Terms and Conditions
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Scope of application
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of the right of withdrawal
Article 8 – Exclusion of the right of the withdrawal
Article 9 – The price
Article 10 – Compliance and guaranty
Article 11 – Delivery and execution
Article 12 – Continuing performance contract: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different terms
Article 1 – Definitions
The terms used in these general terms and conditions are defined as follows:
- Cooling – off period: the period which the consumer can make use of his right of withdrawal;
- Consumer: the natural person not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract concerning with a series of products and / or services, whose supply and / or purchase is spread in time;
- Durable medium: any storage device that allows the consumer or the entrepreneur to store information provided to him personally to be stored in a way that future consultation and unaltered reproduction of the information is made possible.
- Right of withdrawal: the possibility for the consumer to –within the cooling off period- opt out of the distance contract;
- Model form: the model form that the entrepreneur makes available to the consumer and that the consumer can fill in when he wishes to exercise his right of withdrawal;
- Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
- Distance contract: a contract which is concluded within the framework of an organized system for the entrepreneur, with the use of one or more means of distance communication
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and the entrepreneur are met simultaneously in the same location.
- Terms and Conditions: these general Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
1811 BE Alkmaar
Telephone number: +31630639162
Chamber of Commerce number: 78092922 (kvk.nl)
VAT identification number: NL003285600B26
Article 3 – Scope of application
- These Terms and Conditions apply to every offer of the entrepreneur and any distance agreement or order between the entrepreneur and the consumer.
- Before the distance agreement is concluded, the text of these Terms and Conditions will be made available to the consumer in such a way that it can be easily stored on a durable data carrier by the consumer. If this is not reasonably possible, then before the distance contract is concluded, the entrepreneur will indicated that the can be reviewed and at the request of the consumer will be sent free of charge
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the Terms and Conditions by electronics means can be found and that the, at the consumer’s request, by electronic means or otherwise will be sent free of charge.
- In addition to these Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer can, in the event of conflicting terms and conditions, always relay on the applicable provision that is most favourable to him.
- When one or more provisions of these conditions are void or destroyed in whole or in part, the agreement and the remainder of these Terms and Conditions and the relevant provision will be replaced by a provision that covers the original as much as possible.
- Situations that are not governed in these Terms and Conditions, should be assessed ‘in spirit’ of these terms and conditions.
- Lack and clarity about the interpretation or content of on e or more provisions of our Terms and Conditions, must be explained ‘tot the spirit’ of these Terms and Conditions.
Article 4 – The offer
- If an offer is subject to a limited duration or subject to conditions, this will be explicitly mentioned.
- The offer in the web shop is without obligation. The entrepreneur is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products/services offered. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the entrepreneur uses illustrations, these are a true reflection of the products/services offered.
- All pictures, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
- Every offer will contain such information that it is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- the price including taxes;
- the height of any shipping costs;
- the way in which the contract shall be concluded and which actions this will require;
- whether or not the right of withdrawal applies;
- the arrangements for payment, delivery and performance of the contract or order;
- the deadline for accepting the offer, or the period within which the entrepreneur guarantees the offered price;
- the rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic fee for the means of communication used;
- whether the agreement is filed subsequent to its conclusion, and if so how the consumer can consult it;
- the way in which the consumer can rectify the information provided under the agreement, before the conclusion of the agreemen’t;.
- Other languages, beside Dutch , a agreement can be entered;
- Code of Conduct which entrepreneur has to conform and instructions where the consumer can find the Code of Conduct digital;
- The minimum duration of the distance agreement of a duration transaction.
Article 5 – Conclusion of agreement
- The agreement is subject to the provisions of paragraph 4 of this article, concluded at the time the consumer accepts the offer and comply with the corresponding conditions.
- If the consumer has accepted the offer electronically, confirms entrepreneur by electronic means receipt of the order without delay. As long as the order is not confirmed by the entrepreneur, the consumer may rescind or cancel the agreement free of charge.
- If the contract is concluded electronically, the entrepreneur shall 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 entrepreneur will take appropriate security measures.
