General Terms and Conditions
1. Scope
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and business customers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business customer is any natural or legal person, or a partnership with legal capacity, who enters into a legal transaction in the exercise of their trade, business, or profession.
With respect to business customers: if the business customer uses conflicting or supplementary general terms and conditions, their applicability is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Formation of Contract, Correction Options
The purchase contract is concluded with Brewbrain B.V.
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. You may initially add products to the shopping cart without obligation and correct your entries at any time before submitting your binding order, using the correction aids provided and explained during the ordering process. By clicking the order button, you submit a binding offer for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order is submitted.
We accept your offer within two days by:
- sending a separate email with a declaration of acceptance, or
- dispatching the goods, or
- where applicable, having the payment transaction processed by our service provider or the selected payment service provider. The timing of the payment transaction depends on the payment method selected (see “Payment”).
The relevant alternative depends on which of the above events occurs first.
3. Contract Language, Storage of Contract Text
The language(s) available for concluding the contract: German, English, French, Dutch, Spanish, Italian.
We store the contract text and will send you the order data and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the internet after conclusion of the contract.
4. Delivery Terms
Shipping costs are added to the stated product prices. Details on the amount of shipping costs can be found in the individual offers.
We ship products to the delivery address provided during the order process.
We deliver by shipping only. Collection in person is unfortunately not possible.
We do not deliver to parcel stations.
If the consumer is not present at the time of delivery, the logistics partner may leave the package with a neighbour, another designated recipient, or at the logistics partner’s pick-up location. The consumer is responsible for collecting the package from the pick-up location if applicable.
5. Payment
The following payment methods are generally available in our shop:
Prepayment
If you select prepayment, we will provide our bank details in a separate email and dispatch the goods upon receipt of payment.
Mollie B.V.
Payments are processed via Mollie B.V. (www.mollie.com). Available payment methods are iDEAL, Wero, Bancontact, Apple Pay, credit card, PayPal, Pay By Bank, EPS, KBC/CBC Payment Button, Belfius Pay Button, BLIK, Swish, MB WAY, and Multibanco. The amount is charged immediately upon completion of the order. Mollie’s privacy policy applies to payment processing: https://www.mollie.com/privacy.
6. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. No voluntary right of withdrawal is granted to business customers.
7. Retention of Title
The goods remain our property until payment has been made in full.
For business customers the following also applies: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale — regardless of any combination or mixing of the reserved goods with a new item — in the amount of the invoice, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves to the extent that you fail to meet your payment obligations. We will release the securities to which we are entitled upon your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport Damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the carrier as soon as possible and contact us without delay. Failure to make a complaint or to contact us has no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or transport insurer.
9. Warranty and Guarantees
9.1 Statutory Warranty
The statutory warranty law applies.
9.2 Guarantees and Customer Service
Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on dedicated information pages in the online shop.
Customer service: For questions, complaints, and objections, you can reach our customer service on weekdays from 9:00 to 16:00 by phone at +31 850 470 852 and by email at support@brewbrain.nl.
10. Liability
For claims based on damages caused by us, our legal representatives, or agents, we are always fully liable:
- in cases of injury to life, body, or health,
- in cases of intentional or grossly negligent breach of duty,
- in cases of guarantee promises, where agreed, or
- to the extent that the scope of the Product Liability Act is applicable.
In the event of a breach of material contractual obligations — the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contracting party may regularly rely (cardinal obligations) — through slight negligence on our part, our legal representatives, or agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract that must typically be expected to occur.
In all other respects, claims for damages are excluded.
11. Code of Conduct
We have submitted to the following codes of conduct:
12. Dispute Resolution
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
The European Commission provides a platform for online dispute resolution, which can be found at: https://consumer-redress.ec.europa.eu. Consumers may use this platform to seek resolution of disputes arising from online purchases.
13. Final Provisions
If you are a business customer, Dutch law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).