Terms and Conditions

General Terms and Conditions Brand Works B.V.

The text below applies to all activities and transactions of Brand Works B.V., hereinafter referred to as: BRNDWRKS

General sales, delivery and payment conditions of BRNDWRKS:

1. Application
   • 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, located and having its office in Made, as well as by the current group companies Jolo Eurofashion Made B.V., Jolo Fashion GmbH, Brand Works B.V., B.Nosy Kidswear B.V., Moodstreet B.V., Bellaire B.V., NoNo B.V., Flo B.V., LC Kidswear B.V., Brand Works Holding II B.V., Tygo&vito Kidswear B.V., SuperRebel Kidsgear Company B.V., Ko & Flo B.V., and all companies connected in a group context with the aforementioned companies now and in the future.

• 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-nl/
  • https://b-com/
  • https://tygovito.com/
  • https://the-com/
  • https://bellaire.nl/
  • https://streetcalledmadison.com/
  • https://redandblukids.com/nl
  • https://seven-one-seven.com/
  • https://koflo.nl/
  • https://mooiemerken.nl/
  • https://rubytuesday.nl/
• In addition to these General Terms and Conditions, specific product or service conditions may apply, if expressly stated. In case of conflicting general terms and conditions, the Customer can always rely on the applicable provision that is most favorable to him.
• 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 that may be stated on the BRNDWRKS website.

2. Offers

• All offers from BRNDWRKS are non-binding. Offers are made subject to the availability of the products and/or services and with the right of BRNDWRKS to withdraw the offer within fourteen working days after receipt of the acceptance. BRNDWRKS has the right to refuse orders and/or dissolve the agreement if an item is unexpectedly out of stock.
• If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
• 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 deviate from reality. Obvious mistakes or errors in the offer are not binding on BRNDWRKS.
• The distance contract is concluded at the moment the Customer accepts the offer from BRNDWRKS. If the Customer has accepted the offer electronically, BRNDWRKS will immediately confirm receipt of the acceptance of the offer electronically.
• Customer and BRNDWRKS explicitly agree that a valid agreement is concluded by using electronic forms of communication. In particular, the absence of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of BRNDWRKS serve as a presumption of proof, insofar as the law allows.

3. Prices

• All prices are expressed in Euros (€), in accordance with legal requirements.
• All prices include Dutch sales tax, and exclude shipping costs, unless otherwise stated in the information related to the product. If the Customer is not located in the country of shipment, the Customer is responsible for any sales tax or import duties due.
• The stated prices are indicative prices. Exact prices will only be visible once the Customer places an item in the shopping cart.
• BRNDWRKS is not bound by price indications that are incorrect due to input, typesetting or printing errors. No rights can be derived from incorrect price information.

4. Payment

• Payment is always made in advance.
• For orders via the website, payment is made via iDeal, PayPal, Creditcard, Google Pay or Apple Pay through the payment provider Shopify Payments. Belgian customers can also pay via Bancontact. Payments must always be approved by Shopify Payments before BRNDWRKS proceeds with delivery.

5. Delivery / Delivery Time

• BRNDWRKS strives to ship ordered items within 24 hours of receiving payment. The stated delivery times are indicative and not a firm deadline. Exceeding the delivery time does not entitle the Customer to compensation, dissolution of the agreement or non-fulfillment of any obligation that might arise for him from this or any related agreement.
• If a product that is temporarily out of stock is ordered by the Customer, it will be indicated when the product will be available again. Delays will be reported to the Customer by email or phone. The Customer is entitled to dissolve the purchase of the product not to be delivered within 30 days.
• BRNDWRKS arranges delivery preferably via PostNL. As a result, orders are traceable.
• BRNDWRKS is not responsible for orders lost by PostNL.
• BRNDWRKS is entitled to fulfill the delivery in parts. The additional costs for this will be borne by BRNDWRKS.
• Shipping costs for Dutch shipments are €5.95. For Belgium €7.95. Higher costs will be charged for other foreign shipments.
• BRNDWRKS is entitled - if BRNDWRKS deems it necessary or desirable - to engage third parties necessary for the proper execution of its obligations.
• The Customer is obliged to cooperate with the delivery, as well as to take receipt of the delivered goods. In the absence of acceptance of the delivered goods by the Customer, BRNDWRKS reserves the right to charge any associated costs (including any transport and storage costs) to the Customer.
• Acceptance 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 acceptance is refused counts as the day of delivery.

6. Exchange and right of withdrawal

• For agreements concluded via the internet site or in any other way using only electronic communication, the Customer has the right to exercise a right of withdrawal without penalty and without stating reasons.

  The return periods are as follows:

  ·        The consumer has 14 days to cancel the order and register the return.

  ·        Then 14 days to return the product.

  ·        After registering the return, as a retailer, you have 14 days to refund the order amount including shipping costs.