- The entrepreneur can-within statutory frameworks- inquire about the consumer’s ability to fulfil his payment obligations, as well as 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 does not enter into the agreement, he is entitled to refuse an order or request special conditions.
- The entrepreneur will add to the product or service the following information, in writing or in such a way that the consumer can store it on an accessible durable medium:
- the address of the place of business of the entrepreneur;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on existing after-sales service and guarantees;
- the conditions in article 4 paragraph 3 of these recorded data, unless the entrepreneur has already provided the consumer with this data before the implementation of the contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or for an undetermined time.
- In the event of a duration transaction the previous paragraph applies only to the first delivery.
- Any agreement or order is entered under the condition of sufficient availability of the products.
Article 6 – Right of withdrawal
Delivery of products:
- In the event of a purchase, a consumer has the possibility to dissolve the agreement for 14 days without giving any reason. This period commences on the day following receipt of all products by the consumer or a by the consumer announced representative.
- During the reflection period, the consumer shall handle the product and the packaging with care. He will only unpack or use the product to the extent necessary in order to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will have the product and if reasonably possible- in the original condition and packaging returned to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wants to use his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days of receipt of all the products. The consumer can do this by means of the standard form. After the consumer expressed wanting to make use of his right of withdrawal, the consumer shall return the product within 14 days to the entrepreneur. The consumer must prove that the products are returned in a timely manner, for example by means of a proof of mail delivery.
- If the consumer at the end of the statutory period in paragraph 2 and 3 of this article has not expressed to want to make use of his right of withdrawal or the product has not been returned to the entrepreneur, the sale is a fact.
Delivery of services:
- When delivering services, the consumer can terminate the contract without giving any reason within 14 days after concluding the agreement.
- To exercise his right of withdrawal, the consumer will inform the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of right of withdrawal
- If the consumer exercises his right of withdrawal, the costs of return are entirely for the account of the consumer.
- If the consumer has paid an amount, the entrepreneur shall ensure that within 14 days after the consumer expressed wanting to make use of his right, .the full amount is refunded to the consumer. The consumer must prove that the delivered goods are returned, for example by means of a proof of mail delivery
Article 8 – Exclusion of the right of withdrawal
- The entrepreneur can exclude the right of withdrawal of the consumer as far as provided for in paragraph 2 and 3 of this article. The exclusion of het right of withdrawal is valid only if the entrepreneur states this clearly in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- That the entrepreneur has established in accordance with the consumer’s specifications;
- That are clearly personal in nature;
- That cannot be returned due to their nature;
- That rapidly decay or become absolute;
- The price of which is subject to fluctuations on the financial market on which the entrepreneur has no influence;
- For individual newspapers and magazines;
- For audio and video recordings and computer software whose the consumer has broken the seal;
- Hygiene products that are sealed and who’s the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- on accommodation, transport, restaurant or leisure that has to be carried out on a certain date or during a given period;
- services which the delivery with the express consent of the consumer started before the cooling off period has expired;
- Betting and lotteries.
Article 9 – The price
- During the period mentioned in the offer, the prices of the offered products/services do not increase, except for prices changes due to changes in VAT rates.
- Contrary to the previous paragraph the entrepreneur can offer products whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control, with variable prices. These fluctuations and the fact that any prices are variable will be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
- Prices increases form 3 months after the contract was concludes are only allowed if agreed upon beforehand with the entrepreneur 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 prices increase takes effect.
- All prices mentioned are inclusive of VAT.
- All prices are subject to misprints. The entrepreneur is not liable for misprints. By misprints the
Entrepreneur is not obligated to deliver the product according to the incorrect price.
Article 10 – Compliance and warranty
- The entrepreneur guarantees that het products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provision and/or Government regulations. If agreed the entrepreneurs also states that the product is suitable for other than normal use.
- A warranty by the entrepreneur, manufacturer or importer does not alter the legal rights and claims that the consumer can assert under the agreement with the entrepreneur.
