Terms & Conditions


Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Withdrawal period: the period during which the consumer can exercise their right of withdrawal;

Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession, and who enters into a distance contract with the trader;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period;

Trader: the natural or legal person offering products and/or services to consumers at a distance;

Distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for distance selling of products and/or services, whereby, up to and including the moment the contract is concluded, exclusive or partial use is made of one or more means of distance communication;

Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same place at the same time.

Terms and conditions: these general terms and conditions of the trader.

Article 2 – Applicability

These terms and conditions apply to every offer from the trader and to every distance contract and order concluded between the trader and the consumer. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer.

If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the terms and conditions can be viewed at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

If, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

If one or more provisions of these terms and conditions are at any time wholly or partially void or voided, the contract and these terms and conditions otherwise remain in effect, and the provision in question will be replaced without delay by mutual agreement with a provision that corresponds as closely as possible to the intent of the original.

Situations not covered by these terms and conditions must be assessed in the spirit of these terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms should be interpreted in the spirit of these terms and conditions.

Article 3 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this will be clearly stated in the offer.

The offer is non-binding. The trader has the right to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Images of products are a true representation of the products offered. The trader cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This applies in particular to:

the price, excluding clearance costs and import VAT. These additional costs will be the customer's responsibility and risk. The postal and/or courier company will apply special rules for postal and courier deliveries with regard to imports. These rules apply when goods are imported into the destination country within the EU, which is the case here. The postal and/or courier company will collect the VAT (possibly together with the clearance costs charged) from the recipient of the goods;

any shipping costs;

how the contract will be concluded and what actions are required for this;

whether the right of withdrawal applies or not;

the method of payment, delivery, and performance of the contract;

the period for accepting the offer, or the period within which the trader guarantees the price;

the cost of distance communication, if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the contract will be archived after it is concluded and, if so, how it can be consulted by the consumer;

how the consumer can check and, if necessary, correct the information they have provided in connection with the contract before it is concluded;

any languages, in addition to English, in which the contract may be concluded;

the codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, material types.

Article 4 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.

Within the limits of the law, the trader may verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request, or to attach special conditions to its execution, giving reasons for doing so.

Upon delivery of the product or service to the consumer, the trader will include the following information, in writing or in such a way that it can be stored by the consumer on a durable medium:

  1. the visiting address of the business establishment where the consumer can address complaints;
  2. the conditions under and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. information about guarantees and existing after-sales service;
  4. the information set out in Article 4, paragraph 3 of these terms, unless the trader has already provided this information to the consumer prior to the conclusion of the contract;
  5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the preceding paragraph only applies to the first delivery. Every contract is entered into subject to sufficient availability of the products concerned.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the option to withdraw from the contract without giving reasons within 14 days. The withdrawal period starts on the day after the consumer, or a representative designated by the consumer and made known to the trader in advance, has received the product.

During the withdrawal period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they must return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

When the consumer wishes to exercise their right of withdrawal, they are required to do so within 14 days of receiving the product, by notifying the trader in writing or by email. After the consumer has notified the trader that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned in time, for example by means of proof of shipment.

If the customer has not notified the trader that they wish to exercise their right of withdrawal in accordance with paragraphs 2 and 3 above within the specified periods, or has not returned the product to the trader, the purchase is binding.

Article 6 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are the consumer's responsibility. The consumer is also responsible for sending the product back to the online store's international warehouse, including any unforeseen costs that may arise, such as customs or clearance costs.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the exercise of the right of withdrawal.

This is, however, subject to the product having already been returned to the online store's owner, or sufficient proof of complete return having been provided.

Article 7 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the contract is concluded. Exclusion of the right of withdrawal is only possible for products:

  1. that have been manufactured according to the consumer's specifications;
  2. that are clearly personal in nature;
  3. that cannot be returned due to their nature;
  4. that can spoil or age quickly;
  5. whose price is linked to fluctuations in the financial market over which the trader has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software of which the seal has been broken by the consumer;
  8. for hygiene products of which the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  1. relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific day or during a specific period;
  2. whose delivery has begun with the consumer's express prior consent before the withdrawal period has expired;
  3. relating to betting and lotteries.

