Table of contents:
Article 1 - Definitions
In these conditions, the following definitions shall apply:
1.1 Additional agreement means an agreement whereby the consumer products, digital content and/or services acquires in connection with a distance contract and these matters, digital content and/or services are provided by the trader or by a third party on the basis of an agreement between that third party and the trader.
1.2 Cooling-off period: the period during which the consumer can make use of his right of withdrawal.
1.3 Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession.
1.4 Day: calendar day.
1.5 Digital content: data that are produced and supplied in digital form.
1.6 Expensive agreement: an agreement that aims at the regular delivery of goods, services and/or digital content over a certain period of time.
1.7 Durable medium: any device ? including email ? that enables the consumer or business owner information that is addressed to him personally, store in a way that future consultation or using it over a period of time adequate for the purpose for which it is intended, and which allows the unchanged reproduction of the information stored.
1.8 Right of withdrawal: the ability of the consumer to within the cooling-off period opt out of the contract.
1.9 Entrepreneur: the natural or legal person who is a member of the Dutch Thuiswinkel organization and products, (access to) digital content and/or services to consumers.
1.10 Distance contract: an agreement between the entrepreneur and the consumer under an organized system for distance selling of products, digital content and/or services until the conclusion of the agreement exclusively or shared use is made of one or more means of distance communication.
1.11 Model withdrawal form: it contained in annex I to this European model withdrawal form. Annex I need not be submitted if the consumer has no right of withdrawal in respect of his order.
1.12 Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur have to be met in the same room.
Article 2 - Identity of the entrepreneur
Brise Care B.V.
trading under the name (s): BRISE
Poortweg 4 A, 2612 PA Delft
telephone number: + 31 (0) 15 – 80 00 240 (local rate)
Chamber of Commerce number: 67705642
Netherlands VAT identification number: NL857140541B01
If the activity of the entrepreneur is subject to a relevant authorisation scheme: the data on the supervisory authority.
If the entrepreneur has a regulated profession:
- the professional association or organisation in which it is connected;
- the professional title, the place in the EU or the European economic area where this is granted;
- a reference to the professional rules applicable in Netherlands and directions where and how this professional rules are accessible.
Article 3 - Applicability
3.1 These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
3.2 Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3.3 If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumers can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
3.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is applicable to him. most favorable.
3.5 If one or more provisions in these general terms and conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions remain valid and the stipulation in question will be replaced without delay by a provision that the scope of the original approached as much as possible.
- Situations that are not regulated in these general conditions must be assessed ‘in the spirit’ of these general conditions.
- Lack of clarity about the explanation or content of one or more provisions of our terms and conditions, should be explained ‘in the spirit’ of these general conditions.
Article 4 - The offer
4.1 If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
4.2 The offer includes a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the entrepreneur uses pictures, these are a true reflection of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer shall be binding on the entrepreneur.
4.3 Every offer will contain such information that clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 - The agreement
5.1 The agreement is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and comply with the corresponding conditions.
5.2 If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
5.3 If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will appropriate security measures.
5.4 The economic operator may within statutory frameworks ? about the consumer’s ability to fulfill his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this research has good reasons not to go to the agreement, he is entitled to refuse an order or request or motivated to implement special conditions.
5.5 The entrepreneur will look upon delivery of the product, service or digital content to the consumer the following information, in writing or in such a way that the consumer can store it on an accessible durable medium:
- the visiting address of the trader’s business where the consumer can lodge complaints;
- the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on existing after-sales service and guarantees;
- the price including all taxes of the product, service, or digital content; where applicable the costs of delivery; and the arrangements for payment, delivery or performance of the contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite;
- If the consumer has a right of withdrawal, the model withdrawal form.
5.6 In case of an expensive transaction, the stipulation in the previous paragraph applies only to the first delivery.
5.7 Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
6.a For delivery products:
6.a.1 When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days, provided the seal has not been broken. If your seal is broken, your order is final and can not be returned. If you make use of your right of withdrawal, you have 14 days after cancellation to return your product. You will then be credited with the full order amount including shipping costs. Only the costs for returning from your home to the webshop are for your own account. This cooling-off period starts on the day after receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.
