Terms of service
General Terms and Conditions Brandfield
Table of Contents:
Article 1 - Definitions Article 2 - Identity of the entrepreneur Article 3 - Applicability Article 4 - The offer Article 5 - The agreement Article 6 - Right of withdrawal Article 7 - Obligations of the consumer during the cooling-off period Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof Article 9 - Obligations of the entrepreneur in case of withdrawal Article 10 - Exclusion of the right of withdrawal Article 11 - The price Article 12 - Performance of the agreement and additional guarantee Article 13 - Delivery and execution Article 14 - Duration transactions: duration, termination and extension Article 15 - Payment Article 16 - Complaints procedure Article 17 - Disputes Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
- Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuous performance contract: an agreement for the regular supply of goods, services and/or digital content over a specified period;
- Durable medium: any tool, including email, that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: a contract concluded between the entrepreneur and the consumer within an organized system for distance selling, using one or more means of distance communication;
- Model withdrawal form: the European model withdrawal form included in Appendix I;
- Means of distance communication: means used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.
Article 2 - Identity of the entrepreneur
Trading name: Brandfield
Registered address: Osloweg 105, 9723 BK Groningen, Netherlands
Telephone number: +31 (0)50 - 21 12 550
Availability: Monday to Friday from 08:30 to 17:00
Email address: email protected
Chamber of Commerce number: 68185758
VAT number: NL857336770B.01
Article 3 - Applicability
- These terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
- Before the contract is concluded, the text of these terms will be made available to the consumer.
- If the contract is concluded electronically, the terms may be provided digitally in a way that allows storage on a durable medium.
- In case of conflicting conditions, the consumer may always rely on the provision most favorable to them.
Article 4 - The offer
- If an offer has a limited validity or conditions, this will be clearly stated.
- The offer includes a complete and accurate description of the products, services and/or digital content.
- Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Article 5 - The agreement
- The agreement is concluded when the consumer accepts the offer and meets the conditions.
- The entrepreneur confirms receipt of acceptance electronically.
- The entrepreneur ensures appropriate security measures for electronic transactions.
- The entrepreneur may assess whether the consumer can meet payment obligations.
- The entrepreneur provides key information at delivery, including complaints address, return conditions, pricing, and guarantees.
Article 6 - Right of withdrawal
For products:
- The consumer may withdraw from the purchase within at least 14 days without giving reasons.
- The period starts the day after receipt of the product.
For services and digital content: 3. The consumer may withdraw within at least 14 days after concluding the agreement.
Extended withdrawal period: If the entrepreneur fails to provide required information, the withdrawal period may be extended up to 12 months.
Article 7 - Obligations during the cooling-off period
- The consumer must handle the product carefully and only use it as necessary to assess it.
- The consumer is liable for depreciation if the product is used beyond what is necessary.
Article 8 - Exercise of the right of withdrawal
- The consumer must notify the entrepreneur within the withdrawal period.
- The product must be returned within 14 days after notification.
- Return shipping costs are borne by the consumer unless stated otherwise.
Article 9 - Obligations of the entrepreneur
- The entrepreneur confirms receipt of the withdrawal.
- Refunds are made within 14 days after notification.
- Refunds use the same payment method unless agreed otherwise.
Article 10 - Exclusion of the right of withdrawal
The right of withdrawal may be excluded for, among others:
- Custom-made products
- Sealed hygiene products once opened
- Digital content once delivery has started with consent
- Perishable goods
- Services fully performed with prior consent
Article 11 - The price
- Prices will not be increased during the validity period unless due to VAT changes.
- Prices include VAT.
Article 12 - Performance and guarantee
- Products must meet the agreement and legal requirements.
- Additional guarantees do not affect statutory rights.
Article 13 - Delivery and execution
- Delivery is made to the address provided by the consumer.
- Orders are fulfilled within 30 days unless agreed otherwise.
- Risk transfers to the consumer upon delivery.
Article 14 - Duration transactions
- Contracts can be terminated with a maximum notice period of one month.
- Automatic renewal rules apply depending on contract type.
Article 15 - Payment
- Payment must be made within 14 days.
- Advance payment cannot exceed 50%.
- Late payment may incur statutory interest and collection costs.
Article 16 - Complaints procedure
- Complaints must be submitted clearly and in time.
- The entrepreneur responds within 14 days.
Article 17 - Disputes
Dutch law applies to all agreements.
Article 18 - Additional provisions
Additional provisions must not disadvantage the consumer and must be recorded in a durable format.
Appendix I: Model withdrawal form
(Complete and return only if you wish to withdraw from the contract)
To: entrepreneur name and address
I/We hereby inform you that I/we withdraw from our agreement regarding:
- Sale of the following products:
- Delivery of digital content:
- Provision of service:
Ordered on / received on:
Name(s) of consumer(s):
Address:
Signature (only if submitted on paper):
Date:
(Delete or fill in what is applicable)