, rather than for use in connection with your trade, business, craft or profession. 
If you are a business customer these Terms (together with the documents referred to in these Terms) constitute the entire agreement between us in relation to your Plan. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms.

Different terms apply to purchases of Brother products. Please visit our Web Sales T&Cs for a copy of the terms which apply to purchases of Brother products.

3. HOW TO SUBSCRIBE AND ACTIVATE YOUR SUBSCRIPTION

Who can subscribe? We deliver Ink/Toner as part of a Plan purchased through our Irish website to addresses in the mainland Ireland only. If you would like to subscribe for Plan and receive Ink/Toner to an address elsewhere, please consult our global directory at, or contact us via WhatsApp.

How to subscribe? You subscribe for a Plan on Our Site. Once you have selected the Plan you wish to subscribe for, you will be guided through the checkout process by a series of on-screen instructions.  By clicking the submit order button at the end of the checkout process, you will enter into a binding agreement with us for the Plan set out in your order, which includes you making monthly payments from the date your subscription is activated until your Plan is cancelled.  As part of the subscription process you will be required to set up an account on Our Site (if you do not already have one) (“Account”) and must provide a valid email address and details of a valid payment method for the monthly charges.  We will send you a confirmation notice by email detailing the Plan you have subscribed for as soon as you place your order. 

How to activate your subscription. In order to receive Support and Ink/Toner, you will need to activate your subscription by inserting subscription compatible ink and toner cartridges in your printer.  Your Plan will start on the date you activate your subscription (“Plan Start Date”) and we will send you an activation confirmation email confirming the Plan Start Date. 

4. YOUR PLAN 
Plan start date and duration. Your Plan will begin from the Plan Start Date and will continue until either you or we cancel it in accordance with these Terms (“Plan Period”). 

Plan Pages. Each month we will monitor how many pages you print.  Each Plan includes a specified number of pages which may be printed by you in each month as part of your subscription (“Plan Pages”).  The number of Plan Pages included varies from plan to plan. See here for details of plans available.

If during the Plan Period you do not print all of the Plan Pages in any month, the unused pages will be rolled over to the next month.  You may only roll over unused pages from the immediately preceding month and any roll over will be subject to a maximum of 100% of the Plan Pages you are entitled to in that subsequent month. The roll over amount will only be used once you have printed all the Plan Pages for that month. Unused pages that cannot be rolled over will be lost and will not be refunded. 

If in any month during the Plan Period, you print more pages than the Plan Pages included in your Plan plus any unused pages rolled over from the previous month, you will be charged for such additional pages at the overage rates detailed in your Plan. 

Ink/Toner. If you do not already have subscription ready ink or toner cartridges in your printer, we will send you a starter set of Ink/Toner as soon as you subscribe for the Plan.  During the Plan Period, we will monitor your usage of Ink/Toner via your printer and will automatically send additional Ink/Toner to you in line with your usage to enable you to print your Plan Pages and any overage amount.  The cost of the Ink/Toner and their delivery to the Irish address in your Account are included within the monthly fees.  

The Ink/Toner we provide during the Plan Period can only be used in connection with your Plan.  Once your Plan ends, these cartridges will stop working and you must return them to us.  You must not resell the Ink/Toner and must use them for your personal or business (as applicable) purposes only in accordance with these Terms. 

Support. During the Plan Period, we offer support in respect of the Brother printer you are using in connection with the Plan in accordance with any existing Brother manufacturers’ warranty that you have for that printer. If that warranty has expired (or expires at any time during the term of your Plan) then we will extend it for the duration of your Plan. This is in addition to any statutory warranty and does not affect your statutory rights. For warranty details and information on how to make a warranty claim, please see here.

Recycling. Each time we send you Ink/Toner you will also receive a pre-paid return envelope. You must return your used cartridges to us as soon as possible, using this return envelope or by contacting us via WhatsApp. Once your Plan has ended, you may also dispose of your printer by sending it to us.  Unless otherwise agreed, the costs associated with this shall be borne by you. Details of how to do this can be found here. If you do send it to us, we will own it and may refurbish, reuse or dispose of it as we see fit. 

