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Terms and Conditions

Welcome to the terms and conditions (“Terms”) of Brond. Please read through them carefully before placing your order or sharing your information with us. Before placing an order, if you have any queries relating to these terms and conditions, please contact Brond (KVK 80691773) via info@brondinterior.com.

We may change these Terms from time to time without noticing you. Changes will apply to any subsequent orders received. You are asked to give your consent to these Terms before submitting your information via the form (“Quiz”) on our website or before placing your order. By agreeing to them you are legally bound by these Terms. If you do not agree to be bound by these Terms, please discontinue the use of the Website.

Article 1 - Definitions

The following definitions apply to these Terms:

  1. Brond: the natural or legal person who is offering products and/or services to consumers over distance mentioned under Article 2 of these Terms;
  2. Consumer and/or customer: the natural person who is not acting within the capacity of a profession or a business and enters into a distance contract with the trader;
  3. Parties: Brond and the consumer
  4. Distance contract: a contract involving the sole use of one or more techniques for distance communication within a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
  5. Technique for distance communication: a means that can be used for concluding a contract, without the consumer and the trader being in the same place at the same time;
  6. Additional agreement: an agreement in which the consumer products, acquires digital content and / or services in connection with a distance contract and these items, digital content and / or services are provided by Brond supplied or by a third party on the basis of an agreement between that third party and Brond;
  7. Digital content: information that is being processed and delivered in digital form
  8. Withdrawal period: the period within which the consumer can make use of his/her right of withdrawal;
  9. Withdrawal right: the possibility for a consumer to waive the distance contract within the withdrawal period;
  10. Day: calendar day;
  11. Duration transaction: a contract relating to a series of (digital) products and/or (digital) services, the delivery and/or acquisition of which is spread over a period of time;
  12. Durable medium: every means – including email- that enables the consumer or trader to store information that is addressed to him/her in person, in a way that permits future consultation and unaltered reproduction of the stored information.

Article 2 - Identity of the trader

Brond

Chamber of Commerce number: KVK 80691773

VAT Number: NL003482464B52

Laura van der Heijden

De Belschuur 10

3816 BR Amersfoort

e-mail: laura@brondinterior.com

Article 3 - Usage of website

  1. Brond hereby grants to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the website solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that you comply with the Terms. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the website in any manner not expressly permitted herein.
  2. Purchasing a service via the website is only allowed to people with a minimum age of 18 years.

Article 4 - Applicability

  1.  These terms apply to all quotations, offers, activities, orders, (distance) agreements and deliveries of services or products by or on behalf of Brond.
  2.  These terms are made available to the consumer via the website before the distance contract is concluded. In case this is reasonably not possible, Brond will, before conclusion of the contract, indicate how the terms can be viewed and that at the request of the consumer these terms will be sent digitally free of charge and as soon as possible.
  3. Parties can only deviate from these terms if they have expressly agreed on this in writing.
  4. The parties explicitly exclude the applicability of additional and / or deviating terms of the customer or third parties.

 

Article 5 - The offer

  1. If an offer is subject to a limited period of validity, or is concluded subject to the Terms, this will be explicitly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products and/or (digital) services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. The trader is not bound by obvious mistakes or errors in the offer.
  3. Every offer will contain such information that it is clear to the customer what rights and obligations are involved in accepting the offer. This will include, in particular: the price, including taxes; any costs of delivery; the way in which the contract will be concluded and which actions this will require; whether or not the right of withdrawal applies; the method of payment, delivery or implementation of the contract; the period for accepting the offer, or the period for adhering to the price; the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the basic tariff; if the contract is filed subsequent to its conclusion, the way in which it can be accessed by the customer; how the consumer can obtain information about actions he does not want taken before concluding the contract, as well as how to rectify these before the contract is concluded; the language in which the agreement can be concluded; the behavioural codes to which the trader is subject and how the consumer can consult these behavioural codes electronically; and the minimum duration of the distance contract, in the event of a contract that involves the continued or periodical supply of products or services

