terms - Brucreatief

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Terms of use
Article 1 - Definitions
Within this document, the following terms are defined as outlined below:

  1. Merchant: The natural or legal person who offers consumers and companies products and/or services remotely;
  3. Contracting party:
    • The natural person who is not acting on behalf of their professional position or company and concludes a remote agreement with the merchant;
    •   The natural or legal person who acts on behalf of their professional position or company and concludes a remote agreement with the merchant;  
  4. Remote Agreement: An agreement made exclusively through use of one or more means of remote communication for the remote sale of products     and/or services within the framework of the system established by the merchant. The contracting party commissions brucreatief.nl to produce and     send one or more products via the website brucreatief.nl; This may also include products of zeepland and A-Guitars
  6. Period of Reflection: The term in which the contracting party may make use of their right of withdrawal;
  8. Right of Withdrawal: The opportunity extended to the contracting party to terminate the remote agreement within the period of reflection;
  10. Day: Calendar day;
  12. Transaction Duration: A remote agreement concerning the recurring delivery of products and/or services for which the supply commitment and/or the supply provision obligation is spread over time;
  14. Durable Data Carrier: Any means which allows the contracting party  or the merchant to save personal information in a way which makes it possible to access an unaltered version of this information at any time in the future.
Article 2 - Identity of the Merchant

brucreatief.nl: Operating under the name: brucreatief.nl and zeepland

Physical address:
Nieuwstraat 8
4311AN Bruinisse
The Netherlands

Telephone number: +31 (0) 649 198 639
Email address: info@brucreatief.nl
Chamber of Commerce number KVK: 76240576
BTW Number: NL860557765B01

Bank details:
IBAN Nr.: NL20RABO0349248583
Article 3 - Applicability

Be advised: Products from brucreatief which are personalized cannot be returned.
  1. These terms and conditions apply to the merchants entire stock and to each remote agreement concluded between the merchant and the contracting party.      
  3. Prior to the conclusion of an order which is made to the customers liking (special colors, materials, sizes) you need to know, that such products cannot be returned unless of damage.
  5. Should specific product and/or service conditions be applicable in addition to these terms and conditions you will receive information before sending.
  7. If a faulty good is delivered, the contracting party needs to get in contact with brucreatief.nl by phone (+31 649 198 639) or email (info@brucreatief.nl)  