5. PRICE AND PAYMENT
Pricing information. You can check your billing date, usage, any promotion/trial period, monthly subscription fees and any overage charges and/or manage your payment method at any time via your Account which you can access via the Brother Mobile Connect App.

What and when you must pay. You must pay charges in respect of your usage each month from the Plan Start Date until your Plan is terminated.  These charges comprise the monthly subscription fee as set out in your Plan and any applicable overage charges for that month also as set out in your Plan (“Monthly Charges”).  The Monthly Charges will be charged at the end of each billing month on the billing date in your Account (“Billing Date”).

Payment method. You must have a valid payment method included in your Account at all times during the Plan Period.  You authorise us to charge your payment method for the Monthly Charges on or after the Billing Date in each month during the Plan Period.

Trial period and promotions. From time to time, we may offer you a trial or promotional period, during which you will not be charged a subscription fee for your Plan (but any applicable overage charges will still apply). The length of any trial or promotional period is reflected in your Account. If you do not wish to continue with the Plan after the initial or promotional period expires, you must cancel your Plan before the end of your trial or promotional period.  Monthly Charges will apply from the day your trial or promotional period expires. You are limited to one trial per Brother printer and per account.  [We will contact you in advance of the expiry of your trial or promotional period to give you the opportunity to cancel your Plan]. 

Invoices. We will send you an invoice by email.  If you need a paper invoice, please contact us via WhatsApp.

Non-payment. If we are unable to collect payment, whether due to expiry of your payment method, insufficient funds or otherwise, we will contact you to try to collect payment. If we are unable to collect payment from you within 7 days of your scheduled payment date we may suspend your Plan until we are able to collect such payment.   If we are not able to contact you or you are unable to arrange the payment within 13 days of your scheduled payment date, we may terminate your Plan.

Changes to your Plan made by us. We may change our subscriptions plans and the price of our service from time to time.  However, we will notify you of such changes at least 30 days in advance and any such changes will not apply until the start of the next Billing Month after such notice expires. In case of an increase in price, you may cancel your Plan in accordance with clause 8 and 9, free of charge within a period of 30 days after notification.

Changes to your Plan made by you. You may upgrade or downgrade your Plan once in any Billing Month by selecting a different option in the Brother Mobile Connect App or by contacting our Contact Centre.  If you upgrade or downgrade your Plan, the following will apply:

(a) If you downgrade (i.e. select a lower priced option which includes fewer Plan Pages):
• The reduced monthly fee and Plan Pages allowance will apply with effect from the first day of your next Billing Month; and
• For the current Billing Month, you will be charged your old monthly fee; 
• At the end of the Billing Month in which you downgrade, we will use your old Plan Page allowance to calculate any overage costs and your new Plan Page allowance to calculate any rollover.

(b) If you upgrade (i.e. select a higher priced option with more Plan Pages):
• The increased Plan Pages allowance will be applied immediately; and
• The new higher monthly fee will apply for the current Billing Month; and
• We will use your upgraded Plan Page allowance to calculate any overage costs and any rollover at the end of the current Billing Month

(c) If you are within a trial or promotional period when you upgrade or downgrade your Plan, your trial or promotional period will be unaffected. You will not be entitled to an extension to your current trial or promotional period as a result of any upgrade or downgrade. 

6. YOUR RESPONSIBILTIES
Use of your Plan. You must not use your Plan or the services we provide to you as part of it for or in connection with any illegal activities. If you are a business user, you must not use your Plan in the furtherance of any printing or copying business (whether directly or indirectly).

Printer compatibility. You are solely responsible for ensuring that your Brother printer is compatible with the Plan you select as part of your order. Please see website for details of the Brother printer models that are suitable for use with EcoPro subscription plans. 

Your printer. You must operate your Brother printer in accordance with all specifications, manuals and instructions provided by or on behalf of us. 