Article 8 – The Price

During the period of validity 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.

In deviation from the preceding paragraph, the trader may offer products or services whose prices are linked to fluctuations in the financial market over which the trader has no control, at variable prices. This link to fluctuations and the fact that any prices stated are target prices are indicated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

  1. they result from legal regulations or provisions; or
  2. the consumer has the right to terminate the contract as of the day the price increase takes effect.

The place of delivery is determined in accordance with Article 5, first paragraph, of the 1968 VAT Act, in the country where the transport begins. In this case, delivery takes place outside the EU. Accordingly, the postal or courier service will charge import VAT or customs duties to the recipient. Therefore, no VAT will be charged by the trader.

All prices are subject to printing and typing errors. No claims can be made for the consequences of printing and typing errors. In the event of printing and typing errors, the trader is not obliged to deliver the product at the incorrect price.


Article 9 – Identity of the Company

Company name: Burdeaux

Business address: Zuiderdreef 6, Bergen op Zoom, NL

info@burdeauxlife.com

Chamber of Commerce number: KVK 80740774

VAT registration number: NL003482518B51


Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time the contract is concluded. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.

A guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Returns of the products must be made in the original packaging and in new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never liable for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  1. The consumer has repaired and/or processed the delivered products themselves, or has had them repaired and/or processed by a third party;
  2. The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the trader's instructions and/or the instructions on the packaging;
  3. Defects are wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader will exercise the utmost care when receiving and executing orders for products.

The delivery address is the address that the consumer has made known to the company.

Taking into account what is stated in Article 4 of these terms and conditions, the company will execute accepted orders with reasonable speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be delivered in whole or in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.

In the event of dissolution in accordance with the preceding paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.

If delivery of an ordered product proves to be impossible, the trader will make an effort to provide a replacement product. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement product is being delivered. In the case of replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination, and Extension

Termination

The consumer may terminate a contract concluded for an indefinite period at any time, relating to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract concluded for a fixed period at any time, relating to the regular delivery of products (including electricity) or services, at the end of the fixed period, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the preceding paragraphs:

  • at any time and not be limited to termination at a specific time or during a specific period;
  • at least in the same manner in which they were entered into by them;
  • always with the same notice period as the trader has stipulated for itself.

Extension

A contract concluded for a fixed period, relating to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.

In deviation from the preceding paragraph, a contract concluded for a fixed period, relating to the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly extended for a fixed period of up to three months, if the consumer may terminate this extended contract at the end of the extension with a notice period of no more than one month.

A contract concluded for a fixed period, relating to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract relates to the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly extended and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate that termination should not take place before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the withdrawal period referred to in Article 6, paragraph 1, has commenced. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the company.

In the event of late payment by the consumer, the company has the right, subject to statutory limitations, to charge reasonable costs previously communicated to the consumer.

Article 14 – Complaints Handling

Complaints about the execution of the contract must be submitted to the company fully and clearly described within 7 days of the consumer discovering the defects.

Complaints submitted to the company will be answered within a period of 14 days from the date of receipt. If a complaint requires a longer processing time, the company will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises, which is subject to the dispute resolution procedure.

A complaint does not suspend the company's obligations, unless the company indicates otherwise in writing.

If a complaint is deemed justified by the company, the company will, at its own discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law applies exclusively to agreements between the company and the consumer to which these terms and conditions apply, even if the consumer resides abroad.

Article 16 - CESOP

Due to measures introduced and strengthened as of 2024 as a result of the "Act amending the 1968 VAT Act (Act implementing the Payment Services Directive)" and the resulting implementation of the Central Electronic System of Payment information (CESOP), payment service providers may register data in the European CESOP system.