Article 4 - Products
  1. Products and/or services are accompanied by a complete and accurate description of the item on offer. The description is detailed enough to make it possible for the contracting party to evaluate the product adequately. If the merchant makes use of images, these will be a reliable representation of the product and/or service on offer. Apparent errors or mistakes in the items on offer do not legally bind the merchant.
  3. Each item description contains enough information that it is clear to the contracting party what rights and obligations are associated with acceptance of the product and/or service on offer. These include:
        The price, including taxes; Any associated shipping costs;
        The manner in which the agreement is to be concluded and the actions necessary to do so;
        The applicability of any right of withdrawal;
        The method of payment, shipping or execution of the agreement;
        The period in which acceptance of the offer, including the price, remains valid;
        The rates for remote communication should costs for use of remote communication technology be calculated based on methods other than a basic rate;
        How the contracting party can access information regarding the conclusion of an agreement for actions which are not desirable to the contracting party         and the manner in which the contracting party may cancel this agreement before it is concluded;  
Article 5 - The Agreement
  1. The agreement, will take effect at the moment that the contracting party accepts the product and/or service on pays the price stated.  
  3. If the contracting party has accepted an agreement electronically, the merchant will immediately confirm receipt of acceptance electronically. Until   receipt of acceptance has been confirmed, the contracting party can dissolve the agreement.
  5. If the agreement is concluded electronically, the merchant will take the necessary technological and organizational steps to protect the transfer of data and ensure that this takes place in a secure web environment. If the contracting party opts for an electronic payment method, the merchant will also take appropriate security measures.
  7. The merchant can within legal limits gather information concerning the ability of the contracting party to meet payment obligations, as well as other   facts and factors which bear on a concluding a remote agreement responsibly. If based on this information the merchant has grounds not to enter into an agreement, then the merchant is legally motivated to refuse an order or request or to attach special conditions to the fulfillment of an order or request.
  9. The merchant will, along with a product and/or service, provide the contracting party with the following information, either in writing or in such a way that the contracting party can easily save the information on a durable data carrier:
    • The physical address of the merchants location where the contracting party can lodge any complaints;
    • The conditions under which the contracting party may make use of their right of withdrawal, as well as a clear indication of when the right of   withdrawal does not apply;
    • Information concerning existing service and guarantees once a purchase has been made;       
    • The information addressed in Article 4.3 of these terms and conditions, unless the merchant has provided this information to the contracting party prior to the conclusion of the agreement;
    • The requirements for dissolution of the agreement should the duration of the agreement be longer than one year or for an unspecified period.
  11. If the merchant has agreed to recurring delivery of products and/or services, the condition outlined in the previous sub-article only applies to the first instance.
Article 6 - Right of Withdrawal upon Delivery of Products
  1. Upon purchase of any product, the contracting party has the opportunity to dissolve the agreement without explanation during a period of 14 days. This period begins the day the product is received by the contracting party or on their behalf.
  3. During this period, the contracting party will handle the product and packaging with care. The contracting party will unwrap or use a product only to the extent that it is possible to evaluate whether or not they wish to keep the product. Should the contracting party decide to make use of their right of withdrawal, then they will return the product and all the associated attributes if reasonably possible in their original state and packaging to the merchant according to the reasonable and clear instructions provided by the merchant.
  5. Be advised: If products from brucreatief.nl are custom made to order they may cannot be returned. If an order has not been correctly produced, then we will handle the issue directly with the customer.
Article 7 - Property rights
  1. The client must completely and unconditionally respect all intellectual and industrial property rights associated with any products provided by brucreatief.nl.      
  3. Brucreatief.nl does not guarantee that the items provided to the client do not infringe upon any intellectual and/or industrial property rights held by third parties and does not accept liability for any claims lodged by third parties based on the supposition that a product provided by brucreatief.nl infringes upon any rights held by third parties.
Article 8 - Prices
  1. During the period of price validity quoted under products, the prices of products and/or services on offer will not be increased except as a result of   changes in VAT rates.
  3. Prices quoted for products and/or services include VAT and are mentioned in Euro (EUR).
Article 9 - Conformity and Warranty
  1. The merchant guarantees that products and/or services satisfy the terms of the agreement, the specifications noted in the product description, reasonable expectations of reliability and/or functionality and all legal conditions and/or regulatory requirements as set forth by the government in effect upon the date of the conclusion of the agreement.
  3. A warranty offered by the merchant, manufacturer or importer does not diminish the rights and obligations of the contracting party towards the   merchant should the merchant fall short in fulfilling obligations based on the law and/or terms of the remote agreement.
