TABLE OF CONTENTS
Article 1 – DEFINITIONS
Article 2 – APPLICABILITY
Article 3 – QUOTATIONS
Article 4 – PURCHASE AGREEMENT
Article 5 – CHANGE TO THE ORDER
Article 6 – PRICE 
Article 7 – RIGHT OF WITHDRAWAL
Article 8 – COSTS OF WITHDRAWAL
Article 9 – PAYMENT
Article 10 – DELIVERY
Article 11 – WARRANTY
Article 12 – LIABILITY
Article 13 – FORCE MAJEURE
Article 14 – CANCELLATION BY THE CLIENT
Article 15 – INTELLECTUAL PROPERTY
Article 16 – COMPLAINTS, DISPUTES AND OTHER PROVISIONS

Article 1 – Definitions 
The following terms have the following meanings in these general terms and conditions:

Contractor: the natural or legal person acting within the scope of their business activity (the production of luxury leather handbags and accessories), with the following identity:

BRANMARK the Netherlands
Mailing address: Provincialeweg 7A
5827AA Vortum-Mullem
Email address: [email protected]
Telephone number: +31 6 11076277
Chamber of Commerce number: 68892195

Client: any counterparty who enters into a distance agreement with the contractor or to whom the contractor has submitted an offer to which these general terms and conditions apply.

Purchase Agreement: the formation of an agreement in which the client agrees to provide payment and the contractor agrees to deliver a product in return.

Distance Purchase: a purchase agreement concluded between the contractor and the client within the framework of an organized system for remote sales or services, without the simultaneous physical presence of both parties, and exclusively using one or more means of distance communication.

General Terms and Conditions: these present General Terms and Conditions of the contractor.

Right of Withdrawal: the option for the client to withdraw from the distance agreement within the reflection period in the case of a standard product.

Reflection Period: the period within which the client can exercise the right of withdrawal in the case of a standard product.

Parties: the client and the contractor.

Offer: the products offered for sale by the contractor to the client.

Purchase: the product purchased by the client from the contractor through the purchase agreement.

Day: calendar day.

Article 2 – APPLICABILITY

2.2 Before concluding the purchase agreement, the general terms and conditions will be made available to the client in such a way that they can be saved by the client.

2.2 Voor het sluiten van de koopovereenkomst worden de algemene voorwaarden beschikbaar gesteld aan de
opdrachtgever op dusdanige wijze dat deze opgeslagen kunnen worden door de opdrachtgever.

2.3 If additional or deviating terms and conditions apply to the purchase agreement, these will be provided to the client in the same manner. In the event that specific product terms and conditions apply in addition to these general terms and conditions, the client may always invoke the applicable provision that is most favorable to them in the event of conflicting terms and conditions.

2.4 If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the remainder of these general terms and conditions shall remain fully applicable. The contractor and the client shall then enter into consultations to agree on new provisions to replace the null and void or annulled provisions, whereby the purpose and scope of the original provisions shall be taken into account as much as possible.

2.5 If the Contractor does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the Contractor in any way loses the right to demand strict compliance with the provisions of these conditions in other cases.

Article 3 – Quotations

3.1 All quotes and price estimates made by or on behalf of the contractor, whether verbal or written, are non-binding. The contractor may modify and adjust the offer. "Quotes" also include any appendices.

3.2 In the case of composite prices, there is no obligation to deliver a part for a corresponding part of the price stated for the whole.

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

3.4 The quotation contains a full description of the products offered. If the contractor uses images, these must be a true representation of the products offered. Obvious errors or mistakes in the quotation are not binding on the contractor.

3.5 Each quotation contains such information that it is clear to the client what rights and obligations are attached to the acceptance of an offer. This concerns in particular:
· the price including taxes;
· any delivery costs;
· the manner in which the agreement will be concluded and the actions required for this;
· the method of payment, delivery or performance of the agreement.

Article 4 – PURCHASE AGREEMENT

4.1 The distance purchase agreement is concluded through an offer by the contractor and acceptance of this offer by the client.

4.2 The offer is described fully and truthfully by the contractor, including the associated conditions.

4.3 The contractor shall inform the client of his rights and obligations associated with accepting the offer.

4.4 The contractor shall state clearly and legibly in the offer, and at the latest at the start of the ordering process, whether any restrictions apply to delivery and which payment methods are accepted.