- Any defects or wrong products delivered must be reported in writing to the entrepreneurs with X days/weeks after delivery. Return of the products must be made in the original packaging and new state.
- The warranty period of the entrepreneur corresponds to the factory guarantee period. The entrepreneur is not responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The guarantee does not apply if:
- The delivered goods have been repaired and/or modified by third parties and/or the consumer;
- The delivered goods are exposed to unusual circumstances or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.
- The inferiorly in whole or in part is the result of rules that the Government has asked or will ask about the nature or quality of the materials used.
Article 11 – Delivery and execution order
- The entrepreneur will take the greatest possible care in the receiving and the execution and/or delivery of the orders and the services.
- The place of delivery is the address that the consumer has notified to the entrepreneur.
- Accepted orders will be sent promptly but no later than 30 days after order message, unless the consumer has given permission that a longer delivery period is complied with. If delivery is delayed, or if an order is not or only partially carried out, the consumer will receive a message and has the right to terminate the contract without penalty.
- All delivery times are indicative. Exceeding a term gives consumers no right to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount which the consumer has already paid as soon as possible but no later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will attempt to provide a replacement product. At the latest when the delivery is made, it will be reported that a replacement article is delivered. At replacement articles the right of withdrawal cannot be ruled out. The costs of any return shipment shall be borne by the entrepreneur.
- The risk of damage and/or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer, unless otherwise expressly agreed. To the delivery obligation by the entrepreneur is met, once the order is offered to consumer once.
Article 12 – Duration transactions: duration, cancellation and renewal
- If the consumer has entered into a contract for an indefinite period, which extends to the regular delivery of products (including electricity), at any time he can terminate it under the applicable termination rules and at a maximum of one month’s notice.
- The consumer that had contracted for a definite period, which extends to the regular delivery of products (including electricity) or services, can at any time by the end of the fixed period terminate the agreement under the applicable termination rules and at a notice of one month.
- The consumer can, for the agreements mentioned in the previous paragraphs:
- terminate and not be limited to cancellation at some time or in a given period;
- cancel at least in the same way as they are entered into by him;
- cancel to the same notice period as the entrepreneur has stipulated for itself.
- The consumer that had contracted for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a definite period.
- Notwithstanding the previous paragraph, an agreement concluded for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines can be tacitly renewed for a definite period of maximum of three months, if the consumer has the possibility to cancel the extended agreement at the end of the extension with a notice of one month.
- A agreement for a definite period, which extends to the regular delivery of products (including electricity) or services, may only be extended for an indefinite period if the consumer can cancel at any time with a notice of maximum one month and a notice of maximum three months, with a agreement extends to the regular, but less than once a month, delivering dailies, weeklies and magazines.
- A agreement for a definite period, which extends to delivery of a trial or introductory of newspapers, weeklies and magazines (trial or introductory subscription) will be ending automatically and will not continued automatically after the trial or introductory .\
- Agreements with duration of more than one year can be cancelled after one year at any time and with a notice of maximum one month, unless the reasonableness and fairness is an objection against the termination before the agreed duration.
Article 13 – Payment
- As far as not agreed otherwise, the amounts owed by the consumer have to be paid within 7 business days after the cooling off period ex article 6 paragraph 1. In case of an agreement to provide a service, the amounts have to be paid within 7 business days after the consumer has received the confirmation of the agreement.
- The consumer has the duty to report inaccuracies in payment data provided or stated without delay to the entrepreneur.
- In case of non-payment subject to statutory limitations, the entrepreneur has the right to advance to the consumer reasonable costs to charge.
Article 14 – Complaints procedure
- The entrepreneur has a complaints procedure and handles complaints by filling out the complaints procedure.
- Complaints about the performance of the contract or an order should be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has found the flaws.
- Complaints are handled within 14 days from the date of receipt. If a complaint requires longer processing time, the entrepreneur will, within the period of 14 days, reply with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be solved in joint consultation, a dispute arises that is susceptible to the dispute resolution.
