Terms and Conditions

ARTICLE 1. | DEFINITIONS

  • Braaimaster: the user of these general terms and conditions, located in Bergen, registered in the Commercial Register under Chamber of Commerce number 58253491.
  • Distance contract: a contract whereby, within the framework of a system organized by Braaimaster for the distance sale of products, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
  • Agreement: the distance agreement concluded between the buyer and Braaimaster.
  • Consumer: a natural person, not acting in the course of a profession or business.
  • Purchaser: the consumer, or the natural or legal person acting in the course of a profession or business, with whom Braaimaster has concluded an agreement.
  • Right of withdrawal: the option offered to consumers to terminate the agreement within fourteen days of receiving the ordered products.
  • Website: the Braaimaster website on which the agreement is concluded: www.braaimaster.nl.

ARTICLE 2. | GENERAL PROVISIONS

  • These general terms and conditions apply to every offer and every agreement concluded between Braaimaster and the buyer.
  • Before the agreement is concluded, the text of these general terms and conditions will be made available to the buyer in such a way that it can be easily stored by the buyer on a durable data carrier. If this is reasonably impossible under the circumstances, it will be indicated before the agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or in another manner at the buyer's request.
  • The invalidity or nullity of one or more of the provisions herein shall not affect the validity of the remaining provisions. In such a case, the parties are obliged to enter into mutual consultation in order to agree on a replacement provision for the affected clause. In doing so, the purpose and intent of the original provision shall be taken into account as much as possible.

ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT

  • All special conditions under which a product is offered are explicitly stated in the offer.
  • The images and other information displayed on the website provide a true representation or a description that is as complete and accurate as possible of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer.
  • The characteristics of the products to be delivered as stated in the offer may differ in minor respects from what is actually delivered. Minor differences are defined as: all minor deviations in data concerning color, size, weight, and other characteristics of the products. The presence of such minor deviations does not give the buyer grounds to suspend their obligations under the agreement, to terminate it in whole or in part, or to claim compensation.
  • Obvious mistakes and errors in the offer are not binding on Braaimaster.
  • The agreement is concluded at the moment that Braaimaster immediately confirms the offer accepted by the buyer by electronic means and the buyer complies with the conditions set out in the offer.
  • The confirmation sent electronically by Braaimaster is deemed to have been received at the moment the confirmation is sent by Braaimaster.

ARTICLE 4. | RIGHT OF WITHDRAWAL

  • The agreement between the consumer and Braaimaster may be terminated by the consumer within fourteen days of receipt of the products, without giving any reason.
  • Consumers who exercise their right of withdrawal may terminate the agreement in accordance with the instructions provided by Braaimaster, or by means of another unambiguous statement to that effect. As soon as possible after Braaimaster has been informed of the consumer's intention to terminate the agreement and if the conditions in this article have been met, Braaimaster will confirm the termination in writing or by electronic means.
  • During the period referred to in paragraph 1, the consumer must handle the product and packaging with care. The consumer shall only unpack and use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises his right of withdrawal, he shall return the product to Braaimaster undamaged and with all accessories supplied and, as far as reasonably possible, in its original condition and packaging.
  • Products must be returned within fourteen days after Braaimaster has confirmed the termination of the agreement.
  • If the consumer exercises their right of withdrawal, they shall bear the costs of returning the products.
  • Consumers who exercise their right of withdrawal will receive a refund for any payments they have already made as soon as possible, but no later than fourteen days after the agreement has been terminated.

ARTICLE 5. | PRICES AND PAYMENTS

  • Before the agreement is concluded, the total price of the products to be delivered will be stated, including VAT and all other costs.
  • During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates.
  • The rates stated on the website do not include delivery costs. The amount of the delivery costs is explicitly stated in the offer.
  • The buyer cannot assert any rights with regard to the execution of the order if the advance payment has not yet been made.
  • Any inaccuracy or incompleteness in the payment details provided by the buyer must be reported to Braaimaster immediately.

