General Terms and Conditions
This website is operated by Brixtonn. Throughout the site, the terms “we,” “us,” “our,” and “entrepreneur” refer to Brixtonn. Brixtonn offers this website, including all information, tools, and services available on this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms, conditions, and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, suppliers, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store are also subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in the state or province where you reside, or that you are the age of majority in the state or province where you reside and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for illegal or unauthorized purposes, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature. Any breach or violation of these Terms will result in the immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may (a) involve transmissions over various networks, and (b) be modified to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 1 - DEFINITIONS
For the purposes of these terms and conditions:
Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
Consumer: A natural person not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.
Day: January 26, 2025.
Long-term transaction: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
Distance contract: An agreement concluded within the framework of an organized system by the entrepreneur for remote sales of products and/or services, where exclusive use is made of one or more techniques for remote communication up to and including the conclusion of the agreement.
Technique for remote communication: Any means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same space simultaneously.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Email address: info@brixtonn.com
Chamber of Commerce (KVK) number:95573763
VAT number: NL005162304B09
Address: Schonbergstraat 12, Breda
(This is not a visiting or return address. Returns sent to this address will not be reimbursed.)
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph and before the distance contract is concluded, be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier.
If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge via electronic means or other methods upon request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly. In the case of conflicting general terms and conditions, the consumer may always rely on the provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions shall otherwise remain in effect. The affected provision will be replaced promptly by mutual agreement with a provision that closely approximates the original intent as much as possible.
Situations not covered by these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.
Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change 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 allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be a basis for compensation or cancellation of the agreement.
Images of products are an accurate representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that makes it clear to the consumer what the rights and obligations are associated with the acceptance of the offer. This particularly includes:
The price, excluding clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will apply the special arrangement for postal courier services in regard to imports. This arrangement applies when goods are imported into the EU destination country, which is the case here. The postal or courier service collects the VAT (either together with the clearance costs) from the recipient of the goods;
Any shipping costs;
The manner in which the agreement will be concluded and the actions required for it;
Whether 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 entrepreneur guarantees the price;
The rate for communication by remote means if the costs of using the communication technique are calculated on a basis other than the regular basic rate for the communication method used;
Whether the agreement is archived after it is concluded, and if so, how it can be accessed by the consumer;
How the consumer can check and, if desired, correct the information provided by them in the context of the agreement before concluding the agreement;
Any other languages in which the agreement can be concluded, in addition to Dutch;
The codes of conduct to which the entrepreneur has adhered and how the consumer can electronically consult these codes;
The minimum duration of the distance contract in the case of a long-term transaction.
Optional: Available sizes, colors, types of materials.
ARTICLE 5 - THE AGREEMENT
The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will promptly 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 may cancel 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 take appropriate security measures.
The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as all relevant facts and factors for responsibly entering into the distance agreement. If the entrepreneur has valid grounds based on this investigation not to conclude the agreement, they have the right to refuse an order or request, or to attach special conditions to its execution.
The entrepreneur will provide the following information to the consumer, either in writing or in such a way that it can be easily stored by the consumer on a durable medium:
The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
The conditions under which and how the consumer can exercise their right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
Information about warranties and existing after-sales service;
The information in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
The requirements for terminating the agreement if the agreement lasts 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 entered into under the suspensive condition of the sufficient availability of the relevant products.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the possibility to cancel the agreement within 14 days without providing any reason. This cooling-off period begins the day after the consumer or a representative designated by the consumer, who is known to the entrepreneur, receives the product.
During the cooling-off period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If the consumer decides to exercise their right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The notification should be made by means of a written message/email. After notifying the entrepreneur, the customer must return the product within 14 days. The consumer must provide proof that the delivered goods were returned on time, for example, by providing a proof of shipment.
If the consumer has not notified their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur within the timeframes mentioned in paragraphs 2 and 3, the purchase is final.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the consumer exercises their right of withdrawal, the costs for returning the products will be borne by the consumer.
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. The condition for this refund is that the product has been received by the online store or that conclusive evidence of the complete return shipment can be provided.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only applicable if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products that:
Have been made by the entrepreneur according to the consumer's specifications;
Are clearly of a personal nature;
By their nature cannot be returned;
Can spoil or age quickly;
The price of which is linked to fluctuations on the financial market which the entrepreneur cannot influence;
Are single newspapers and magazines;
Are audio and video recordings and computer software where the consumer has broken the seal;
Are hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
Concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
Where the delivery has begun with the consumer's express consent before the cooling-off period has expired;
Relating to betting and lotteries.
ARTICLE 9 – THE PRICE
I reserve the right to change the prices of the offered products and/or services during the validity period mentioned in the offer, even due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices subject to fluctuations on the financial market, which the entrepreneur cannot influence, at variable prices. This fluctuation and the fact that any prices mentioned are indicative will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
They are the result of legal regulations or provisions; or
The consumer has the authority to cancel the agreement starting from the day the price increase takes effect.
The place of delivery, according to Article 5, paragraph 1, of the Sales Tax Act 1968, is in the country where the transportation begins. In this case, delivery takes place outside the EU. Consequently, the post or courier service will collect import VAT or clearance fees from the recipient. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case 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 ensures that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations in effect at the time the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrect deliveries must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in their original packaging and in new condition.
The warranty period from the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual use 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 had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise mishandled or used contrary to the instructions of the entrepreneur and/or the handling instructions on the packaging;
The defect is entirely or partially the result of regulations set or to be set by the government regarding the nature or quality of the materials used.
ARTICLE 11 – PERSONAL INFORMATION
By submitting personal information through the store, our Privacy Policy applies. To view our privacy policy, please refer to the relevant section on our website.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, shipping costs of products, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to update or modify information or cancel orders if information in the Service or on a related website is found to be incorrect at any time without prior notice (even after you have placed your order).
We are not obligated to update, modify, or clarify information in the Service or on a related website, including but not limited to price information, except as required by law. No specified update or revision date should be applied to the Service or a related website to indicate that all information in the Service or on a related website has been changed or updated.
SECTION 13 – CHANGES TO THE TERMS OF SERVICE
You can view the most current version of the Terms of Service at any time on this page.
We reserve the right, at our discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service after any changes to these Terms of Service have been posted will constitute acceptance of those changes.