GENERAL TERMS AND CONDITIONS OF SUPPLY OF BRALEX WEBSHOPS B.V.
FOR DISTANCE CONTRACTS WITH CONSUMERS
Established at Stavangerweg 16 in (9723 JC) Groningen, the Netherlands
Registered with the Chamber of Commerce under number 63010445
Article 1. Definitions
In these general terms and conditions the following terms are written with a capital letter and used with the following meaning, unless expressly stated otherwise:
  • Bralex Webshops BV: the private company with limited liability Bralex Webshops BV, the other party to the Contract with the Consumer and user of the present general terms and conditions within the meaning of Section 231 under b, Book 6 of the Dutch Civil Code.
  •  Offer/Tender: a proposal made by Bralex Webshops BV to the Consumer for concluding a Contract, for example in a tender or an online offer.
  •  Consumer: the natural person who provides Bralex Webshops BV with an assignment for the delivery of goods or services, who thereby does not act in the exercise of a profession or business and who is the other party to the Contract with Bralex Webshops BV within the meaning of Section 231 under c, Book 6 of the Dutch Civil Code.
  •  Right of withdrawal: the option for the Consumer to cancel the distance Contract within the cooling-off period.
  •  Model form: the model form that is made available by Bralex Webshops BV to the Consumer on its website, which form enables the Consumer to make use of his/her Right of Withdrawal.
  •  Order: the assignment for the delivery of goods or services by Bralex Webshops BV, or the placing of an order for this purpose.
  •  Contract: the arrangement between Bralex Webshops BV and the Consumer on the basis of which Bralex Webshops BV will deliver products and/or services to the Consumer.
  •  Distance contract: a Contract whereby, in the context of a system organised by Bralex Webshops BV for sale at a distance of products and/or services, up to and including the concluding of the Contract, exclusive use is made of one or more Technologies for communication at a distance.
  •  Parties: Bralex Webshops BV and the Consumer jointly.
  •  Technology for communication at a distance: a means of communication that can be used for concluding a contract without the Consumer and Bralex Webshops BV having to meet simultaneously in the same space.
Article 2. Applicability
  • The present general terms and conditions apply to all Offers, Contracts and deliveries of Bralex Webshops BV, of whatsoever nature, unless this applicability has been wholly or in part expressly excluded in writing, or it has been expressly agreed otherwise.
  •  Any terms and conditions of the Consumer are expressly rejected. Derogations from and addendums to these terms and conditions are only applicable if and in so far as these have been expressly accepted in writing by Bralex Webshops BV.
  •  If Bralex Webshops BV during a short or longer period, whether or not tacitly, permits derogations from the present general terms and conditions, this will not affect its right to at a later date require immediate and strict compliance with these terms and conditions. The Consumer cannot derive any rights from the manner in which Bralex Webshops BV applies the present terms and conditions.
  •  The present terms and conditions also apply to all Contracts with Bralex Webshops BV for the performance of which third parties must be involved. These third parties can directly invoke these terms and conditions, including any limitation of liability.
  •  If one or more of the provisions of the present general terms and conditions or any other Contract with Bralex Webshops BV are found to be in conflict with a mandatory statutory provision or any applicable statutory regulation, the provision concerned will lapse and will be replaced by a new, legally permissible and comparable provision to be recorded by Bralex Webshops BV.
  •  Bralex Webshops BV reserves the right to amend the present terms and conditions at any time. The general terms and conditions apply in each case to the Contract as these were formulated at the time of the coming into effect of the Contract with the Consumer.
Article 3. Offers and prices
  • All Offers made by Bralex Webshops BV are revocable and are made without obligation, unless expressly stated otherwise.
  •  The prices in the Offers made by Bralex Webshops BV are including turnover tax and other duties imposed by authorities, but excluding any dispatch costs to be incurred in the context of the assignment, unless stated otherwise.
Article 4. Coming into effect of the Contract
  • The Contract between Bralex Webshops BV and the Consumer will only come into effect after the Consumer has gone through the order process on the website and has paid the order amount to Bralex Webshops BV. In case of payment in arrears, or of payment by means of transfer to Bralex Webshops BV's bank account, the Contract will come into effect after the order process has been entirely completed on the website. Thereupon Bralex Webshops BV will confirm the Order to the Consumer as soon as possible by email.