Remote connectivity. Throughout the Plan Period, you permit us to remotely access, monitor and modify your Brother printer’s hardware or software and to receive from your Brother printer all information which we consider necessary for the purposes of providing the Plan without notice to you. You must, at your own cost, ensure that your Brother printer is connected to the internet and correctly configured to share your usage data with us at all times during the Plan Period. If you fail to do so we may be unable to provide Ink/Toner or Support, but you may still be charged. For further details on our use of your information, please see our Privacy Policy.

Termination for non-use. If you do not use your Plan or your Brother printer is disconnected from our network for more than 3 consecutive months, we may end your plan by providing you with written notice. 

Installation of updates. If you do not install the updates we provide within a reasonable period of time, we will not be liable for any resulting compliance failures or inability to use your Plan.

7. IF THERE IS A PROBLEM 
Inspection. You should inspect the Ink/Toner and any other accessories or parts we send you upon delivery. If you notice any defects or problems with these, please contact us via WhatsApp immediately.

How to tell us about problems. If you have any questions or complaints about our services or you think any invoice or information in your confirmation email or your Account is wrong, please contact us. You can view our FAQs or contact us via WhatsApp.

Suspending our services. We may suspend our services as necessary for important business purposes, for example if we need to deal with technical problems, make technical changes or make other changes to our services in response to changes in laws or regulatory requirements. If we need to suspend our services, we will contact you in writing before we do so and you will not be charged for any period during which our services are suspended. 

Your legal rights as a consumer. It is our responsibility to ensure that the products and services we provide to you as a consumer as part of your Plan are as described, fit for purpose and of satisfactory quality. As a consumer, you have legal rights in relation to products that do not meet these standards. This may include the right to reject the affected product, seek a repair or replacement, ask us to re-perform a service and/or receive some or all of your money back and/or compensation. Advice about your legal rights is available from the Competition and Consumer Protection Commission.  

Nothing in these Terms will affect these legal rights. 

Your rights as a business customer. 
(a) We warrant that the products we provide to you as part of your Plan will: a) conform in all material respects with their description; b) be free from material defects in design, material and workmanship; and c) be of satisfactory merchantable quality (within the meaning of the Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services Act 1980). We also warrant that the services we provide will be performed with reasonable care and skill. 

(b) If you give us notice in writing within 30 days of delivery that a product does not comply with the warranty set out above, we shall, at our option, repair or replace the defective product, re-perform the service (for services only) or refund the price of the defective product in full provided you give us a reasonable opportunity of examining such product and you return such product to us at our cost.  This is your exclusive remedy for breach of this warranty and we shall have no further liability to you in respect of such defect.

(c) We will not be liable for a product's failure to comply with the warranty in this paragraph if: a) you make any further use of such product after giving us notice of the defect; b) the defect arises because you failed to follow the product specification or our other written instructions as to the storage, installation, commissioning, use or maintenance of the product; c) you modify or repair the product without our written consent; or d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

The terms of this section 7 shall also apply to any repaired or replacement products supplied by us. 

8. YOUR RIGHTS TO CANCEL YOUR PLAN
Right to change your mind. You may cancel your Plan at any time before you activate your subscription.  You will receive a full refund of any sums you have paid in respect of your Plan and will not be billed for any usage.  

If you are a consumer, you also have a right to change your mind and cancel your Plan within 14 days after the date you receive your first delivery of Ink/Toner. You will receive a full refund of any sums you have paid in respect of your Plan.  However, if you have activated your subscription during this period, we are entitled to charge you for the pages you have printed from activation until you notify us of your cancellation.  This charge will be a percentage of the monthly subscription fee equivalent to the percentage of the Plan Pages you have printed during that period.  

Ending your Plan. You can end your Plan by giving us notice at any time.  You will continue to receive service from us and will be required to pay Monthly Charges until the end of the then current billing month, at which point your Plan will end.

