terms and conditions
These are the General Terms and Conditions of A • Brandsma. These conditions apply to all orders placed by the customer A • Brandsma via the webshop www.a-brandsma.com. By placing an order, the customer agrees to the applicability of these conditions on the agreement between the customer and A • Brandsma.
Information about A • Brandsma
A • Brandsma is a private limited liability company incorporated in The Netherlands. You can find our contact details below:
A • Brandsma
Delftseplein 36
3013AA Rotterdam
The Netherlands
E-mail: a-mail@a-brandsma.com
Chamber of Commerce/ “KvK”number: 24471490
Article 1. Definitions
1 In these General Terms and Conditions the following words shall have the following meaning, unless purposely stated otherwise or the context otherwise requires:
A • Brandsma: the user of these Terms and Conditions.
Agreement: the agreement concluded through the website.
Customer: the natural person acting for purposes other than the exercise of his professional or business activities, who concludes an agreement with A • Brandsma through the website;
Product: the product offered by A • Brandsma through the website.
Website: the website www.a-brandsma.com
Article 2. General
2.1 The General Terms and Conditions contained herein apply to all Agreements between A • Brandsma and Customer concluded through the Website.
2.2 Any deviations to these General Terms and Conditions are valid only if agreed in writing or by email.
2.3 In case different conditions have been agreed for certain subjects covered by these General Terms and Conditions, these General Terms and Conditions will remain applicable to any remaining parts of the Agreement. Deviations agreed shall never apply to more than one Agreement.
2.4 In case one or more provisions of these General Terms and Conditions are void or declared invalid, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. The void or invalid provisions shall be replaced by A • Brandsma, taking into account the purport and intention of the original provision(s) to the extent as possible.
Article 3. Offer
3.1 Offers are free of engagement.
3.2 The offer of A • Brandsma on its Website is valid as long as stocks last.
3.3 Offers do not automatically apply to future Agreements.
3.4 Apparent errors or mistakes in the offer on the Website are not binding on A • Brandsma.
3.5 The product range offered on the Website is subject to change.
Article 4. Account
4.1 Customer can create an account through the Website when making a purchase. For that purpose Customer needs to complete and send in the online registration form. After the account registration has been successfully concluded, A • Brandsma will immediately send Customer a confirmation of registration by email.
4.2 Customer undertakes to provide his correct name, address and other information requested during registration A • Brandsma is not responsible for errors as a result of incorrect information provided.
4.3 The account is personal and non-transferrable.
4.4 Customer is at all times responsible for his account on the Website and his log in information. Customer shall carefully keep his log in information to himself and shall in no case disclose log in information to any third parties.
4.5 Creating multiple accounts is prohibited.
Article 5. Website
5.1 A • Brandsma does not guarantee that the Website will perform without any interruptions or errors or that all errors will be corrected.
5.2 A • Brandsma has the right to modify the Website at any point in time
Article 6. Conditions for use
6.1 When using the Website Customer shall act in such a way as may be expected from a responsible internet user exercising due care.
6.2 Customer is prohibited from circumventing or unlock the security applications of the Website.
6.3 Customer is prohibited from using the Website in such a way that it affects the proper performance of computer systems of A • Brandsma or any third parties or that other users of the Website are interfered with respectively restricted as a result of that.
Article 7. Prices and shipping
7.1 Any prices stated on the Website are expressed inclusive of Dutch VAT (21%), inclusive of shipping costs within The Netherlands, exclusive of shipping costs abroad and exclusive of any import duties.
7.2 Shipping costs are clearly stated to Customer before Customer can confirm the order.
7.3 A • Brandsma has the right to modify its prices from time to time.
Article 8. Conclusion of Agreement
8.1 A • Brandsma will confirm the order by e-mail to you. The agreement is only concluded once the payment has been successful.
8.2 A • Brandsma is entitled to refuse an order with motivation or to connect specific conditions to the delivery. If A • Brandsma cannot unequivocally determine your place of residence, the order will not be accepted.
8.3 Orders which, for whatever reason, are technically or otherwise cancelled before the payment order has been completed, are incomplete, even if you have received the order confirmation. These orders will generally not be delivered for this reason. However, A • Brandsma will endeavor to get in touch with you to complete the payment so that delivery can still occur. The agreement shall not be concluded until after Customer had clicked the button confirming that he has approved of these terms and conditions. In case Customer has not received a confirmation email from A • Brandsma, Customer needs to contact A • Brandsma’s customer service.
