Table of Contents
Article 1 - Definitions
Article 2 - Identity of the seller
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - Prices
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Deliveries to UK and outside the European Union
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
1. Withdrawal period: the period during which the Consumer may exercise their right of withdrawal;
2. Customer: any natural or legal person entering into an agreement with Bravour, whether acting as a Consumer or in the course of a trade, business or profession;
3. Consumer: any natural person acting for purposes outside their trade, business, craft or profession.
4. Business Customer: any natural or legal person entering into an agreement in the course of their trade, business, craft or profession.
5. Day: a calendar day;
6. Continuing transaction: a distance contract relating to a series of products and/or services for which delivery and/or purchase obligations are spread over time;
7. Durable medium: any means enabling the Customer or Seller to store information addressed personally to them in a manner that allows future reference and unchanged reproduction of the stored information.
8. Right of withdrawal: the Consumer's right to withdraw from a distance contract within the withdrawal period;
9. Seller: the natural or legal person offering products and/or services to Customers at a distance;
10. Distance contract: an agreement concluded within an organised distance sales system for products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the agreement;
11. Means of distance communication: a means that can be used to conclude an agreement without the Customer and Seller being physically present together.
Article 2 - Identity of the seller
Bravour Nederland BV
De Rijn 7c
5684 PJ Best
The Netherlands
Chamber of Commerce number: 64976483
VAT identification number: NL855930469B01
E-mail address: info@bravour.com (mon - fri 08:00 - 16:00)
Livechat: (mon - fri 08:00 - 16:00)
Phone number: +44 84 33780031 (mon - fri 08:00 - 12:30)
Article 3 - Applicability
1. These Terms and Conditions apply to every offer made by the Seller and to every distance contract concluded between the Seller and the Customer.
2. Before a distance contract is concluded, the text of these Terms and Conditions will be made available to the Customer. If this is not reasonably possible, the Seller will indicate, before the contract is concluded, that the Terms and Conditions are available for inspection at the Seller's premises and will be provided to the Customer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these Terms and Conditions may, notwithstanding the preceding paragraph and before the contract is concluded, be made available to the Customer electronically in a manner that allows them to be easily stored on a durable medium. If this is not reasonably possible, the Seller will indicate, before the contract is concluded, where the Terms and Conditions can be accessed electronically and that they will be provided free of charge electronically or by other means upon request.
4. If specific product or service conditions apply in addition to these Terms and Conditions, paragraphs 2 and 3 apply accordingly, and in the event of conflicting terms and conditions, the Customer may always rely on the provision most favourable to them.
Article 4 - The offer
1. If an offer is valid for a limited period or subject to conditions, this will be expressly stated in the offer.
2. Despite continuous efforts to ensure the accuracy of the website and product information, Bravour cannot guarantee that the information is complete and/or up to date at all times. No rights may be derived from such information. In case of doubt, the Customer should contact customer service.
3. Each offer contains sufficient information to make clear to the Customer the rights and obligations arising from acceptance of the offer. This includes, in particular:
- the price inclusive or exclusive of VAT, in accordance with applicable legal requirements;
- any delivery costs;
- the manner in which the agreement will be concluded and the steps required to do so;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the period for accepting the offer or the period during which the Seller guarantees the price;
- the rate charged for distance communication if the cost of using the means of distance communication is calculated on a basis other than the standard basic rate for the means used;
- whether the agreement will be archived after conclusion and, if so, how the Customer can access it;
- how the Customer can check and, if necessary, correct the information provided in connection with the agreement before concluding it;
- any other languages, in addition to Dutch, in which the agreement may be concluded;
- the codes of conduct to which the Seller is subject and how the Customer can consult these codes electronically; and the minimum duration of a distance contract in the case of a continuing transaction.
Article 5 - The agreement
1. Subject to paragraph 4, the agreement is concluded when the Customer accepts the offer and meets the conditions set out therein.
2. If the Customer accepts the offer electronically, the Seller will promptly acknowledge receipt of that acceptance electronically. Until the Seller has confirmed receipt of the acceptance, the Customer may terminate the agreement.
3. If the agreement is concluded electronically, the Seller will take appropriate technical and organisational measures to secure the electronic transfer of data and provide a secure online environment. If the Customer can pay electronically, the Seller will implement appropriate security measures for that purpose.
4. Within the limits of the law, the Seller may investigate whether the Customer can meet their payment obligations, as well as any facts and circumstances relevant to entering into the distance contract responsibly. If the investigation gives the Seller reasonable grounds not to enter into the agreement, the Seller may refuse an order or request, stating the reasons, or impose special conditions on its performance.
