General terms and conditions Brand Works BV
The text below applies to all activities and transactions of Brand Works BV, hereinafter referred to as: BRNDWRKS
General terms and conditions of sale, delivery and payment of BRNDWRKS:
- Application
1.1 These General Terms and Conditions apply to every offer from BRNDWRKS and to every distance contract concluded between BRNDWRKS and the buyer, hereinafter referred to as the “Customer”.
1.2 The conditions below are used by BRNDWRKS, established and with its office in Made, as well as by the current group companies Jolo Eurofashion Made BV, Jolo Fashion GmbH, Brand Works BV, B.Nosy Kidswear BV, Moodstreet BV, Bellaire BV, NoNo BV, Flo BV, LC Kidswear BV, Brand Works Holding II BV, Tygo&vito Kidswear BV, SuperRebel Kidsgear Company BV, Ko & Flo BV, and all companies affiliated with the aforementioned companies now and in the future.
1.3 These conditions apply to all existing D2C websites and future D2C websites of the group companies mentioned under 1.2. Below is an overview of the current D2C websites:
- https://likeflo.nl/
- https://justbeach.nl/
- https://www.lechickidswear.com/
- https://moodstreet.nl/
- https://www.moodstreetpetit.com/
- https://nono-kidswear.nl/
- https://b-nosy.com/
- https://tygovito.com/
- https://the-newchapter.com/
- https://bellaire.nl/
- https://streetcalledmadison.com/
- https://redandblukids.com/nl
- https://seven-one-seven.com/
- https://koflo.nl/
- https://mooiemerks.nl/
- https://rubytuesday.nl/
1.4 In addition to these General Terms and Conditions, specific product or service terms and conditions may apply, if expressly stated. In the event of conflicting general terms and conditions, the Customer can always rely on the applicable provision that is most favorable to him.
1.5 Before the distance contract is concluded, the General Terms and Conditions will be made available to the Customer via the BRNDWRKS websites. Accepting an offer or placing an order means that the Customer has accepted these General Terms and Conditions, as well as all other rights and obligations as may be stated on the BRNDWRKS website.
- Offers
2.1 All offers from BRNDWRKS are without obligation. Offers are made subject to the availability of the products and/or services and with the right of BRNDWRKS to revoke the offer within fourteen working days after receipt of acceptance. BRNDWRKS has the right to refuse orders and/or terminate the agreement if an item is unexpectedly out of stock.
2.2 If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2.3 The offer contains a complete and accurate description of the products and services offered. If BRNDWRKS uses images, these are a true representation of the products and services offered. However, it may happen that there are color , type , text and/or price changes that differ from reality. Obvious mistakes or errors in the offer do not bind BRNDWRKS.
2.4 The distance contract is concluded at the time of acceptance by the Customer of BRNDWRKS's offer. If the Customer has accepted the offer electronically, BRNDWRKS will also immediately confirm receipt of the acceptance of the offer electronically.
2.5 Customer and BRNDWRKS expressly agree that a valid agreement is concluded by using electronic forms of communication. In particular, the absence of a normal signature does not affect the binding force of the offer and its acceptance. The electronic files of BRNDWRKS serve as presumption of evidence, to the extent permitted by law.
- Prices
3.1 All prices are expressed in Euros (€), in accordance with the relevant legal regulations.
3.2 All prices include Dutch sales tax and exclude shipping costs, unless stated otherwise in the information relating to the product. If the Customer is not in the country of shipment, the Customer is responsible for any sales tax or import duties due.
3.3 The prices stated are indicative prices. Exact prices can only be seen once the Customer places an item in the shopping cart.
3.4 BRNDWRKS is not obliged to quote prices that are incorrect as a result of input, typesetting or printing errors. No rights can be derived from incorrect price information.
- Payment
4.1 Payment is always made in advance.
4.2 For orders via the website, payment is made using Ideal , PayPal, Credit Card, Googlepay or Applepay via the payment provider Shopify Payments . Belgian customers can also pay by Bancontact. Payments must always be approved by Shopify Payments before BRNDWRKS proceeds with delivery.
- Delivery / Delivery time
5.1 BRNDWRKS strives to ship the ordered items within 24 hours of receipt of payment. The stated delivery times are indicative and not a deadline. Exceeding the delivery time does not entitle the Customer to compensation, termination of the agreement or failure to fulfill any obligation that may arise for him from this or from any related agreement.
5.2 If a product that is temporarily out of stock is ordered by the Customer, it will be indicated when the product is available again. Delays will be reported to the Customer by email or telephone. The Customer is entitled to cancel the purchase of the product that is not delivered within 30 days.
5.3 BRNDWRKS ensures delivery, preferably by PostNL. This makes the orders traceable.
5.4 BRNDWRKS is not responsible for orders lost by PostNL.
5.5 BRNDWRKS is entitled to make partial deliveries. The additional costs for this will be borne by BRNDWRKS.
5.6 Shipping costs for Dutch shipments are €4.95. For Belgium €5.95. Higher costs will be charged for other foreign shipments.
5.7 BRNDWRKS is entitled - if BRNDWRKS deems this necessary or desirable - to engage necessary third parties for the proper execution of its obligations.