- With complaints that cannot be solved in joint consultation, the consumer has the possibility to contact Stichting WebwinkelKeur (www.webwinkelkeur.nl). Stichting WebwinkelKeur will mediate for free. If there is no solution after the mediation, the consumer has the possibility to submit the complaint to Stichting GeschilOnline, the decision of Stichting GeschilOnline is binding. The consumer and entrepreneur agree with this binding decision. The submission of a dispute to the arbitration are not for free. The consumer must pay the costs of the arbitration. Furthermore residents living in the EU can use the European Dispute resolution platform to submit a complaint in order to reach an out-of-court settlement. This platform is available on http://ec.europa.eu/odr , but we would advice to contact Stichting WebwinkelKeur first.
- A complain do not suspend the entrepreneur of his obligations, unless the entrepreneurs indicates in written otherwise.
- If the consumer complaint is well-founded, the entrepreneur has the possibility to replace or repair the delivered products for free.
Article 15 – Disputes
- Dutch law shall apply exclusively to any dispute, agreements and orders, even if the consumer lives abroad.
- The Vienna Sales Convention shall not apply.
Article 16 – Additional or different terms
Additional derogations from these general terms and conditions must not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by consumer.
Brahman Bracelets respects the privacy of its website visitors, in particular their rights regarding the automatic processing of personal data. We have therefore formulated and implemented a policy on complete transparency with our customers regarding the processing of personal data, its purpose(s) and the possibilities to exercise your legal rights in the best possible way.
If you require any additional information about the protection of personal data, please visit the website of the Dutch Data Protection Authority (Autoriteit Persoonsgegevens): https://autoriteitpersoonsgegevens.nl/nl.
Article 1 – Definitions
1. Website (hereinafter: “Website”) www.brahmanbracelets.com.
2. Party responsible for processing personal data (hereinafter: “the controller”): Brahman Bracelets, established at Verdronkenoord 28C, 1811BE Alkmaar, The Netherlands, Chamber of Commerce number: 78092922 .
Article 2 – Access to the website
Access to and use of the website are strictly personal. You will refrain from using the data and information of this website for your own commercial, political or advertising purposes, as well as for any commercial offers, in particular unsolicited electronic offers.
Article 3 – Website content
All brands, images, texts, comments, illustrations (animated) images, video images, sounds and all the technical applications that can be used to operate this website and more generally all the components used on this website, are protected by the laws on intellectual property. Any reproduction, repetition, use or modification, by any means whatsoever, of all or just part of it, including technical applications, without the prior written permission of the controller, is strictly prohibited. The fact that the controller may not take immediate action against any infringement, can not be considered as a tacit consent, nor of a waiver of any right to prosecute the infringing party.
Article 4 – Management of the website
For the purpose of proper management of the site, the controller may at any time:
· suspend, interrupt, reduce or decline the access to the website for a particular category of visitors
· delete all information that may disrupt the functioning of the website or conflicts with national or international laws or is contrary to internet etiquette
· make the website temporarily unavailable in order to perform updates
Article 5 – Responsibilities
1. The controller is not liable for any failure, disturbances, difficulties or interruptions in the functioning of the website, causing the (temporary) inaccessibility of the website or of any of its functionalities. You, yourself, are responsible for the way you seek connection to our website. You need to take all appropriate steps to protect your equipment and data against hazards such as virus attacks on the Internet. Furthermore, you are responsible for which websites you visit and what information you seek.
2. The controller is not liable for any legal proceedings taken against you:
· because of the use of the website or services accessible via the Internet
3. The controller is not liable for any damages that incur to you or third parties or your equipment, as a result of your connection to or use of the website and you will refrain from any subsequent (legal) action against the controller.
4. If the controller is involved in a dispute because of your (ab)use of this website, he is entitled to (re)claim all subsequent damages from you.
Article 6 – Collection of data
1. Your personal data will be collected by Brahman Bracelets and (an) external processor(s) .
2. Personal data means any information relating to an identified or identifiable natural person (‘data subject’).
3. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
4. The personal data that are collected on the website are used mainly by the collector in order to maintain a (commercial) relationship with you and if applicable in order to process your orders. They are recorded in an (electronic) register.