Article 10 - Delivery and execution
  1. The merchant shall take the greatest care in receiving and executing product orders and in evaluating requests for delivery of services.
  3. The point of delivery is the address which the contracting party has disclosed to the merchant.
  5. Taking into account that which is stated in Article 4 of these terms, the merchant shall execute accepted orders within a professional timeframe. For products made to specific orders, the time frame may be extended as we are dealing with art and this may needs some more time. In such cases time frames will be discussed before placing an order.
  7. Risks associated with damage and/or loss of a product rests with the merchant up to the moment of delivery to the contracting party unless expressly agreed otherwise.
  9. Brucreatief.nl cannot be held liable for printing errors on its products as a result of incorrect information provided by the contracting party. The same is true of all other information provided by the contracting party including that pertaining to address and delivery details etc.
Article 11 - Payment
  1. Insofar that no longer payment period is agreed upon, amounts due by the contracting party must be paid within a period of 14 days after delivery of a product, or in the case of an agreement regarding services, within a period of 14 days after service has been provided.
  3. In case the contracting party does not pay within the agreed period of time, the amount due will be raised with another £2.50 administration costs each time.
  5. In case of non-payment by the contracting party, the merchant within legal limits has the right to claim associated collection costs within reason as long as these are communicated to the contracting party prior to collection.
  7. The terms of an agreement may not stipulate a prepayment of more than 50% for the sale of products to contracting parties. When prepayment has been stipulated, the contracting party does not have any rights in regards to the execution of the relevant order or service(s) prior to prepayment having been completed.
  9. The contracting party is obligated to report incorrect payment information to the merchant immediately.
Article 12 - Guarantee
  1. The merchant has a sufficiently accessible procedure for complaints in place and handles complaints according to this procedure.
  3. Complaints concerning the execution of an agreement must be submitted to the merchant accompanied by a complete and clear description within a reasonable time period after the contracting party has identified defects.
  5. The merchant will respond to submitted complaints within a period of 14 days after the complaint has been received. Should a complaint entail a   foreseeable response time longer than 14 days, then within 14 days the merchant will confirm receipt of the complaint and provide the contracting     party with an indication of the expected response time.
  7. If the complaint cannot be resolved through mutual discussion, the resulting dispute will then be handled according to the dispute procedure.
Article 13 - Disputes
  1. Only Dutch law is applicable to agreements made between the merchant and the contracting party and which are covered by these terms and conditions.
  3. The court in the place of business of brucreatief.nl is solely authorized to address disputes, unless the district court is also authorized. Nevertheless,   brucreatief.nl retains the right to present a dispute to the authorized court according to the law.
  5. A dispute will only be handled if the contracting party submitted the initial complaint to the merchant within a reasonable period of time.
  7. Concerned parties will appeal to the court only after they have exhausted all efforts to settle a dispute in mutual discussion.
  9. A dispute must be presented to the court in writing no later than three months after the dispute arose.
  11. Online Dispute Resolution: http://ec.europa.eu/odr/
Article 14 - Responsibilities of the Contracting Party
  1. The contracting party agrees not to have material printed on products and/or packaging which may be construed as racially, sexually or otherwise discriminating in nature and therefore in violation of laws and/or standards of morality. The contracting party is responsible for thoroughly checking the information provided to brucreatief.nl for correctness and completeness. Brucreatief.nl can in no way be held responsible for checking this information for correctness or completeness.
Article 15 - Intellectual Property and Copyrights
  1. Without prejudice to provisions stated elsewhere in these terms, brucreatief.nl  retains the rights and authorizations to which it is entitled based on   copyright laws.
  3. Any media created by brucreatief.nl within the framework of an agreement, including but not limited to designs, sketches, drawings, films, software,   text, audio recordings, electronic files, other materials or products, remain the property of brucreatief.nl, regardless of whether these have been handed over to the contracting party or another third party, unless otherwise agreed.
  5. Any media provided by brucreatief.nl including but not limited to designs, sketches, drawings, films, software, text, audio recordings, (electronic) files, other materials and products, are to be used exclusively by the contracting party and may not be reproduced, published or otherwise shared with third parties without the express consent of brucreatief.nl unless the nature of the media provided implies otherwise.
  7. Brucreatief.nl reserves the right to use any information gained through execution of work orders for other purposes insofar as confidential information is not shared with third parties.
  9. Everything on the website is the exclusive property of brucreatief.nl and may not be reproduced or published in any way without the express written consent of brucreatief.nl.      
Article 16 - Supplementary or Contradictory Conditions

Supplementary conditions which contradict these terms and conditions may not be disadvantageous to the contracting party and must be recorded in writing in such a way that the contracting party can easily save the information to a durable data carrier.
If you need help: info@brucreatief.nl or +31 649 198 639
Nieuwstraat 8
4311 AN Bruinisse
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