5.8 The Customer is obliged to cooperate in the delivery and to accept the delivered goods. If the Customer fails to purchase the delivered goods, BRNDWRKS reserves the right to pass on any associated costs (including any costs of transport and storage) to the Customer.
5.9 Purchase is deemed to have been refused if the ordered services and/or goods have been offered for delivery but delivery has proven impossible. The day on which purchase is refused counts as the day of delivery.
- Exchange and right of withdrawal
6.1 For agreements concluded via the website or in another manner that exclusively uses electronic communication, the Customer has the right to exercise a right of withdrawal without penalty and without giving reasons within 14 days after delivery of the goods. order in question. BRNDWRKS cannot accept returns outside this period.
6.2 If the Customer has exercised the right of withdrawal as stated in the previous paragraph, BRNDWRKS will refund the purchase price of the returned items, minus shipping costs. This will be done within 14 working days after receipt of the return shipment into the account from which the amount came.
6.3 During the reflection period, the Customer must handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
6.4 BRNDWRKS will only accept exchanges/ returns for which the instructions have been followed. The right of return does not apply if:
- Goods have not been reported within 14 days of delivery.
- Goods are returned after 14 days.
- Goods are damaged by the Customer.
- The Customer has attempted to repair an item himself.
- Missing attachments to the goods.
- The goods are no longer in the same salable condition as upon delivery.
6.5 The Customer is responsible for the return shipment. BRNDWRKS assumes that the Customer will return the shipment in the same manner. Returns delivered free of charge or returns without registration will not be accepted.
6.6 Any loss of a return shipment is entirely the responsibility of the Customer.
6.7 The costs for returning the product are borne by the Customer.
6.8 In the event of an exchange, BRNDWRKS will pay the shipping costs of the replacement item once. This only applies to items delivered without discount and does not apply to free deliveries.
- Force majeur
7.1 In the event of force majeure, BRNDWRKS is not obliged to fulfill its obligations towards the Customer, or the obligation will be suspended for the duration of the force majeure.
7.2 Force majeure means any circumstance beyond its control, which prevents the fulfillment of its obligations towards the Customer in whole or in part. These circumstances include strikes, fire, business disruptions, energy disruptions, non-delivery or late delivery from suppliers or other third parties engaged and the absence of any permit to be obtained from the government. Force majeure also includes disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time.
7.3 If the force majeure situation continues for more than 3 months, both BRNDWRKS and the Customer have the right to terminate the agreement.
- stock
8.1 The stock of the webshop is updated in real time. If it unexpectedly happens that the item ordered by the Customer is no longer in stock, the Customer will be informed by BRNDWRKS as soon as possible . The Customer then has the right to cancel the order for the missing item free of charge. BRNDWRKS will refund the amount paid for the order to the Customer's account within 14 working days (or sooner if possible).
- Liability
9.1 Any liability of BRNDWRKS, its personnel and BRNDWRKS products for all damage of any nature whatsoever, directly or indirectly, arising in connection with the delivered goods is expressly excluded, unless that damage is caused by intent or gross negligence on the part of BRNDWRKS. Intentional or gross negligence does not in any case include damage suffered by the Customer or a third party as a result of inaccuracy or incompleteness of the information provided by the Customer. Nor is BRNDWRKS liable for damage caused by third parties during the execution of the agreement. BRNDWRKS accepts no liability for any damage resulting from the use of BRNDWRKS products.
9.2 Damage that, in the opinion of the Customer, is the result of intent or gross negligence on the part of BRNDWRKS, must be reported in writing to BRNDWRKS as soon as possible, but no later than thirty (30) days after its occurrence. Damage that is not notified to BRNDWRKS within this period will only be eligible for compensation if the Customer has made it plausible that he was unable to report the damage earlier.
9.3 If and insofar as BRNDWRKS is liable due to an attributable shortcoming in the fulfillment of the agreement of purchase and delivery or due to other actions, this liability is limited to compensation for direct damage up to a maximum of the amount of the price stipulated for that agreement (excl. VAT). ). However, under no circumstances will the total compensation for direct damage exceed EUR 1,000 .
9.4 Any liability of BRNDWRKS for business damage or other indirect damage, including lost profits, missed savings, loss of data, time invested by the Customer or costs of third parties engaged without the prior written permission of BRNDWRKS, is expressly excluded.
- Privacy
10.1 The personal data will be included in the customer base of the group companies mentioned in 1.2.
10.2 BRNDWRKS only provides personal data of the Customer to third parties if this is necessary for the execution of the agreement with the Customer or to comply with a legal obligation.
10.3 See “Privacy statement & Cookie policy” for BRNDWRKS Privacy policy.
- Change
11.1 BRNDWRKS has the right to unilaterally change these general terms and conditions. Changes also apply to agreements already concluded. Changes will take effect one month after announcement by means of a written notification.
11.2 If the Customer does not wish to accept the change, he or she has the right to terminate the agreement in writing until the changes come into effect on the date on which the changed conditions take effect. After the time of entry into force, the Customer is deemed to have - tacitly - accepted the changes.
- Applicable law
12.1 Dutch law applies to the agreement.
12.2 The Breda District Court, to the exclusion of other judges, has jurisdiction to rule on disputes arising from the Agreement.
12.3 The Dutch text of these general terms and conditions of sale prevails over any translations thereof.
For all your questions or comments, you can contact our customer service by e-mail.
