General terms and conditions

General terms and conditions – Brivano

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

1.         Brivano: the sole proprietorship established in Almere, registered with the Chamber of Commerce under number 81792239. Located at Roemer Visscherstraat 43, 1321 CD.

2.         Customer: any natural person or legal entity that enters into an agreement with Brivano.

3.         Consumer: a customer who is a natural person and who does not act in the exercise of a profession or business.

4.         Distance contract: an agreement between Brivano and a customer that is concluded via the webshop.

5.         Products: all physical goods offered through www.brivano.nl.

6.         Withdrawal period: the period within which the consumer can make use of the right of withdrawal.

Article 2 – Identity of the entrepreneur

Company name: Brivano

Business address: Almere

Email address: info@brivano.nl

Chamber of Commerce number: 81792239

VAT identification number: NL003604243B44

Website: www.brivano.nl

Article 3 – Applicability

1.         These general terms and conditions apply to every offer from Brivano and to every agreement concluded between Brivano and the customer.

2.         Additional conditions may apply to business customers.

Article 4 – The offer

1.         The offer contains a complete and accurate description of the products offered.

2.         Obvious mistakes or errors in the offer do not bind Brivano.

3.         This offer is valid while stocks last.

Article 5 – The Agreement

1.         The agreement is concluded at the moment the customer accepts the offer and meets the conditions set therein.

2.         Brivano will confirm receipt of the order by email.

Article 6 – Prices and payment

1.         The prices stated in the offer are inclusive of VAT and exclusive of any shipping costs, unless stated otherwise.

2.         Payment takes place via the payment methods offered in the webshop.

3.         Prepayment may be required before an order is processed.

Article 7 – Delivery and execution

1.         Brivano delivers in the Netherlands and Belgium.

2.         The standard delivery time is 7–14 working days.

3.         Delivery is free unless otherwise stated.

4.         Brivano is not liable for delays caused by third parties (such as carriers).

Article 8 – Right of withdrawal (consumers only)

1.         The consumer has the right to cancel the agreement within 14 days after receipt without giving any reason.

2.         The consumer reports the revocation via info@brivano.nl .

3.         The consumer returns the product within 14 days after notification.

4.         Return costs are to be paid by the consumer.

5.         In case of cancellation, the purchase amount will be refunded within 14 days.

6.         Exceptions to the right of withdrawal:

O          Products that have been personalized.

O          Sealed products where the seal has been broken after delivery.

Article 9 – Retention of title

The delivered products remain the property of Brivano until the customer has fulfilled the payment obligation.

Article 10 – Warranty and conformity

1.         Brivano guarantees that the products comply with the agreement and legal provisions.

2.         If a product is defective, the customer must report this as soon as possible.

3.         Brivano will, at its discretion, repair, replace or refund the purchase price of the product.

4.         Wear and tear from normal use is not covered by the warranty.

Article 11 – Liability

1.         Brivano is not liable for indirect damages such as consequential damages or lost profits.

2.         Brivano's liability is limited to the amount of the order, unless there is intent or gross negligence.

3.         Brivano is not liable for damage resulting from incorrect use of the product.

Article 12 – Force Majeure

1.         In the event of force majeure, Brivano has the right to suspend or terminate the performance of the agreement.

2.         Force majeure includes, but is not limited to: pandemics, strikes, transport problems, government measures, fire and other non-attributable causes.

Article 13 – Complaints procedure

1.         Complaints can be submitted in writing via info@brivano.nl.

2.         Complaints will be answered within 14 days of receipt.

3.         If a complaint is not resolved within a reasonable time, the consumer can turn to the European ODR platform: https://ec.europa.eu/consumers/odr/

Article 14 – Privacy

For the processing of personal data, Brivano refers to the privacy statement, drawn up in accordance with the GDPR.

Article 15 – Applicable law and disputes

1.         This agreement is exclusively governed by Dutch law.

2.         Disputes will be submitted to the competent court in the district where Brivano is established.

Article 16 – Amendment of the terms and conditions

1.         Brivano reserves the right to change these terms and conditions.

2.         The most recent version always applies to orders.