4.5 When concluding the agreement, the contractor shall provide the client with the following information in a clear and comprehensible manner:
a) the identity, postal and visiting addresses, telephone number, and e-mail address of the
contractor;
b) the main characteristics of the purchase;
c) the price of the purchase, including all taxes and any delivery costs;
d) the method of payment, delivery and performance, and the associated terms and any costs;
e) the contractor's complaint handling policy;
f) if the client has a right of withdrawal, the conditions and the time limit for exercising that right,
where applicable, the method of returning the purchase, and where applicable, the reimbursement of costs;
g) if the client does not have a right of withdrawal, the information that the client does not have a right of withdrawal or, where applicable, the circumstances in which the client waives his right
to revocation;
h) a reminder of the existence of the legal guarantee that the purchase must comply with the contract, and any assistance provided to the client after purchase;
i) where applicable, the existence of and the conditions for financial guarantees that the client must provide
at the request of the contractor.

4.6 If the agreement is concluded electronically, the contractor will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the client can pay electronically, the contractor will take appropriate security measures.

4.7 Each agreement is entered into under the condition precedent of sufficient availability of
the products or raw materials in question.

Article 5 – CHANGE TO THE ORDER

5.1 Changes to the original order by or on behalf of the client that result in higher costs than anticipated in the quote will be charged extra. Changes to the order that result in lower costs do not justify charging a lower amount than agreed upon.

5.2 Changes to an order already placed may result in the originally agreed delivery time being exceeded.

Article 6 – PRICE

6.1 The stated prices for the products and services offered are in euros, including VAT and excluding
handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.

6.2 The contractor is not authorized to increase the agreed price immediately after the conclusion of the agreement, unless the client is authorized to terminate the agreement in the event of a price change.

6.3 Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

6.4 All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the Contractor is not obligated to deliver the product at the incorrect price.

Article 7 – RIGHT OF WITHDRAWAL

7.1 Only when purchasing standard products does the customer have the right to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the customer receives the product.

7.2 The cooling-off period commences on the day after the customer has received the product.

7.3 If the purchase consists of multiple products, the cooling-off period commences on the day after the customer has received the last product.

7.4 If the product is delivered in multiple shipments, the cooling-off period commences on the day after the customer receives the last shipment.

7.5 The above shall not affect the validity of the product if it is received by a third party designated by the client.

7.6 If the customer wishes to exercise their right of withdrawal, they are obligated to notify the contractor of this by email ([email protected]) within 14 days of receiving the product. After the customer has indicated that they wish to exercise their right of withdrawal, they must return the product in good condition within 14 days. The customer must prove that the delivered goods were returned on time. If the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the contractor within the periods stated in paragraphs 2, 3, and 4, the purchase is final.

7.7 During the cooling-off period, the client will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories and – if possible – in its original condition and packaging to the contractor.

7.8 The right of withdrawal does not apply in the following cases, provided that the contractor has clearly informed the client before
concluding the contract that the right of withdrawal is excluded:
a) contracts for the purchase price of which is subject to fluctuations on the financial market
over which the contractor has no influence and which may occur within the withdrawal period;
b) contracts for the supply of products that have been manufactured based on the client’s choice or are clearly intended for the specific client;
c) contracts for the supply of products which cannot be returned for reasons of health or hygiene and whose seal has been broken after delivery;
d) contracts for the supply of products which, according to their nature, are inseparably mixed with other items after delivery.

7.9 If the client exercises the right of withdrawal within the cooling-off period and has informed the contractor of this by e-mail, the agreement between the parties will be dissolved.

Article 8 – Cancellation costs (only applicable to standard products)

8.1 If the customer exercises his right of withdrawal, only the costs of return will be at his expense.

8.2 The Contractor shall reimburse without delay, but within 14 days of receipt of the amount referred to in Article 7.6,
all payments received from the Client, including delivery costs in proportion to the part of the Agreement that is terminated, using the same payment method as the Client used to pay for the purchase, unless the Client has expressly agreed to another free of charge payment method. If, upon concluding the Agreement, the Client has opted for a delivery method other than the cheapest delivery chosen by the Contractor, the Contractor is not obliged to reimburse the additional costs for this delivery method.

8.3 If the product is damaged due to careless handling by the client, the client is liable for any decrease in value of the product.

Article 9 – PAYMENT

9.1 The client can pay at different times: a. Immediately; b. Afterwards: within 14 days after the start
of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the
agreement. The contractor will send the client an invoice stating the price owed.
When entering into the agreement, the contractor is entitled to request a down payment from the client of up to 50% of the purchase price.

