Terms of Service

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
  • Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Long-term transaction: a distance contract relating to a series of products and/or services for which the supply and/or purchase obligation is spread over time;
  • Durable medium: any device that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction;
  • Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who offers goods and/or services remotely to consumers;
  • Distance contract: an agreement concluded within a system organized by the entrepreneur for distance selling, whereby only one or more means of distance communication are used;
  • Means of distance communication: methods used to conclude an agreement without the consumer and entrepreneur being physically present in the same place at the same time;
  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

You can reach us at the following email address: support@brenzio.com

Article 3 – Scope

These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before concluding a distance contract, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the contract is concluded, how the General Terms and Conditions can be viewed and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may be provided to the consumer electronically in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, the entrepreneur shall indicate where the General Terms and Conditions can be viewed electronically and that they will be sent to the consumer upon request.

If specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer may rely on the most favorable applicable provision.

If one or more provisions in these General Terms and Conditions are at any time wholly or partially void or declared void, the remainder of the agreement and these terms will remain in force, and the void provision will be replaced in mutual consultation with one that most closely reflects the intent of the original.

Situations not covered by these General Terms and Conditions must be assessed in the spirit of these terms.

Ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in the spirit of these terms.

Article 4 – The Offer

If an offer has a limited validity period or is made under specific conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.

The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer are not binding for the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

  • The price, excluding customs clearance costs and import VAT. These additional costs are borne by and at the risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services regarding importation into the EU destination country. The postal and/or courier service will collect the VAT (possibly together with the calculated customs clearance costs) from the recipient of the goods;
  • Any shipping costs;
  • The manner in which the agreement will be concluded and which actions are necessary for this;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery, and execution of the agreement;
  • The period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • The rate for distance communication if the costs of using the distance communication technique are calculated on a different basis than the regular basic rate for the used communication technique;
  • Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
  • The way in which the consumer can check and, if desired, correct the information provided by them under the agreement before the conclusion of the agreement;
  • Any other languages in which the agreement can be concluded besides Dutch;
  • The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically;
  • The minimum duration of the distance agreement in the event of an extended transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  • The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • Information about guarantees and existing after-sales service;
  • The information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This reflection period starts on the day after the consumer, or a representative designated by the consumer in advance and made known to the entrepreneur, has received the product.

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The notification should be made in writing or via email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If the consumer has not indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired, and the product has not been returned to the entrepreneur, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they will bear the costs of returning the products.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer or at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for the following products:

  • Products that are damaged. The original packaging must be available.
  • Products that cannot be resold.
  • Ordered goods for commercial projects.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market and the entrepreneur has no influence on them. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • These result from legal regulations or provisions; or
  • The consumer has the authority to terminate the agreement from the day on which the price increase takes effect.

The place of delivery is determined in accordance with Article 5, paragraph 1 of the Turnover Tax Act 1968 by the country where the transport begins. In this case, delivery takes place outside the EU. As a result, the import VAT or customs clearance fees are collected by the postal or courier service from the buyer. Therefore, the entrepreneur does not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
  • The defectiveness is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed about this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and made known representative to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Agreements: Termination and Extension

Termination

The consumer may terminate a contract concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract, which involves the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can:

  • terminate the agreements mentioned in the previous paragraphs at any time and may not be limited to termination at a specific time or during a specific period;
  • terminate them in the same way as the agreement was concluded;
  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

A fixed-term contract that involves the regular delivery of products or services may not be automatically extended or renewed for a fixed duration.

By way of exception, a fixed-term contract involving the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a maximum of three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A fixed-term contract involving the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. If the contract involves the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines, the notice period is a maximum of three months.

A trial or introductory subscription to daily, news, and weekly newspapers and magazines is not automatically extended and ends automatically after the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the withdrawal period referred to in Article 6 paragraph 1. In the case of a service agreement, this period begins after the consumer has received the confirmation of the agreement.

The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay.

If the consumer does not fulfill their payment obligation(s) on time, they are, after being notified by the entrepreneur of the late payment and the entrepreneur having granted the consumer a 14-day period to still fulfill their payment obligations, after the failure to pay within this 14-day period, liable for statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes.

Dutch law applies to this agreement. However, consumers residing in the EU  shall not be deprived of the protection granted to them by mandatory provisions of the consumer protection laws in their country of residence.

Article 16 – Import Duties, VAT, and Delivery from Non-EU Countries

Responsibility for Import Duties and VAT
The consumer acknowledges and accepts that all import duties, customs clearance fees, and import VAT applicable in the country of destination are the sole responsibility of the consumer. These costs are not included in the purchase price and will be collected, where applicable, by the postal or courier service at the time of delivery.

Direct Delivery from Third Countries
The consumer understands and agrees that the goods are shipped directly from a supplier located in China. The entrepreneur does not act as the importer of record in the country of destination. All transport and delivery are arranged directly by the supplier or the postal/courier service, without the entrepreneur’s involvement in the customs clearance process.

Delays and Additional Costs
The consumer accepts that delivery times may be affected by customs inspections and other import procedures. Any delays, additional costs, or charges arising from the importation of goods into the country of destination shall be borne entirely by the consumer. The entrepreneur cannot be held liable for such delays or additional charges.