ARTICLE 6. | EXECUTION AND DELIVERY

  • Unless expressly agreed otherwise, the delivery of the ordered products will take place at the delivery address specified by the buyer.
  • Braaimaster will exercise the utmost care in the execution and delivery of the order.
  • Braaimaster will only execute the order if the conditions stated in the offer have been met.
  • Braaimaster will execute accepted orders with due speed. Delivery times stated in the offer will be adhered to as much as possible. Stated delivery times are never strict deadlines. Braaimaster will notify the buyer in good time of any delay in delivery, stating an adjusted delivery time.
  • Braaimaster reserves the right to deliver in parts.
  • The risk of loss of and damage to the products shall pass to the buyer at the moment the products are received by or on behalf of the buyer.

ARTICLE 7. | CONFORMITY AND WARRANTY

  • Subject to the provisions of paragraph 2, Braaimaster guarantees that the delivered products are free from defects and that the products comply with the applicable specifications issued by the supplier.
  • The warranty provided by Braaimaster on products is always limited to the manufacturer's warranty provided by the supplier on products, which is always transferred to the buyer.
  • The provisions of this article do not affect the statutory rights of consumers.
  • Any claim by the buyer under this article shall lapse if the defect in the item is the result of an external cause and/or cannot be attributed to Braaimaster. This includes, but is not limited to, defects resulting from accidents, damage, short circuits, improper use, incorrect application, failure to maintain or have maintained the product professionally and regularly, and modifications to the products, including repairs carried out without Braaimaster's consent.
  • Without Braaimaster's permission, the buyer is never entitled to return the delivered products. If Braaimaster grants the aforementioned permission, the products must be returned within a reasonable period of time. If the return does not take place within a reasonable period of time, all possible rights of the buyer will lapse.
  • If investigation costs are incurred in order to determine a defect on the basis of which the warranty or the buyer's claim as referred to in paragraph 4 is excluded, these costs shall be borne by the buyer. Braaimaster will endeavor to notify the buyer of this in advance. Failure to do so shall not affect the buyer's obligation to pay these costs.

ARTICLE 8. | LIABILITY

  • Except in cases of intent or deliberate recklessness on the part of Braaimaster, it shall not be liable for any damage resulting from the use of the products it supplies.
  • Braaimaster accepts no liability for damage that could have been prevented if the buyer had properly followed the instructions for use supplied or otherwise provided by Braaimaster or its suppliers, or had otherwise acted in accordance with the reasonable standards of care that should be observed.
  • Braaimaster is not liable for damage resulting from a defect in the delivered item for which the manufacturer of the delivered item is liable pursuant to Section 3 of Title 3 of Book 6 of the Civil Code ("product liability").
  • Without prejudice to the other provisions of this article, Braaimaster shall never be liable for consequential damage, including lost profits, losses suffered, and damage resulting from business interruption. If, despite the provisions of these general terms and conditions, Braaimaster is nevertheless liable, only direct damage shall be eligible for compensation. Direct damage shall be understood to mean exclusively:
  • Without prejudice to the provisions of the rest of these general terms and conditions, Braaimaster's liability shall at all times be limited to three times the purchase price of the order, or at least to that part of the order to which the liability relates.
  • All claims and defenses against Braaimaster expire after one year.
  • Except in the case of intent or deliberate recklessness on the part of Braaimaster, the buyer shall indemnify Braaimaster against all claims from third parties, on whatever grounds, for compensation for damage, costs, or interest arising from the use of the products supplied by Braaimaster.
  • the reasonable costs incurred in determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;
  • any reasonable costs incurred to bring Braaimaster's defective performance into line with the agreement, insofar as these can be attributed to Braaimaster;
  • reasonable costs incurred to prevent or limit damage, insofar as the buyer demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions.

ARTICLE 9. | COMPLAINTS

  • Complaints about the performance of the agreement must be submitted to Braaimaster in writing or electronically, fully and clearly described, within a reasonable time after the buyer has discovered the defects.
  • Complaints submitted to Braaimaster will be answered within fourteen days of receipt.
  • If a complaint requires a longer processing time, a confirmation of receipt will be sent within fourteen days, indicating when the buyer can expect a more detailed response.

ARTICLE 10. | FINAL PROVISIONS

  • All agreements are governed exclusively by Dutch law.
  • The parties will only appeal to the court after they have made every effort to settle the dispute through mutual consultation.
  • Unless the law stipulates otherwise, only the court within the district where Braaimaster is located is authorized to hear disputes.