5. The Seller will provide the Customer with the following information with the product or service, in writing or in a form that can be stored by the Customer on an accessible durable medium:
- the visiting address of the Seller's establishment where complaints may be submitted;
- the conditions governing and procedure for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
- information on warranties and existing after-sales services;
- the information referred to in Article 4(3), unless this has already been provided to the Customer before performance of the agreement;
- the requirements for terminating the agreement if it has a duration exceeding one year or is concluded for an indefinite period;
- in the case of a continuing transaction, the provision in the preceding item applies only to the first delivery.
6. The goods remain the property of Bravour® until payment has been made in full.
Article 6 - Right of withdrawal
1. When purchasing products, the Consumer may withdraw from the agreement without giving any reason within 14 days. This withdrawal period begins on the day after the product is received by the Consumer or by a representative designated in advance by the Customer and made known to the Seller.
2. If the Consumer exercises their right of withdrawal, they must return the product within 14 days of notifying the Seller of the withdrawal, together with all supplied accessories and, where reasonably possible, in its original condition and packaging. The deadline is met if the product is dispatched before the end of this 14-day period.
3. During the withdrawal period, the Consumer must handle the product and its packaging with care. The Consumer may only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. If the product has diminished in value as a result of use beyond this or careless handling, Bravour may hold the Consumer liable for the resulting loss in value, to the extent permitted by law.
4. Business Customers have no statutory right of withdrawal. Any voluntary returns are handled in accordance with Article 7.
Article 7 - Costs of withdrawal
1. If the Consumer exercises their right of withdrawal, the costs of returning the product are borne by the Consumer.
2. If the Consumer exercises their right of withdrawal, Bravour will refund the payments received, including applicable standard delivery costs, without undue delay and no later than 14 days after receiving the withdrawal notification. Bravour may withhold the refund until the products have been received or until the Consumer has provided evidence that they have been sent back.
3. Business Customers must request the return of correctly delivered products within 14 calendar days of delivery. Such returns will only be accepted with Bravour's prior approval, provided that the products are unused, undamaged and complete, unless otherwise agreed in writing. For such voluntary returns, Bravour may charge a return and restocking fee of 25% of the purchase price of the returned products, excluding VAT. The Business Customer will be informed of these charges before the return is approved. This provision does not apply to returns arising from a breach for which Bravour is responsible, or to the exercise of statutory rights by Consumers.
Article 8 - Exclusion of the right of withdrawal
1. The Seller may exclude the Consumer's right of withdrawal to the extent provided in paragraphs 2 and 3. Such exclusion applies only if the Seller has clearly stated it in the offer or otherwise informed the Consumer in good time before the agreement is concluded.
2. The right of withdrawal does not apply to products and services for which the law provides an exception, including products manufactured to the Consumer's specifications or clearly intended for a specific person.
3. The right of withdrawal may be excluded for services only if performance has begun with the Consumer's express consent before the withdrawal period has expired;
Article 9 - Prices
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the preceding paragraph, the Seller may offer products or services at variable prices where the prices are linked to fluctuations in the financial market over which the Seller has no control. This link to market fluctuations and the fact that any stated prices are indicative will be specified in the offer.
3. Price increases within three months of conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. Price increases occurring three months or more after conclusion of the agreement are permitted only if the Seller has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the Customer has the right to terminate the agreement with effect from the date on which the price increase takes effect.
5. Prices on the website may be displayed either inclusive or exclusive of VAT, depending on the selected price display setting.
Article 10 - Conformity and warranty
1. The Seller warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or fitness for use, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the Seller also warrants that the product is suitable for use other than its normal intended use.
2. Any warranty provided by the Seller, manufacturer or importer does not affect the statutory rights and claims that the Customer may assert against the Seller under the agreement.
3. In the event of non-conformity of a delivered product, the Customer retains their applicable statutory rights.
4. Business Customers must inspect the delivered products within seven calendar days of receipt to verify completeness, correctness and the absence of defects that could reasonably be detected. Any missing products or parts, incorrect deliveries and defects identifiable during a normal inspection must be reported to Bravour in writing within this period, with a clear description of the discrepancy. If no report is made within this period, the Business Customer may lose the right to rely on these discrepancies.
5. Technical defects that become apparent after delivery will be handled in accordance with the warranty terms and warranty period stated for the relevant product.
6. Bravour is not responsible for damage resulting from improper use, normal wear and tear or circumstances occurring after delivery that are at the Business Customer's risk. The Customer's applicable statutory rights remain unaffected.
Article 11 - Delivery and execution
- Bravour will exercise the greatest possible care when receiving and fulfilling product orders and assessing requests for services.
- The place of delivery is the delivery address provided by the Customer, unless otherwise agreed in writing. The Customer is responsible for providing accurate and complete delivery details.