Article 9. Payment
9.1 Customer may pay for an order in the way indicated in the website of A • Brandsma.
9.2 In case Customer does not pay in time a reminder shall be sent to Customer, requesting Customer to pay the outstanding invoice within a reasonable time. In case Customer does not pay the invoice within the time stated in the reminder, Customer shall be sent a demand for payment. In case Customer does not comply with this demand for payment, A • Brandsma may pass the claim on to a collection agency or bailiff firm for collection. From the time at which Customer is in default until the time of payment of the entire outstanding amount Customer shall be charged legal interest. Costs of collection shall be charged to Customer in accordance with the Dutch Extrajudicial Collection Cost Regulation.
Article 10. Delivery and term of delivery
At the moment a part of the products are made by order. If so, please keep in mind an average of 2-3 weeks delivery time. Every product in the shop is labeled whether it is in stock or if it is made by order.
When the items are in stock or if the made-by-order items are ready for delivery, the following terms and conditions apply:
10.1 The Product will be sent to the address provided by Customer.
10.2 The term of delivery provided cannot be considered a final deadline.
10.3 A • Brandsma always strives to deliver the Product within 5-7 working days. In case A • Brandsma is not able to deliver the Product within 30 days of conclusion of the Agreement, A • Brandsma shall inform Customer of this by email and Customer will have the right to cancel the Agreement free of charge, unless a longer term of delivery has been expressly agreed with Customer. In case Customer cancels the Agreement, A • Brandsma will repay any amounts already paid within 14 days after cancellation.
10.4 The risk in the Product passes to the Customer at the time at which Customer has received the Product.
10.5 Customer himself is liable for any import duties, customs formalities and taxes in connection with the Product.
Article 11. Right of Withdrawal
11.1 Customer has the right to cancel the Agreement during 14 days. This term commences at the time at which Customer has received the entire order from A • Brandsma. Customer will be informed of this right of withdrawal either by email prior to delivery, or in writing on delivery of the Products ordered.
11.2 In case Customer wishes to invoke his right of withdrawal, Customer must expressly notify A • Brandsma of this within 14 days after receipt of the entire order.
11.3 After Customer has invoked his right of withdrawal, Customer is required to return the Product to A • Brandsma within 14 days, subject to the condition that it is not used, not damaged and not modified, and – if reasonably possible – in its original packing with original labels. Customer is allowed however, to fit the Product being clothing or to try on the Product being an accessory.
11.4 Customer is obliged to affix sufficient postage to the parcel to be returned by Customer.
11.5 If the Products returned are damaged, incomplete or if they have been used, the amount which A • Brandsma will repay will be reduced by the amount of this damage.
11.6 In case Customer cancels the Agreement in accordance with this article the shipping costs for the return shipment of the Product will be borne by Customer.
11.7 The risk in the return shipment lies with Customer, unless the Product is collected from Customer by A • Brandsma.
11.8 In case of cancellation as described in this article A • Brandsma will refund any amounts already paid (purchase price + return shipment of the Product) within 14 days after Customer has invoked his right of withdrawal.
11.9 A • Brandsma will refund the amount paid for the returned item(s) within 14 days after receiving the returned item(s). We will refund the amount to the account that was used for payment. Unless expressively otherwise accepted by Customer and A • Brandsma.
Article 12. Return address
Products must be returned to the following address:
A • Brandsma
Returns Webstore
Schiebroeksestraat 6C
3037 RV Rotterdam
The Netherlands
Article 13. Conformity
13.1 If A • Brandsma has delivered a different item than the one you have ordered, or if an item is damaged or defective in some way, you must inform A • Brandsma of this as soon as possible. The way in which to do this is indicated on the packing slip enclosed with the shipment.
13.2 In case A • Brandsma has supplied a defective Product, A • Brandsma will credit and repay the invoice amount of the Product to Customer or, in case Customer wishes, a new Product will be sent to Customer.
13.3 For the purpose of inspection whether the Product is defective, A • Brandsma may demand from Customer that Customer returns the Product to A • Brandsma, costs to be borne by A • Brandsma.