Article 7 – Your rights regarding information
1. Pursuant to Article 13 paragraph 2 sub b GDPR each data subject has the right to information on and access to, and rectification, erasure and restriction of processing of his personal data, as well as the right to object to the processing and the right to data portability.
2. You can exercise these rights by contacting us at firstname.lastname@example.org.
3. Each request must be accompanied by a copy of a valid ID, on which you put your signature and state the address where we can contact you.
4. Within one month of the submitted request, you will receive an answer from us.
5. Depending on the complexity and the number of the requests this period may be extended to two months.
Article 8 – Legal obligations
2. If any information is necessary in order to obtain access to certain features of the website, the controller will indicate the mandatory nature of this information when requesting these data.
Article 9 – Collected data and commercial offers
1. You may receive commercial offers from the collector. If you do not wish to receive them (anymore), please send us an email to the following address: email@example.com.
2. Your personal data will not be used by our partners for commercial purposes.
3. If you encounter any personal data from other data subjects while visiting our website, you are to refrain from collection, any unauthorized use or any other act that constitutes an infringement of the privacy of the data subject(s) in question. The collector is not responsible in these circumstances.
Article 10 – Data retention
The collected data are used and retained for the duration determined by law.
Article 11 – Cookies
2. We use the following types of cookies on our website:
– Functional cookies: like session and login cookies to collect session and login information.
– Anonymised Analytic cookies: to obtain information regarding the visits to our website, like numbers of visitors, popular pages and topics. In this way we can adjust our communication and information to the needs of our visitors. We can not see who visits our sites or from which personal device the visit has taken place.
– Tracking Cookies: like advertising cookies that are intended to show relevant advertisements. By using these cookies we may deduce your personal interests. Thus (other) organisations may show you targeted advertisements when you visit their website. Tracking cookies make profiling possible and treat categories of people differently when targeting advertisements. Tracking cookies usually process personal data.
3. Specifically, we use the following cookies on our website:
Facebook (tracking cookie)
4. When you visit our website, cookies from the controller and / or third parties may be installed on your equipment.
5. For more information about using, managing and deleting cookies for each electronic device, we invite you to consult the following link: https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/internet-telefoon-tv-en-post / cookies # faq
Article 12 – Imagery and products offered
You cannot derive any rights from the imagery that accompanies any offered product on our website.
Article 13 – Applicable Law
These conditions are governed by Dutch law. The court in the district where the collector has its place of business has the sole jurisdiction if any dispute regarding these conditions may arise, save when a legal exception applies.
Article 14 – Contact
For questions, product information or information about the website itself, please contact: Contact, firstname.lastname@example.org.[/vc_toggle][vc_toggle title=”Disclaimer” el_id=”1456131874916-6d970df2-719b”]
- This disclaimer includes:
- The owner: the owner of this website;
- The user (visitor) of this website;
- The content: all content present on this website;
- The following applies to the page that you are currently viewing. By using the page you agree with this disclaimer.
- The content has been compiled by the owner with the greatest possible care, however, the owner accepts no liability with regard to possible inaccuracies of what is shown.
- The owner is not responsible for content on the files linked to this website and / or websites to which reference is made.
- Unauthorized or improper use of the content or parts thereof infringe intellectual property rights.
- Permission to use the displayed content or parts thereof in publicly accessible places must be requested in writing from us.
If you have any questions or doubts, please contact us.[/vc_toggle][vc_toggle title=”Complaint” el_id=”1456131931771-e82e2f8d-ec7a”]
It is of course annoying if you have a complaint about our products and/or services. We would like to help you further and offer a desired solution. You can email at email@example.com.
After receiving your complaint, you will receive a confirmation email from us. We will answer your complaint within 14 days of receipt, and, if it needs more time, we will notify you. Our complaints department will review the complaints and try to resolve the issue to everyone’s satisfaction as quickly and smoothly as possible,
From 15 February 2016, it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If the complaint is not yet processed elsewhere, you are free to file the complaint via the European Union platform.