Article 5. Delivery and delivery periods
  • Unless agreed otherwise, delivery will be made to the delivery address stated by the Consumer and the dispatch costs will be at the Consumer's expense. Bralex Webshops BV will clearly set out the dispatch costs in the Offer.
  •  If Bralex Webshops BV requires details from the Consumer in the context of the performance of the Contract, the delivery period will commence after the Consumer has made all required details available to Bralex Webshops BV.
  •  If Bralex Webshops BV has stated a period of time for delivery or the performance of the Contract, this will be merely indicative. A stated delivery period can therefore never be deemed to be a final deadline. In the event of exceeding a period the Consumer must therefore give Bralex Webshops BV notice of default in writing. Bralex Webshops BV must at such time be offered a reasonable period in order to be able to perform the Contract at a later date.
  •  The risk concerning the goods delivered will transfer to the Consumer at the time of delivery. Delivery in the context of these general terms and conditions is taken to mean: the time on which the goods are received by the Consumer.
  •  The Consumer will be obliged to take possession of the goods bought at the time when these are made available to the Consumer, or handed over to the Consumer.
  •  Bralex Webshops BV reserves the right to engage, at its expense, third parties, not employed by it, during the execution of (part of) the assignment.
Article 6. Approval period and right of withdrawal
  • If the delivered goods are not in conformity with the Contract, the Consumer must report any defects or incorrectly delivered goods within a reasonable period after the discovery thereof to Bralex Webshops BV. The Consumer will be obliged to inspect the delivered goods immediately after receipt and must report defects that have become apparent during this inspection immediately and in writing.
  •  If there is a long-distance purchase, the offer will also contain an approval period of at least fourteen (14) calendar days, commencing on the day after receipt by or on behalf of the Consumer, unless agreed otherwise. In that event, the purchase will only be final when fourteen (14) calendar days have expired after receipt of the goods.
  •  During the approval period the Consumer has the Right of Withdrawal, by which the Consumer has the option, without any obligation on the part of the Consumer other than of payment of the direct costs of return consignment, to return the goods received, unless expressly agreed otherwise.
  •  The Consumer can exclusively rely on his/her Right of Withdrawal by informing Bralex Webshops BV in writing, or by email, of his/her intention, within a period of fourteen (14) calendar days after receipt by or on behalf of the Consumer. Bralex Webshops BV will make a Model Form available for this purpose on its website. The filled-in Model Form must be forwarded by email to [email protected] or by regular mail to Bralex Webshops BV's correspondence address (Stavangerweg 16, 9723 JC Groningen, the Netherlands).
  •  If the Consumer relies on the Right of Withdrawal, Bralex Webshops BV will repay any amount already paid by the Consumer no later than within thirty (30) calendar days.
  •  The Consumer can only make actual use of his/her Right of Withdrawal if the goods concerned are returned complete, undamaged, unused, and in the original packaging. Following reliance on his/her Right of Withdrawal, the Consumer must return the delivery to Bralex Webshops BV within fourteen (14) calendar days. The costs thereof will be at the Consumer's expense, unless expressly agreed otherwise.
  •  Tailor-made products and/or services are excluded from the approval period and the Right of Withdrawal. Such an exclusion will be clearly set out in the Offer.
Article 7. Invoicing and payment
  • Unless expressly agreed otherwise, the payment for ordered goods will take place by means of advance payment in full in one sum by means of one of the payment methods offered by Bralex Webshops BV on its website. Following payment the Consumer will receive a specified invoice by email from Bralex Webshops BV.
Article 8. Liability
  • If Bralex Webshops BV is liable for damage, this liability will be limited, in so far as permitted by law, to payment of direct damage, which will be with a maximum of the invoice amount under the Contract, or at least that part of the Contract the liability relates to. Direct damage exclusively includes:
  • A. the reasonable costs to establish the cause and extent of the damage, in so far as the establishing is related to damage within the meaning of these general terms and conditions; 
  • B. any reasonable costs incurred to have the defective goods and services of Bralex Webshops BV conform with the Contract, unless this cannot be attributed to Bralex Webshops BV; 
  • C. the reasonable costs incurred to prevent or limit damage, in so far as the Consumer demonstrates that these costs have resulted in limitation of direct damage as referred to in these general terms and conditions.