Article 14. Liability
14.1 Information and services mentioned on the Website may contain technical mistakes and/or typographical errors. A • Brandsma is not liable for such errors and/or mistakes.
14.2 The operation of the Website may be interrupted by for instance a malfunction or maintenance. A • Brandsma is not liable for damage in case of temporary unavailability of the Website.
14.3 A • Brandsma can never guarantee that the information on the Website is correct. A • Brandsma will make every effort to ensure that the accuracy of this information is as consistent as possible. Outside influences, for instance as a result of hackers, are always possible and may lead to distorted information. A • Brandsma is not liable for this distorted information.
14.4 A • Brandsma is not liable for damage of whatever kind caused by A • Brandsma acting upon incorrect and/or incomplete information provided by Customer.
14.5 A • Brandsma can in no way be made liable for the loss of a user name and password used by Customer. For that reason A • Brandsma cannot be made liable in case any unauthorized third parties use Customer’s log in codes.
14.6 The colors shown by Customer’s screen may differ from the actual Product colors. A • Brandsma is not liable for any minor color differences.
14.7 A • Brandsma is not liable for any accidents involving or caused by the Product or damage caused to the Product as a result of for instance incorrect use, use not in accordance with the instructions for use or as a result of incorrect assembly or installation of the Product by Customer or any third parties engaged by Customer.
14.8 A • Brandsma is not liable for loss or distortion of information due to transmission of the information by telecommunication facilities.
14.9 A • Brandsma does not accept any liability towards Customer for indirect or consequential damage, including but not limited to loss of information, profit, turnover or savings.
14.10 In case A • Brandsma is liable for any damage, the liability of A • Brandsma is limited to the amount of the payment made by the insurer of A • Brandsma. In case the damage is not covered by the insurance or no insurance has been contracted by A • Brandsma, the liability of A • Brandsma is limited to the invoice amount or that part of the Agreement to which this liability applies .
14.11 The limitations of liability for direct damage contained in these General Terms and Conditions do not apply in case damage is caused by intent or deliberate recklessness on the part of A • Brandsma or its subordinates.
Article 15. Force Majeure
15.1 A • Brandsma is not obliged to observe any obligations under the Agreement or to pay any damages in case of Force Majeure. Force Majeure shall in any case include: non-attributable failure in performance on the part of third parties engaged, virus infection and unauthorized access by third parties, traffic obstructions, weather influences, internet malfunctions, power interruptions, fire, theft, government measures and any other situation beyond the (decisive) control of A • Brandsma.
15.2 In case A • Brandsma knows or suspects that it will be prevented to supply (part of the) order due to Force Majeure, A • Brandsma will inform Customer of that as soon as possible by email. In such a case article 10.3 applies.
Article 16. Customer service and complaints
16.1 For questions about the order or submitting any complaints Customer can contact A • Brandsma ‘s customer service via email address: a-mail@a-brandsma.com. The message must always include your name, the e-mail address known to A • Brandsma, the order number listed in the order confirmation, and the item number.
16.2 Our aim is to respond to your complaint within 14 working days.
Article 17. Privacy
17 By placing an order, Customer simultaneously agrees to let A • Brandsma use Customers personal information if necessary. Customers information is only kept to the extent that this is necessary for achieving the purposes for which the personal information is obtained and processed by A • Brandsma. In addition to implementing the agreement, this is understood to include the realisation of marketing purposes and maintaining the relationship of Customer and A • Brandsma. Customer’s personal information will not be disclosed to any third party for commercial purposes without Customer’s express permission. Customer is always entitled to access and correct his personal information. A • Brandsma processes personal information in accordance with the Dutch Data Protection Act.
Article 18. Applicable law and competent court
18.1 Any rights, obligations, offers and Agreements to which these General Terms and Conditions apply, are governed by Dutch law exclusively.
18.2 Any disputes between Customer and A • Brandsma shall be submitted to the jurisdiction of the competent court of law in the district in which A • Brandsma has its registered place of business. After A • Brandsma has informed Customer in writing that it wishes to invoke this condition, Customer has the opportunity during one month to opt for settlement of the dispute by the court that is competent by virtue of the law.