Terms and Conditions

General Terms and Conditions of Brand Works B.V.

The text below applies to all activities and transactions of Brand Works B.V. hereinafter referred to as: BRNDWRKS 

BRNDWRKS's general terms and conditions of sale, delivery and payment: 

1. Applicability

1.1       These General Terms and Conditions apply to every offer from BRNDWRKS and to every distance contract concluded between BRNDWRKS and the buyer, hereinafter referred to as the “Customer”.  

1.2       The following terms and conditions are used by BRNDWRKS, established and having its registered office in Made, as well as by the current group companies Jolo Eurofashion Made B.V.,  Jolo Fashion GmbH, Brand Works B.V., B.Nosy Kidswear B.V., Moodstreet B.V., Bellaire B.V., NoNo B.V., Flo B.V., LC Kidswear B.V., Brand Works Holding II B.V., Tygo&vito Kidswear B.V., SuperRebel Kidsgear Company B.V., Ko & Flo B.V., and all companies currently or in the future affiliated with the aforementioned companies within the group.

1.3       These terms and conditions apply to all existing D2C websites and future D2C websites of the group companies referred to in 1.2. Below is an overview of the current D2C websites:

• https://likeflo.nl/
• https://justbeach.nl/
• https://www.lechickidswear.com/
• https://moodstreet.nl/
• https://nono-kidswear.nl/
• https://b-nosy.com/
• https://tygovito.com/
• https://the-newchapter.com/
  
• https://redandblukids.com/nl
  
• https://koflo.nl/
• https://mooiemerken.nl/
• https://rubytuesday.nl/

1.4       In addition to these General Terms and Conditions, specific product or service terms may apply if expressly indicated. In the event of conflicting general terms and conditions, the Customer may always invoke the applicable provision that is most favorable to them.  

1.5       Before the distance contract is concluded, the General Terms and Conditions are made available to the Customer via BRNDWRKS's websites. Accepting an offer or placing an order means that the Customer has accepted these General Terms and Conditions, as well as all other rights and obligations that may be stated on BRNDWRKS's website.  

2. Offers

2.1       All offers from BRNDWRKS are non-binding. Offers are subject to product and/or service availability and to BRNDWRKS's right to revoke the offer within fourteen business days of receiving acceptance. BRNDWRKS has the right to refuse orders and/or dissolve the agreement if an item is unexpectedly out of stock. 

2.2       If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer. 

2.3       The offer contains a complete and accurate description of the products and services offered. If BRNDWRKS uses images, these are a truthful representation of the products and services offered. However, it may happen that the colour-, type- changes to the text and/or prices that differ from reality. Obvious mistakes or errors in the offer are not binding on BRNDWRKS.  

2.4       The distance contract is concluded when the Customer accepts BRNDWRKS's offer. If the Customer has accepted the offer electronically, BRNDWRKS will also promptly confirm receipt of acceptance of the offer electronically.  

2.5       The Customer and BRNDWRKS expressly agree that a valid agreement is concluded by using electronic means of communication. In particular, the absence of an ordinary signature does not affect the binding nature of the offer and its acceptance. BRNDWRKS's electronic files will, insofar as permitted by law, serve as prima facie evidence. 

3. Prices

3.1       All prices are expressed in euros (€), in accordance with the applicable statutory requirements. 

3.2       All prices include Dutch VAT and exclude shipping costs, unless otherwise stated in the information relating to the product. If the Customer is not located in the country of shipment, the Customer is responsible for any VAT or import duties payable. 

3.3       The prices shown are indicative prices. Exact prices can only be seen once the Customer places an item in the shopping cart. 

3.4       BRNDWRKS is not bound by price statements that are incorrect due to input, typesetting or printing errors. No rights may be derived from incorrect price information. 

4. Payment

4.1       Payment must always be made in advance.

4.2       For orders placed via the website, payment is made by means of iDEAL, PayPal, credit card, Google Pay or Apple Pay via the payment provider Shopify Payments. Belgian customers can also pay via Bancontact. Payments must at all times be made through Shopify Payments to be approved before BRNDWRKS proceeds with delivery. 

5. Delivery / Delivery time

5.1       BRNDWRKS aims to ship the ordered items within 24 hours of receiving payment. The stated delivery times are indicative and not final deadlines. Exceeding the delivery time does not entitle the Customer to compensation, termination of the agreement, or failure to fulfill any obligation arising for the Customer from this agreement or any related agreement.  

5.2       If a product that is temporarily out of stock is ordered by the Customer, an indication will be given of when the product will become available again. Delays will be reported to the Customer by email or telephone. The Customer is entitled to cancel the purchase of a product that cannot be delivered within 30 days.  

5.3       BRNDWRKS preferably arranges delivery via DHL. This makes the orders traceable. 

5.4       BRNDWRKS is not responsible for orders lost by DHL. 

5.5       BRNDWRKS is entitled to make deliveries in parts. The additional costs for this will be borne by BRNDWRKS. 

5.6       Shipping costs for shipments within the Netherlands are € 6,49. For Belgium, € 8,49. Higher costs will be charged for shipments to other countries. 

5.7       BRNDWRKS is entitled - if BRNDWRKS considers this necessary or desirable - to engage third parties necessary for the proper performance of its obligations. 

5.8       The Customer is obliged to cooperate with delivery and to accept the delivered goods. If the Customer fails to accept the delivered goods, BRNDWRKS reserves the right to charge the Customer for any associated costs (including any transport and storage costs). 

5.9       Acceptance shall be deemed to have been refused if the ordered services and/or goods have been offered for delivery but delivery has proved impossible. The day on which acceptance is refused shall be deemed the day of delivery. 