- Bravour aims to fulfil orders within the stated or agreed delivery period. Stated delivery periods are indicative unless a binding delivery date has been expressly agreed. For Consumers, delivery will take place no later than 30 days after conclusion of the agreement, unless a different delivery period has been agreed.
- If an order is delayed or cannot be fulfilled, whether in whole or in part, Bravour will inform the Customer as soon as possible and, where possible, provide a new estimated delivery date.
- If delivery of an ordered product proves impossible, Bravour may offer an equivalent or comparable alternative in consultation with the Customer. A replacement product will only be supplied with the Customer's consent. If no agreement is reached and the agreement is lawfully terminated, any payments already received for the unavailable product will be refunded.
- If the agreed delivery period is exceeded, the Consumer has the right to grant Bravour a reasonable additional period for delivery. If delivery still does not take place within that additional period, the Consumer may terminate the agreement. An additional period is not required where the law so provides. For Business Customers, exceeding an indicative delivery period does not automatically give rise to a right to terminate the agreement or claim damages, without prejudice to their other statutory and contractual rights.
- If the agreement is lawfully terminated due to non-delivery, Bravour will refund payments already received for the relevant undelivered products as soon as possible and in accordance with applicable statutory deadlines.
- Bravour bears the risk of damage to or loss of products until delivery to the Customer or a representative designated by them. A different allocation of risk may be expressly agreed with Business Customers. For Consumers, the statutory rules on transfer of risk apply.
- The Customer is requested to inspect the order immediately upon receipt for any transport damage to the packaging and products. Business Customers must inspect the products within 48 hours of delivery and report any transport damage to Bravour in writing within that period, with photographs of the damage and packaging, where reasonably possible.
- Late reporting of transport damage by Business Customers may affect the assessment and handling of the claim, particularly where this limits Bravour's ability to establish the nature, cause or extent of the damage. Applicable statutory rights remain unaffected.
- Where mandatory national or international transport rules apply to the carriage of products, including the CMR Convention, those rules remain fully applicable.
Article 12 - Deliveries to UK and outside the European Union
1. Deliveries to UK and outside the European Union are only accepted for companies or institutions that can provide: a valid VAT number, and a valid EORI number.
2. All shipments to non-EU destinations are executed under DAP – Delivered at Place terms.
3. Under DAP terms, the buyer is fully responsible for: import duties and taxes, customs clearance costs, VAT applicable in the destination country, any costs arising after customs release. These charges are not included in our product prices or shipping fees.
4. If the buyer refuses delivery, fails to pay import duties or taxes, or otherwise prevents customs clearance, the shipment will be returned to us. Since DAP terms are communicated and accepted by the buyer before the shipping of goods, any resulting costs will be charged to the buyer, including but not limited to: initial shipping costs, return shipping costs, customs penalties, storage fees or administrative charges, restocking fees.
Article 13 - Payment
1. Unless otherwise agreed, amounts payable by the Customer must be paid within eight days of conclusion of the agreement. Where a different payment term has been agreed, the payment term stated in the agreement or on the invoice applies.
2. The Customer must promptly notify the Seller of any inaccuracies in the payment details provided or stated.
3. Invoiced amounts must be paid within the agreed payment term, without any deduction or set-off. In the event of non-payment, the contracting party is automatically in default. Standard collection costs of at least €40, as well as statutory interest, will be charged and become payable from the first day following the due date stated on the invoice.
Article 14 - Complaints procedure
1. The Seller maintains a sufficiently publicised complaints procedure and handles complaints in accordance with that procedure.
2. Complaints concerning performance of the agreement must be submitted to Bravour within a reasonable period after discovery, with a full and clear description. Complaints by Business Customers relating to missing products or parts, incorrect deliveries and defects are also subject to the provisions and complaint deadlines set out in Articles 10 and 11.
3. Complaints submitted to Bravour will be answered within 14 days of receipt. If a complaint requires more time to process, the Customer will receive an acknowledgment within that period, together with an indication of when a substantive response can be expected.
4. If a complaint cannot be resolved by mutual agreement, a dispute arises that may be dealt with under the dispute resolution procedure.
Article 15 - Disputes
1. Agreements between Bravour and the Customer to which these Terms and Conditions apply are governed by Dutch law. For Consumers, this choice of law does not affect the protection afforded by mandatory provisions of the law of their country of habitual residence, to the extent that those provisions apply.
Article 16 - Additional or deviating provisions
Any provisions that supplement or deviate from these Terms and Conditions must be recorded in writing or on another durable medium. For Consumers, such provisions must not prejudice their mandatory statutory rights.