9. HOW TO END YOUR PLAN (INCLUDING IF YOU ARE A CONSUMER AND YOU HAVE CHANGED YOUR MIND)
Tell us you want to end your Plan. If you want to end your Plan with us in accordance with your rights set out in these Terms or your legal rights, you need to let us know.  You can do this:

(a) By using the EcoPro dashboard, which you can access via the Brother Mobile Connect App.

(b) Via WhatsApp or using the Model Cancellation Form. Please provide your name, address, order number and, where available, your phone number and email address. 

(c) By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address. 

Your obligation to return Ink/Toner.  If you wish to exercise your legal rights to change your mind, end your Plan or reject faulty ink or toner cartridges you must return them to us using the pre-paid return envelope we sent to you – contact us here if you’ve lost it.
If you exercise your right to change your mind, you must return the Ink/Toner we have sent to you within 28 days of telling us you wish to change your mind.  

10. LIMITATION OF OUR LIABILITY 
Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) for breach of your legal right to receive products with title and quiet enjoyment implied by section 12 of the Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services Act 1980; (d) defective products under the Liability for Defective Products Act 1991; or (e) any other matter in respect of which we are not permitted to exclude or limit our liability under applicable law.

If you are a consumer:
Nothing in these Terms excludes or limits our liability for breach of your legal right in relation to EcoPro subscription plans which are not: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; and, fit for any particular purpose made known to us.

We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

If you are a consumer we only supply the Plan to you for domestic and private use. If you use Plan for any commercial, business or re-sale purpose then our liability to you will be limited as set out below. 

If you are a business customer:
Except to the extent expressly stated above:

(a) all terms implied by sections 13 to 15 of the Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services Act 1980are excluded;

(b) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(c) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you under your Subscription.

11. HOW WE MAY USE YOUR PERSONAL INFORMATION
Information your Brother printer sends to us. Throughout the Plan Period your Brother printer will send to us all of the information which we consider necessary to provide the Plan to you, including (without limitation) dates and times of printing, the number of printed pages, the size of paper used, the Printer serial number, supply status and cartridge information.

How we use your personal data. We will only use your personal information as set out in our Privacy Policy.

Keeping your information up-to-date. You must ensure that the information you provide to us is kept up-to-date at all times and, in particular, that your e-mail and postal addresses are accurate to enable us to promptly contact you and to deliver Ink/Toner to you. If you fail to keep your information up-to-date you may be unable to receive invoices, Ink/Toner or other information from us but you may still be charged for your Plan.

12. OTHER IMPORTANT TERMS
Variations. We may review and amend these Terms from time to time, for any reason, including to reflect changes in relevant laws and regulatory requirements.  

Assignment. We may assign, transfer or subcontract our rights and obligations under these Terms to a third party at our discretion and we will remain liable for the acts and omissions of any subcontractor as if they were our own acts and omissions. 

You may only assign, transfer or subcontract your rights or your obligations under these Terms to a third party if we agree to this in writing. 

Third Party Rights. This contract is between you and us. No third party shall be entitled to enforce any of these Terms.

Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or invalid, you and we nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the relevant paragraph, and the remaining paragraphs will remain in full force and effect.

Waiver. Our delay or failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

Jurisdiction and applicable law for consumers. These terms are governed by Irish law and you can bring legal proceedings in respect of your Subscription in the Irish courts. 

Jurisdiction and applicable law for business customers. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland and the courts of Ireland shall have exclusive jurisdiction to settle any such dispute or claim.

In addition and if you are a consumer and resident in the European Union you may submit a complaint to the "Online Platform for Conflict Resolution" developed by the European Commission, in order to settle any dispute arising from the sale of EcoPro subscription plans. You can access the Online Conflict Resolution Platform at https://ec.europa.eu/consumers/odr/.

WEEE, batteries and waste packaging. For further information on how we comply with environmental regulations, please see Environmental/WEEE webpage.

Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)

To Brother International Europe, Zanderij 25, Amstelveen, Netherlands, 1185ZM