Article 6 - The order

  1.  Subject to the provisions of paragraph 5, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
  2. Brond electronically confirms receipt of acceptance of the offer. As long as Brond has not confirmed receipt of this acceptance, the consumer can dissolve the agreement.
  3. It is obligatory to provide the nominative information collected during an online sale as this information is necessary for the processing and delivery of orders as well as the establishment of invoices. This information is strictly confidential.
  4. An acknowledgement of receipt of the order is sent to the customer by email. In accordance with the provisions of the General Data Protection Regulation, the customer accepts the use of electronic mail for the confirmation of the order content by Brond. We will process your data in accordance with our Privacy Policy. By placing an order or using our services, you have agreed to our storing and processing of your data and you confirm that any data provided by you are correct and complete.
  5. In electronically concluded agreements, Brond will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment.
  6. At the latest upon delivery of the product, service or digital content to the consumer, Brond will send the following information, in writing or in an application form that the consumer can store in an accessible manner on a durable medium: (1) how consumer can contact Brond in case of complaints; (2) the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; (3) information about guarantees and existing after-sales service; (4) the price with all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery of the distance contract.
  7. Brond reserves the right to not accept an order from a customer with whom it is in dispute over a previous order, or if we reasonably believe that you have breached these Terms.

Article 7 - Right of withdrawal upon delivery of services and digital content

  1. For the delivery of services and digital content that is not supplied on a tangible medium, the consumer is entitled to a 14-day right of withdrawal. This period commences on the day after the conclusion of the agreement between the parties.
  2. During the this period, the customer can dissolve the contract without stating reasons.
  3. With the offer we will provide you with information on how you can exercise your right of withdrawal. This information must be reasonable and clear.
  4. We will refund all costs that you have already paid as soon as possible, but no later than 14 days, counted from the day after you have notified us of the cancellation.

Article 8 - Exclusion of right of withdrawal

The consumer has no right of withdrawal from service agreements with Brond after delivery of the service, but only if:

(a) the consumer has given explicit consent for Brond to perform the advice within the 14 days after conclusion of the agreement and;

(b) the consumer has stated that he or she will lose the right of withdrawal as soon as Brond has delivered the advice.

Article 9 - Obligations of the trader in case of withdrawal

  1. If the trader makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
  2. The trader uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  3. When the consumer has paid, Brond will refund this money as soon as possible, no later than 30 days after the withdrawal.

Article 10 - The Price

  1. Prices quoted for products or services being offered by Brond include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
  2. All prices that Brond uses for its products or services, on its website or that are otherwise announced, can be changed by Brond at any time.
  3. During the period of validity indicated in the offer, the prices of the products and / or services being offered will not be increased, except at a result of alterations in VAT tariffs.
  4. Contrary to the previous paragraph, the trader may offer products or services at variable prices, if these are subject to fluctuations (in the financial market) over which the trader has no influence.
  5. If the parties have agreed a total amount for a service by Brond, this is always a target price, unless the parties have explicitly agreed in writing on a fixed price, from which it cannot be deviated. Brond is entitled to deviate up to 10% of the target price. If the target price is more than 10% higher, Brond must inform the customer in good time why a higher price is justified.

Article 11 - Conformity and Guarantee

  1. Brond guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
  2. When the parties have entered into an agreement regarding a service, this only contains best efforts obligations for Brond, not obligations to achieve results.
  3. The consumer accepts responsibility the moment he or she decides to apply advice delivered by Brond. This applies to all agreements concluded (at a distance) between Brond and the consumer. If the consumer opts for the “shopping list” service, Brond compiles an advisory list with proposed products as part of the interior advice. Links to webshops or suppliers of products can be shared as part of this advice, however Brond is in no way connected to these web shops or suppliers. Therefore, Brond is in no way liable for the availability, the ordering process, the delivery, any disputes or other aspects of the recommended products.
  4. A guarantee provided by Brond never limits the legal rights and claims that the consumer can assert against Brond on the basis of the agreement if Brond has failed to fulfil its part of the agreement.