  •  Bralex Webshops BV will never be liable for any indirect damage, including personal injury, consequential loss, lost profit, lost savings, and loss due to business interruption.
  •  Bralex Webshops BV will not be liable for any damage, of whatsoever nature in whatsoever form, because it has proceeded from incorrect and/or incomplete data provided by the client. Any costs ensuing therefrom for Bralex Webshops BV will be at the client's expense.
  •  The limitations of liability for direct damage included in these general terms and conditions are not applicable if the damage can be attributed to intent or gross negligence on the part of the Bralex Webshops BV.
Article 9. Quality, conformity and guarantee
  • Bralex Webshops BV guarantees that all goods delivered by it are sound, this means that the delivered goods offer the safety that can be expected thereof, and that the goods are of the usual quality for this purpose, and are suitable for their intended use, and comply with all requirements reasonably to be set out for this, or the requirements explicitly agreed between parties.
  •  The guarantee has been determined in accordance with applicable law, whereby Bralex Webshops BV will, in the event of defects in goods, first exchange these or repair these, which will be entirely at its discretion. If an item cannot be repaired, or if the exchanged item also has defects, the Consumer will be entitled to return the items and will be refunded for the full purchase amount.
  •  Drawings, technical descriptions, samples, images, colours, dimensions and material descriptions are stated by Bralex Webshops BV in good faith and as accurately as possible. However, this information is not binding. Derogations in the delivered goods within the margins usual in the sector must be accepted and do not give the Consumer any right to complain, replacement, compensation of damage, or any other right, unless a smaller margin for derogations has been expressly agreed in the Contract.
Article 10. Retention of title
  • All goods delivered by Bralex Webshops BV remain the property of Bralex Webshops BV until the time when the Consumer has completely fulfilled all his/her payment obligations towards Bralex Webshops BV, on the basis of any Contract concluded with Bralex Webshops BV for the delivery of goods and/or services; claims with regard to failure in the performance of such a Contract are included therein.
  •  The Consumer is not permitted to establish restricted rights on goods, which are subject to the retention of title of Bralex Webshops BV. If third parties want to establish (restricted) rights on the goods subject to retention of title, the Consumer will promptly inform Bralex Webshops BV thereof.
Article 11. Force majeure
  • In the event of force majeure Bralex Webshops BV will be entitled to terminate the Contract, or to suspend its obligations towards the Consumer for a reasonable period without being obliged to any compensation.
  •  Force majeure in the context of these general terms and conditions is taken to mean: a non-attributable failure on the part of Bralex Webshops BV, of the third parties engaged by it or suppliers, or any other serious reason on the part of Bralex Webshops BV, as a result of which Bralex Webshops BV cannot execute the assignment in a timely manner or not without excessive efforts and/or costs measured by objective standards.
  •  If Bralex Webshops BV at the occurrence of the force majeure already has partially fulfilled its obligation, or can only partially fulfil its obligations, Bralex Webshops BV will be entitled to invoice separately for the part already delivered or as the case may be the deliverable part, and the Consumer will be obliged to pay the invoice as if it concerned a separate agreement. However, this will not apply if the part already delivered or deliverable part does not have any independent value.
Article 12. Applicable law and dispute resolution
  • The law of the Netherlands applies to all Contracts concluded between Bralex Webshops BV and the Consumer.
  •  The Dutch text of these general terms and conditions will always be decisive for the contents and the interpretation of the terms and conditions.
  •  All disputes - including those which are deemed to be a dispute by one of the parties - which arise related to an agreement, which the present terms and conditions apply to, wholly or in part, or related to other agreements, which ensue from such an agreement, will be adjudicated by the competent court in the district of the place of residence of the Consumer. This will not affect the fact that Bralex Webshops BV can agree with the Consumer to have the dispute settled by means of independent arbitration.

These general terms and conditions have been drawn up by Confirmo and it is not permitted, without prior permission in writing from the copyright owner, to reproduce or use these wholly or in part. For further information please visit: http://www.juridischevoorwaarden.nl/.
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