6.a.2 During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that this is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
6.a.3 If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
6.a.4 If the customer has not made known his / her right of withdrawal or his / her right of withdrawal after expiry of the terms mentioned in paragraphs 2 and 3. the product has not been returned to the entrepreneur, the sale is a fact.
6.b For providing services and digital content:
6.b.1 The consumer can be a services agreement and an agreement for delivery of digital content which is not supplied on a tangible medium for 14 days without giving any reason. The entrepreneur may ask the consumer to the reason of withdrawal, but this not to retire of his reason (s).
6.b.2 The cooling-off period referred to in paragraph 3 shall take effect on the day following the conclusion of the agreement.
Article 7 - Costs in case of withdrawal
7.1 If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
7.2 If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. However, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly authorizes another payment method.
7.3 In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in the value of the product.
7.4 The consumer can not be held liable for the depreciation of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase contract.
Article 8 - Exclusion of the right of withdrawal
- that have been created by the entrepreneur in accordance with the specifications of the consumer;
- already in use by the consumer, such as when the foil of the filter is opened or removed, both delivered with a standard new appliance and supplied separately.
- regarding accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
- the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
- regarding betting and lotteries.
Article 9 - The price
9.1 During the period mentioned in the offer prices of the products and/or services are not increased, except for price changes due to changes in VAT rates.
9.2 By way of derogation from the previous paragraph, the trader may products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur’s control, with variable prices. These fluctuations and the fact that any price mentioned in the offer.
9.3 Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
9.4 Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and:
- they are the result of statutory regulations or provisions; or
- the consumer has the power to terminate the contract on the day on which the price increase takes effect.
9.5 The in the offer of products or services mentioned prices include VAT.
9.6 All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and Warranty
- The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties.
- The delivered products are exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of the entrepreneur and / or on the packaging are treated.
- The inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used..
Article 11 - Delivery and execution
11.1 The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
11.2 The place of delivery is the address that the consumer has made known to the company.
11.3 With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.
11.4 All delivery dates are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a deadline does not entitle the consumer to compensation.
11.5 In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.
11.6 If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.
11.7 The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Article 12 - Duration: duration, cancellation and renewal transactions
12.1 The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
12.2 The consumer can cancel a contract that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period. up to one month.
12.3 The consumer may conclude the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to termination at a specific time or in a given period;
- at least cancel in the same way as they have entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
12.4 A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
12.5 Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has renewed this extension. agreement by the end of the extension can terminate with a notice period of no more than one month.
12.6 A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
12.7 A contract with limited duration to regularly deliver familiarization to daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
12.8 If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed term. to resist.
Article 13 - Payment
13.1 Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in article 6 paragraph 1. In the event of an agreement to provide a service, this will period after the consumer has received the confirmation of the agreement.
13.2 The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
13.3 In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Article 14 - Complaints procedure
14.1 The entrepreneur has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
14.2 Complaints about the performance of the contract should the defects after the consumer has found, fully and clearly described and submitted to the entrepreneur.
14.3 At the within a period of 14 days after the date of receipt. If a complaint longer processing time, the entrepreneur within the period of 14 days replied with a message of receipt and an indication when the consumer can expect a more detailed answer.
14.4 The consumer should the entrepreneur at least 4 weeks to allow time to resolve the complaint by mutual agreement. After this term creates a dispute subject to the dispute resolution.
Article 15 - Disputes
15.1 Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
15.2 The Vienna Sales Convention does not apply.
Article 16 - Modification of the General conditions
Amendments to these terms and conditions will only come into effect after they are published to that end appropriate way, on the understanding that appropriate changes during the term of an offer, the provision that is most favourable to the consumer will prevail.
Model withdrawal form
(fill out and return this form only when you want to withdraw from the agreement)
I/we * part/parts * you also, that I/we * our agreement on the sale of the following products:
- [product name] :
- the supply of the following digital content: [digital content indication]:
- the provision of the following service: [service name]:
- Ordered/received on * on * [date order with services or receipt at products]
- [Name (s)]:
- [Address of consumer (s)]:
- [Signature of consumer (s)] (only when this form is submitted on paper):
* Delete whichever does not apply or complete as appropriate.