• If the Customer has used the right of withdrawal as stated in the previous paragraph, BRNDWRKS will ensure repayment of the purchase amount of the returned items, minus shipping costs. This will be done within 14 working days after receipt of the return shipment to the account from which the amount originated.
• During the cooling-off 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.
• BRNDWRKS only accepts exchanges/returns for which the instructions have been followed.
  
• The goods are no longer in the same, saleable condition as during delivery.

• The Customer is responsible for returning the goods. BRNDWRKS assumes that the Customer returns the shipment in the same way. Returns sent freight collect or returns without prior notification will not be accepted.
• Any loss of a return shipment is entirely the responsibility of the Customer.
• The costs for returning the product are borne by the Customer.
• In case of exchange, BRNDWRKS will cover the shipping costs of the replacement item once. This only applies to items delivered without a discount and does not apply to free deliveries.
• Should the product be damaged or the packaging be more damaged than necessary to try the product, we may pass on this depreciation of the product to you. Therefore, treat the product with care and ensure that it is properly packaged upon return.
• In case of complaints, a consumer should first contact the entrepreneur. If the webshop is affiliated with WebwinkelKeur and in case of complaints that cannot be resolved in mutual consultation, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by WebwinkelKeur; its decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee.

7. Force Majeure

• In case of force majeure, BRNDWRKS is not obliged to fulfill its obligations towards the Customer, or the obligation is suspended for the duration of the force majeure.
• Force majeure is understood to mean any circumstance beyond its control that completely or partially prevents the fulfillment of its obligations towards the Customer. Such circumstances include strikes, fire, business disruptions, energy disruptions, non-delivery or late delivery by suppliers or other engaged third parties, and the absence of any government permit. Force majeure also includes disruptions in a (telecommunication) network or connection or communication systems used and/or the internet site being unavailable at any time.
• If the force majeure situation lasts longer than 3 months, both BRNDWRKS and the Customer have the right to dissolve the agreement.

8. Stock

• The stock of the webshop is updated in real-time. Should it unexpectedly happen that the item ordered by the Customer is no longer in stock, BRNDWRKS will inform the Customer 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 earlier if possible).

 

 

9. Liability

• Any liability of BRNDWRKS, its staff, and products of BRNDWRKS for all damages, of whatever nature, direct or indirect, arising in connection with the delivered goods is expressly excluded, unless such damage has been caused by intent or gross negligence of BRNDWRKS. Intent or gross negligence shall in no 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 in the execution of the agreement. BRNDWRKS accepts no liability for any damage resulting from the use of BRNDWRKS products.

• Damage that, in the Customer's opinion, is the result of intent or gross negligence on the part of BRNDWRKS, must be reported to BRNDWRKS in writing as soon as possible, but no later than thirty (30) days after its occurrence. Damage not reported to BRNDWRKS within this period will only be eligible for compensation if the Customer has made it plausible that he could not have reported the damage earlier.
• If and insofar as BRNDWRKS is liable due to an attributable shortcoming in the fulfillment of the purchase and delivery agreement or due to other actions, this liability is limited to compensation for direct damage up to a maximum of the agreed price (excl. VAT) for that agreement. In no case, however, shall the total compensation for direct damage exceed EUR 1,000.
• Any liability of BRNDWRKS for business damage or other indirect damage, including lost profit, missed savings, data loss, time invested by the Customer himself, or costs of third parties engaged without prior written permission from BRNDWRKS, is expressly excluded.

10. Privacy

• Personal data will be included in the customer database of the group companies mentioned in 1.2.

10.2 BRNDWRKS will only provide 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.

11. Amendment

11. l BRNDWRKS has the right to unilaterally change these general terms and conditions. Changes also apply to agreements already concluded. Changes 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 has the right to terminate the agreement in writing up to the time the change takes effect, on the date on which the changed conditions become effective. After the time of entry into force, the Customer is deemed to have accepted the changes - implicitly.

12. Applicable law

• Dutch law applies to the agreement.
• The District Court of Breda has exclusive jurisdiction to rule on disputes arising from the Agreement.
• The Dutch text of these general terms and conditions of sale prevails over the translations.

For all your questions or comments, please contact our customer service by e-mail.

13. Reviews

We collect reviews via the WebwinkelKeur platform. If you leave a review via WebwinkelKeur, you are obliged to provide your name and email address. WebwinkelKeur shares this data with us, so that we can link the review to your order. WebwinkelKeur also publishes your name on its own website. In some cases, WebwinkelKeur may contact you to elaborate on your review. In the event that we invite you to leave a review, we will share your name and email address with WebwinkelKeur. They use this data solely for the purpose of inviting you to leave a review. WebwinkelKeur has taken appropriate technical and organizational measures to protect your personal data. WebwinkelKeur reserves the right to engage third parties for the purpose of providing its services; we have given WebwinkelKeur permission for this. All the aforementioned safeguards regarding the protection of your personal data also apply to the parts of the service for which WebwinkelKeur engages third parties.

Refashion UIN: FR449520_11VSVX