6. Exchanges and right of withdrawal

6.1       For agreements concluded via the website or by other means using exclusively electronic communication, the Customer has the right to exercise a right of withdrawal without penalty and without giving reasons within the following periods.

• The consumer has 14 days to cancel the order and notify the return
• After notification of the return, the consumer has 14 days to return the product
• After notification of the return, the retailer has 14 days to refund the order amount (including shipping costs)

 After this period, BRNDWRKS can no longer accept returns. 

6.2       If the Customer has exercised the right of withdrawal referred to in the previous paragraph, BRNDWRKS will arrange for reimbursement of the purchase price of the returned items, less the shipping costs. This will take place within 14 working days of receipt of the return shipment, into the account from which the payment originated. 

6.3       During the withdrawal period, the Customer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it.  

6.4       BRNDWRKS accepts only exchanges / returns for which the instructions have been followed. The right to return does not apply if: 

• The goods have not been registered within 14 days of delivery.
• The goods are returned after 14 days.
• The goods have been damaged by the Customer.
• The Customer has attempted to repair an item themselves.
• Loss of attachments to the goods.
• The goods are no longer in the same saleable condition as they were upon delivery.

6.5       The Customer is responsible for returning the product. BRNDWRKS assumes that the Customer returns the shipment in the same manner. Unstamped return shipments or return shipments that have not been registered will not be accepted.  

6.6       Any loss of a return shipment is entirely the Customer's responsibility. 

6.7       The costs of returning the product are borne by the Customer. 

6.8       If the product is damaged or the packaging is more damaged than necessary to try the product, we may charge you for the resulting depreciation in the product's value. Therefore, handle the product with care and ensure that it is properly packaged when returned.

7. Force majeure

7.1       In the event of force majeure, BRNDWRKS is not obliged to fulfil its obligations to the Customer; alternatively, the obligation is suspended for the duration of the force majeure. 

7.2       Force majeure means any circumstance beyond its control that wholly or partially prevents it from fulfilling its obligations to the Customer. Such circumstances include, among other things, strikes, fire, operational disruptions, power outages, non-delivery or late delivery by suppliers or other third parties engaged, and the absence of any permit required from the authorities. Force majeure also includes disruptions to a (telecommunications) network or connection or to the communications systems used and/or the website being unavailable at any time. 

7.3       If the force majeure situation lasts longer than 3 months, both BRNDWRKS and the Customer have the right to terminate the agreement.   

7.4       In the event of complaints, consumers must first contact the business. If the webshop is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership at https://www.webwinkelkeur.nl/leden/. If no solution is reached, the consumer may have their complaint handled by the independent disputes committee appointed by WebwinkelKeur. Its decision is binding, and both the business and the consumer agree to be bound by it. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee.   

 

8. Stock

8.1       The webshop's inventory is updated in real time. If, despite this, the item ordered by the Customer is no longer in stock, BRNDWRKS will inform the Customer as soon possible informed. The Customer then has the right to cancel the order for the missing item free of charge. BRNDWRKS will refund the amount paid for the order to the Customer's account within 14 working days (or sooner if possible). 

9. Liability 

9.1       Any liability of BRNDWRKS, its employees, and BRNDWRKS products for any damage, of whatever nature, direct or indirect, arising in connection with the goods supplied is expressly excluded, unless such damage was caused by intent or gross negligence on the part of BRNDWRKS. In any event, intent or gross negligence does not include damage suffered by the Customer or a third party as a result of inaccuracies or incompleteness in the information provided by the Customer. BRNDWRKS is likewise not liable for damage caused by third parties during the performance of the agreement. BRNDWRKS accepts no liability for any damage arising from the use of BRNDWRKS products.  

9.2       Damage which, in the Customer’s opinion, results from intent or gross negligence on the part of BRNDWRKS must be reported to BRNDWRKS in writing as soon as possible, but no later than thirty (30) days after it occurs. Damage not reported to BRNDWRKS within this period shall only qualify for compensation if the Customer has demonstrated that it was unable to report the damage earlier. 

9.3       If and to the extent that BRNDWRKS is liable due to an attributable failure to perform the purchase and delivery agreement or due to any other act, such liability shall be limited to compensation for direct damage up to a maximum of the amount of the price agreed for that agreement (excluding VAT). Under no circumstances shall the total compensation for direct damage, however, exceed EUR 1.000,-. 

9.4       Any liability of BRNDWRKS for business interruption or other indirect damage, including lost profits, missed savings, loss of data, time invested by the Customer itself, or costs of third parties engaged without BRNDWRKS’s prior written consent, is expressly excluded. 

10. Privacy

10.1     The personal data shall be included in the customer records of the group companies referred to in 1.2.

10.2     BRNDWRKS shall provide the Customer’s personal data to third parties only if this is necessary for the performance of the agreement with the Customer or to comply with a legal obligation.

10.3     See “Privacy statement & Cookie policy” for BRNDWRKS Privacy Policy.

11. Amendment

11.1     BRNDWRKS has the right to amend these general terms and conditions unilaterally. Amendments also apply to agreements already concluded. Amendments shall take effect one month after being announced by means of written notification. 

11.2     If the Customer does not wish to accept the amendment, the Customer shall have the right, up to the time the amendments take effect, to terminate the agreement in writing on the date on which the amended terms enter into force. After the amendments take effect, the Customer shall be deemed to have accepted them - tacitly. 

12. Applicable law

12.1     The agreement is governed by Dutch law. 

12.2     The Breda District Court shall have exclusive jurisdiction over disputes arising from the Agreement. 

12.3     The Dutch version of these general terms and conditions of sale shall prevail over their translations. 

For all your questions or comments, you can contact our customer service by email.

Refashion UIN: FR449520_11VSVX