Terms and Conditions

General Terms and Conditions – Brameho

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 – Consumer's Obligations during the Cooling-Off Period

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs

Article 9 – Entrepreneur's Obligations in the Event of Withdrawal

Article 10 – Exclusion of the Right of Withdrawal

Article 11 – The Price

Article 12 – Compliance and Additional Warranty

Article 13 – Delivery and Performance

Article 14 – Long-Term Transactions: Duration, Termination, and Extension

Article 1 – Definitions

In these terms and conditions, the following terms are understood:

  • Additional agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are supplied by the entrepreneur or a third party based on an agreement between that third party and the entrepreneur.
  • Cooling-off period: the period during which the consumer can exercise his right of withdrawal.
  • Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity.
  • Day: calendar day.
  • Digital content: data produced and delivered in digital form.
  • Continuing performance contract: a contract aimed at the regular delivery of goods, services, and/or digital content over a specified period.
  • Durable medium: any tool, including email, that allows the consumer or entrepreneur to store information personally addressed to him in a way that facilitates future consultation or use during a period tailored to the purpose for which the information is intended and allows for unaltered reproduction of the stored information.
  • Right of withdrawal: the consumer's option not to proceed with 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: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, where only or medially use is made of one or more techniques for distance communication up to and including the conclusion of the contract.
  • Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions.
  • Distance communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.

Article 2 – Identity of the Entrepreneur

Brameho
Populierelaan 49
1911BK Uitgeest
Netherlands

Visiting address:
Populierenlaan 49
1911BK Uitgeest
Netherlands

Phone number: +31 (0) 251272413
Email address: info@brameho.nl
Chamber of Commerce number: 35022903
VAT identification number: NL005114044B01

If the entrepreneur's activity is subject to a relevant licensing system: the details of the supervisory authority.

If the entrepreneur engages in a regulated profession:

  • The professional association or organization to which he is affiliated.
  • The professional title, the place in the EU or the European Economic Area where it was awarded.
  • A reference to the professional rules applicable in the Netherlands and information on where and how these professional rules can be accessed.

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed by the consumer and that they will be sent free of charge at the consumer's request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be specified before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer's request either electronically or in some other way.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment at which the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data, and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.

The entrepreneur can notify or check, within the legal framework, whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.

Article 6 – Right of Withdrawal

Upon delivery of products:

  • When purchasing products, the consumer has the option to dissolve the contract without giving any reason during 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.

During this period, the consumer will 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. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 – Consumer's Obligations during the Cooling-Off Period

During the cooling-off period, the consumer will 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. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs

If the consumer exercises his right of withdrawal, he must notify the entrepreneur within the cooling-off period using the model withdrawal form or in another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.

The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.

The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.

If the consumer withdraws after first expressly requesting that the provision of the service or the supply of gas, water, or electricity not be made ready for sale in a limited volume or given quantity during the cooling-off period, the consumer shall pay the entrepreneur an amount corresponding to the part of the obligation already fulfilled by the entrepreneur at the time of withdrawal, compared to the full compliance with the obligation.

The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium if:

  • he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
  • he has not acknowledged that he loses his right of withdrawal when giving his consent; or
  • the entrepreneur has failed to confirm the consumer's statement.

If the consumer exercises his right of withdrawal, all additional agreements will be legally dissolved.

Article 9 – Entrepreneur's Obligations in the Event of Withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send a confirmation of receipt immediately upon receipt of this notification.

The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.

The entrepreneur uses the same payment method that the consumer has used for reimbursement unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

If the consumer has chosen an expensive method of delivery other than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for the following products and services:

  • which have been created by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can quickly spoil or age;
  • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • regarding accommodation, transport, restaurant, or leisure activities to be performed on a certain date or during a certain period;
  • the delivery of which started with the express consent of the consumer before the cooling-off period has expired;
  • regarding betting and lotteries.

Article 11 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that prices mentioned may be target prices will be stated 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 provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the authority to terminate the agreement from the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 12 – Performance of Agreement and Additional Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for uses other than normal.

An additional warranty provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can invoke against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.

Extra warranty is understood to mean any commitment from the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to fulfill his part of the agreement.

Article 13 – Delivery and Performance

The entrepreneur will observe the greatest possible care when receiving orders for products and when assessing applications for the provision of services.

The address that the consumer has made known to the entrepreneur is considered the place of delivery.

Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be or only partially executed, the consumer will be notified of this no later than 30 days after he placed the order. In that case, the consumer has the right to terminate the agreement without any costs and is entitled to any compensation.

After termination in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative unless expressly agreed otherwise.

Article 14 – Duration Transactions: Duration, Termination, and Renewal

Termination:

The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of at most one month.

The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the definite period, subject to agreed termination rules and a notice period of at most one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

  • at all times and is not limited to termination at a specific time or in a specific period;
  • at least terminate them in the same way as they were entered into by him;
  • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite duration.

In deviation from the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.

An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite duration if the consumer can terminate it at any time with a notice period of at most one month. The notice period is at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a duration of more than one year may be terminated by the consumer after one year with a notice period of at most one month unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise agreed in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.

In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.

The consumer has the duty to report inaccuracies in payment details provided or stated without delay to the entrepreneur.

If the consumer does not meet his payment obligation(s) in a timely manner, he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to meet his payment obligations, after the non-payment within this 14-day period, over the still owed amount, the legal interest owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur can deviate from the mentioned amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after the complaint has been submitted, a dispute arises that is susceptible to the dispute settlement.

Article 17 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

Article 18 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

 

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