Terms and conditions

Article 1 – Identity of the seller

Brandshops (part of Brandmates)
Zuiderkade 3
1948 NG Beverwijk, the Netherlands
Email: [email protected]
Phone: +31 85 060 8327
Chamber of Commerce number: 65438418
VAT number: NL856112501B01

Article 2 – Definitions

In these terms and conditions:

1. Seller: Brandshops;
2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the seller;
3. Means of distance communication: any means that can be used to conclude a contract without the consumer and seller being physically together, such as (but not limited to) telephone and the internet;
4. Distance contract: a contract concluded within a system for the distance sale of products organised by the seller, in which only one or more means of distance communication are used up to and including the conclusion of the contract;
5. Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
6. Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
7. Day: calendar day;
8. Durable medium: any means that allows the consumer or seller to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Article 3 – Applicability

1. These terms and conditions apply to every offer made by the seller and to every distance contract concluded between the seller and the consumer.
2. Before the distance contract is concluded, the seller makes the text of these terms and conditions available to the consumer, electronically and in such a way that the consumer can easily store it on a durable medium. If this is not possible, the seller will indicate where the terms can be viewed and that they will be sent free of charge on request.
3. If specific product conditions apply in addition to these terms and conditions, the consumer may always rely on the provision that is most favourable to them in the event of conflicting conditions.

Article 4 – The contract

1. The contract is concluded at the moment the consumer accepts the offer and meets the conditions set out in it.
2. The seller confirms receipt of the acceptance of the offer electronically without delay. As long as this receipt has not been confirmed, the consumer may cancel the contract.
3. The seller takes appropriate technical and organisational measures to secure the electronic transfer of data and provides a secure web environment for electronic payment.
4. The seller sends the consumer the following information with the product, in writing or on a durable medium: the address where the consumer can go with complaints; the conditions and procedure for exercising the right of withdrawal; information about guarantees and after-sales service; and the information referred to in Article 5(3), unless the seller has already provided it before the contract was performed.
5. Within the limits of the law, the seller may check whether the consumer can meet their payment obligations. If the seller has good reasons not to enter into the contract on the basis of this check, the seller may refuse an order, stating reasons, or attach special conditions to its performance.

Article 5 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this is stated explicitly in the offer.
2. The offer contains a complete and accurate description of the products offered, so that the consumer can properly assess them. Images used are truthful representations of the products. Obvious mistakes or errors in the offer do not bind the seller.
3. Each offer states clearly what the consumer’s rights and obligations are on acceptance, in particular: the price including taxes; any delivery costs; how the contract is concluded; the method of delivery and payment; whether the right of withdrawal applies; and the period for accepting the offer.

Article 6 – Price

1. All prices are in euros and include VAT. Shipping costs are stated clearly before the order is placed.
2. Prices are not increased during the period of validity stated in the offer, except for price changes resulting from changes in VAT rates.
3. Price increases within three months of the conclusion of the contract are only permitted if they result from statutory regulations.
4. Business customers in another EU member state with a valid VAT number are invoiced without VAT (reverse charge).

Article 7 – Payment

1. Orders are paid at checkout using one of the payment methods offered.
2. The consumer must report any inaccuracies in the payment details provided to the seller without delay.

Article 8 – Right of withdrawal

1. The consumer may cancel the contract without giving reasons within 14 days of the day on which the consumer, or a third party designated by the consumer, received the product.
2. During this period the consumer handles the product and its packaging with care. The consumer only unpacks or uses the product to the extent necessary to assess whether they wish to keep it.
3. To withdraw, the consumer notifies the seller within the cooling-off period, for example via the withdrawal button on the right of withdrawal page or by email, and returns the product with all accessories, as far as possible in its original condition and packaging, within 14 days of that notification.
4. For hygiene reasons, stick-on lenses whose sealed packaging has been opened after delivery cannot be returned.

Article 9 – Costs in the event of withdrawal

1. If the consumer exercises the right of withdrawal, the cost of returning the product is for the consumer.
2. The seller refunds the amount paid, including the original standard shipping costs, as soon as possible and no later than 14 days after the withdrawal. The seller may withhold the refund until the product has been received back or the consumer has shown that it has been sent back.

Article 10 – Delivery

1. The seller takes the greatest possible care when receiving and processing orders.
2. The address the consumer gives to the seller is the place of delivery.
3. Orders are shipped within 1 working day. Orders placed before 1 pm on a working day are shipped the same day. Accepted orders are delivered no later than 30 days after the order, unless a longer delivery period has been agreed.
4. If delivery is delayed or an order cannot be carried out, or only partly, the consumer is informed no later than 30 days after placing the order. In that case the consumer may cancel the contract free of charge, and the seller refunds the amount paid within 14 days.
5. The risk of loss of or damage to products remains with the seller until the moment of delivery to the consumer.

Article 11 – Guarantee and conformity

1. The seller guarantees that the products conform to the contract, the specifications stated in the offer, reasonable requirements of soundness and usability, and the statutory provisions in force on the date the contract was concluded.
2. Any additional guarantee offered by the seller, manufacturer or importer does not limit the consumer’s statutory rights.

Article 12 – Complaints

1. Complaints about the performance of the contract must be submitted to the seller, fully and clearly described, within a reasonable time after the consumer has discovered the defects, by email to [email protected].
2. The seller responds to complaints within 14 days of receipt. If a complaint requires a longer processing time, the seller replies within 14 days with an acknowledgement and an indication of when the consumer can expect a more detailed answer.
3. If a complaint cannot be resolved by mutual agreement, the consumer may submit the dispute to the competent court or to an out-of-court dispute resolution body in their country of residence.

Article 13 – Amendments

Amendments to these terms and conditions only take effect once they have been published in the appropriate manner. If amendments are made during the validity of an offer, the provision most favourable to the consumer applies.

Article 14 – Applicable law

Contracts between the seller and the consumer to which these terms and conditions apply are governed exclusively by Dutch law. This does not deprive consumers living in another EU member state of the protection of the mandatory provisions of the law of their country of residence.