Article 12 - Implementation of the agreement

  1. Brond will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. Brond has the right to have the agreed services (partially) performed by third parties.
  3. The implementation of the agreement takes place in mutual consultation and after written agreement.
  4. It is the consumer’s responsibility that Brond can timely start implementing the agreement.
  5. If the consumer has not ensured that Brond can start the execution of the agreement in time, the resulting extra costs and / or extra hours will be borne by the consumer.

If delivery is delayed, or if an order cannot be fulfilled, or only partially, the consumer will be informed about this, at the latest within one month after the order was placed. In that case, the consumer has a right to dissolve the contract, free of charge. In a case of dissolution as described in the previous paragraph, the trader will refund the consumer with the sum paid as quickly as possible, at the latest within 30 days after the dissolution.

Article 13 - Information provision by the consumer

  1. Advice by Brond is based and depending on the information provided by the consumer via the form (“Quiz”) on the website or via another agreed way. As a result, the quality of the advice depends on the quality and accuracy of the information, photos and data provided by the consumer.
  2. The consumer makes all information, photos and data that are relevant for the correct execution of the agreement available to Brond in a timely manner and in the desired form and manner.
  3. The consumer guarantees the correctness, completeness and reliability of the information and data made available.
  4. If the consumer does not, not timely or not properly provide the information, photos and data reasonably required by Brond and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the consumer.

Article 14 - Payment

  1. The trader accepts payments made via Ideal, Paypal and Klarna. The consumer is obliged to inform the trader immediately of any inaccuracies in payment data provided or communicated.
  2. The traders prices are displayed in Euro’s. Please note if you choose to pay in a currency different to your own “local” currency, then your credit/debit card provider may charge you exchange rate costs. In the event that no later date has been agreed, the payment of products and services takes place after the placement of the order via the website, before the consumer receives the products or service, unless otherwise agreed.
  3. An acknowledgement of receipt of the order is sent to the customer by email. In accordance with the provisions of the General Data Protection Regulation, the customer accepts the use of electronic mail for the confirmation of the order content by Ateljé.
  4. If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by Brond of the late payment and Brond has granted the consumer a period of 14 days to still fulfill his payment obligations, after the if payment is not made within this 14-day period, statutory interest is due on the amount due and Brond is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The trader can deviate from the stated amounts and percentages in favor of the consumer.

Article 15 - Complaints procedure

  1. The consumer must examine a service provided by Brond as soon as possible for possible shortcomings.
  2. If a service provided does not meet what the customer could reasonably expect from the agreement, the consumer must inform Brond of this within a reasonable time after the shortcomings have been established by sending an email to info@brondinterior.com.
  3. The consumer will provide a description of the shortcoming that is as detailed as possible, so that Brond is able to respond adequately.
  4. The consumer must demonstrate that the complaint relates to an agreement between the parties.
  5. If a complaint relates to ongoing proceedings, this cannot in any case lead to Brond being obliged to perform work other than previously agreed in the distance contract.
  6. Complaints submitted to Brond will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Brond will reply within 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.

Article 16 - Amendments to the agreement

If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly timely and in mutual consultation.

Article 17 - Amendments to the Terms and Conditions

  1. Brond is entitled to amend or supplement these terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Brond will discuss substantive changes with the customer as much as possible in advance.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the these terms.

Article 18 - Intellectual property rights

  1. Brond holds all intellectual property rights to the website, its contents (including – but not limited to – text, design, layout, brochures, catalogues images, Instagram posts, and videos), the Products, the domain name and names unless stated otherwise, for example for images labeled with a source or website URL. 
  2. Any use of our intellectual property rights, including – but not limited to – copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the prior written permission of Brond.
  3. We will hold you liable for all caused direct and indirect damages when you use of our intellectual property rights without our consent.
  4. Brond holds all intellectual property rights to the advices and designs made for customers. Therefore, Brond has the right to showcase these advices and designs in its portfolio, unless the customer has explicitly stated that he or she does not want this.

Article 19 - Law and jurisdiction

The Terms and the contractual relations between Brond and the customer are subject to Dutch law. Brond is committed to finding an amicable solution before any judicial action.

Version: November 2020, Amersfoort 

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