Terms & Conditions
Definitions
1. Prix Brandstore: Prix Brandstore, located in Amsterdam.
2. Customer: the person with whom Prix Brandstore has entered into an agreement.
3. Parties: Prix Brandstore and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
1. These terms and conditions apply to all offers, quotations, activities, orders, agreements and deliveries of services or products by or on behalf of Prix Brandstore.
2. Parties can only deviate from these conditions if they have explicitly agreed to do so in writing.
3. Parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
Prices
1. All prices that Prix Brandstore uses are in euros, include VAT and exclude any other costs such as administration costs, levies and shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. Prix Brandstore can change all prices for its products on its website at any time.
3. Prix Brandstore has the right to adjust prices annually.
4. Prix Brandstore will communicate price adjustments to the customer before they take effect.
5. The consumer has the right to terminate the agreement with Prix Brandstore if he does not agree with the price increase.
Payments and payment term
1. Prix Brandstore requires payment in full before processing and shipping orders.
2. Orders are processed after payment confirmation is received.
3. Customers have 1 hour after placing an order to make changes by contacting info@prixbrandstore.com. After this time, orders will be processed as submitted.
Shipping and delivery
1. Prix Brandstore will ship items only after full payment has been received.
2. Delivery times are estimates and may vary depending on shipping destination.
3. Prix Brandstore is not responsible for delays caused by shipping carriers or customs.
Right of withdrawal
1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving a reason, provided that:
- the product has not been used
- it is not a product that has been specially made for the consumer or has been adapted
- it is not a product that cannot be returned for hygienic reasons
- the seal is still intact, if applicable
- the consumer has not waived his right of withdrawal
2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
3. The consumer can make his appeal to the right of withdrawal known via info@prixbrandstore.com, if desired using the withdrawal form that can be downloaded via the Prix Brandstore website, prixbrandstore.com.
4. The consumer is obliged to return the product to Prix Brandstore within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
Returns and refunds
1. Customers may return unworn, unwashed merchandise in original condition within 30 days of receipt.
2. Return shipping costs are the responsibility of the customer unless the product is defective.
3. If merchandise is returned due to sizing issues, the customer is responsible for return shipping costs.
4. Defective products can be returned for a full refund including original shipping costs.
5. To initiate a return, customers must contact info@prixbrandstore.com for return authorization.
Reimbursement of delivery costs
1. If the consumer has made timely use of his right of withdrawal and as a result has returned the complete order to Prix Brandstore in time, Prix Brandstore will reimburse any shipping costs paid by the consumer to the consumer within 14 days after receipt of the timely fully returned order.
2. The costs for delivery are only for the account of Prix Brandstore insofar as the complete order is returned.
Cancellations
1. Order cancellations must be requested within 1 hour of placing the order by contacting info@prixbrandstore.com.
2. Orders that have already been shipped cannot be cancelled.
Retention of title
1. Prix Brandstore remains the owner of all delivered products until the customer has fully complied with all its payment obligations towards Prix Brandstore.
2. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
Delivery
1. Delivery takes place while stocks last.
2. Delivery of online ordered products takes place at the address indicated by the customer.
3. If the agreed amounts are not paid, Prix Brandstore has the right to suspend its obligations until payment has been received.
Delivery time
1. The delivery times specified by Prix Brandstore are indicative and do not give the customer the right to dissolution or compensation if they are exceeded, unless parties have expressly agreed otherwise in writing.
2. The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation of this from Prix Brandstore.
Transport costs
Transport costs are for the account of the customer, unless parties have agreed otherwise.
Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the customer must have the deliverer make a note of this before accepting the product, in the absence of which Prix Brandstore cannot be held liable for any damage.
Complaints
1. The customer must examine a product delivered by Prix Brandstore for any shortcomings as soon as possible.
2. If a delivered product does not comply with what the customer could reasonably expect from the agreement, the customer must inform Prix Brandstore of this as soon as possible, but in any case within 14 days after discovery of the shortcomings.
3. Consumers must inform Prix Brandstore of this within 2 months after discovery of the shortcomings.
4. The customer gives a description of the shortcomings as detailed as possible, so that Prix Brandstore is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
Liability of Prix Brandstore
1. Prix Brandstore is only liable for any damage suffered by the customer if and insofar as this damage is caused by intent or deliberate recklessness.
2. If Prix Brandstore is liable for any damage, it is only liable for direct damage that results from or is related to the execution of an agreement.
3. Prix Brandstore is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
4. If Prix Brandstore is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Prix Brandstore in the fulfillment of any obligation towards the customer cannot be attributed to Prix Brandstore in a situation independent of the will of Prix Brandstore, whereby the fulfillment of its obligations towards the customer is prevented in whole or in part or whereby the fulfillment of its obligations cannot reasonably be required from Prix Brandstore.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverers or other third parties; unexpected power-, electricity- internet-, computer- and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs whereby Prix Brandstore cannot fulfill 1 or more obligations towards the customer, these obligations are suspended until Prix Brandstore can comply with them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Prix Brandstore does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Amendment of the general terms and conditions
1. Prix Brandstore is entitled to amend or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. Prix Brandstore will discuss major substantive changes with the customer as much as possible in advance.
4. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. Rights of the customer under an agreement between parties cannot be transferred to third parties without the prior written consent of Prix Brandstore.
2. This provision applies as a clause with property law effect as referred to in article 3:83, paragraph 2, Dutch Civil Code.
Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be null or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or voidable shall, in that case, be replaced by a provision that comes closest to what Prix Brandstore had in mind when drafting the conditions on that issue.
Applicable law and competent court
1. Dutch law is exclusively applicable to every agreement between parties.
2. The Dutch court in the district where Prix Brandstore is established is exclusively competent to take cognizance of any disputes between parties, unless the law prescribes otherwise.