9.2 Until the deposit has been paid by the client, the client cannot assert any rights with regard to the performance of the agreement.

9.3 If the client fails to meet their payment obligation or fails to do so in a timely manner, with payment terms being considered strict deadlines, the client is legally in default. If the client still fails to make payment after being given a further 14 days to complete the payment, the client will owe statutory interest on the outstanding amount, and the contractor may charge the client for any extrajudicial collection costs incurred.

9.4 All costs, both judicial and extrajudicial, relating to the collection of amounts owed by the client and not paid on time, shall be borne by the client.

9.5 The Contractor may request security for payment before delivery of the product and suspend the order if this security cannot be provided.

9.6 Ownership of goods and rights will only be transferred to the client on the day on which the client has made the payment due.

Article 10 – DELIVERY 

10.1 The contractor will ensure that the purchase is delivered with care to the location specified by the client as the delivery address. The contractor will not be liable if this address proves to be incorrect.

10.2 The risk associated with delivery rests with the contractor until the moment of delivery to the client or a third party designated by the client, unless expressly agreed otherwise.

10.3 The client must ensure that delivery can take place on time.

10.4 Delivery will take place without delay, but within 8 to 12 weeks after the conclusion of the agreement, unless a different delivery time has been agreed and/or stated in the offer. The delivery time is indicative; the client cannot derive any rights from it. Exceeding this term does not entitle the client to compensation. If, due to unforeseen circumstances, the item cannot be delivered within this period, the contractor will notify the client in writing.

10.5 If the agreed delivery time is exceeded, the client is entitled to cancel the agreement without cost. The client may indicate that a replacement item is also an option. The Contractor will then deliver a replacement product.

10.6 In the event of termination in accordance with the previous paragraph, and the purchase price has already been paid in whole or in part by the client, the contractor shall refund the paid amount without delay, but no later than 14 days after termination.

10.7 Delivery of products abroad may take longer than delivery within the Netherlands. The costs charged for shipping to an address abroad will be communicated to the client in advance.

10.8 If delivery of an ordered product proves impossible, the contractor will endeavor to provide a replacement item. The client will be notified of this before delivery. For replacement items, the right of withdrawal can only be excluded for standard products. The costs of any return shipment are borne by the contractor.

10.9 The risk of damage and/or loss of products during transport rests with the carrier.

Article 11 – Warranty 

11.1 The contractor ensures that every purchase meets the specifications of the offer and the reasonable requirements for normal use.

11.2 Any seller's or manufacturer's warranty provided by the contractor to the client does not affect the scope of the statutory warranty.

11.3 The above-mentioned guarantees do not apply in the event of normal wear and tear or damage caused by culpable unskilled use or negligence in the maintenance of the purchase by the customer.

11.4 Any defects or incorrectly delivered products must be reported to the contractor in writing within one week of delivery. Products must be returned in their original packaging and in new condition.

11.5 The warranty does not apply if:
• The client has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or have been treated carelessly or are in conflict with the instructions of the contractor.

Article 12 – Liability 

12.1 The Contractor points out that the contents of the webshop have been compiled with the greatest care. If items delivered by the Contractor are defective, the Contractor’s liability is limited to what is covered under the warranty.

12.2 If the contractor has delivered a defective product or service and is held liable for consequential damage, liability will be limited to repair or replacement of the product, or refund of the purchase price.

12.3 The Contractor shall not be liable for:
a. misunderstandings, errors or shortcomings with regard to the performance of the agreement if these are caused by actions of the client, such as the late or non-delivery of complete, proper and clear data;
b. weather conditions as a result of which products do not correspond to the quotation;
c. defects in quotations from suppliers or for exceeding supplier price quotes;
d. the availability of materials;
d. the contractor shall not bear any (other) liability for services provided by third parties, such as shipping companies.

12.4 The Contractor shall be liable exclusively for direct damages attributable to him. Direct damages shall be understood to mean only:
a. reasonable costs incurred to determine the cause and extent of the damages, insofar as the determination relates to damages within the meaning of these terms and conditions;
b. any reasonable costs necessary to ensure that the Contractor's defective performance complies with the agreement, provided the Contractor has been given sufficient opportunity to remedy a defect;
c. reasonable costs incurred to prevent or limit damages, insofar as the Client demonstrates that these costs have led to a limitation of the direct damages as referred to in these general terms and conditions.

12.5 The contractor's liability for any damage other than that mentioned above, such as indirect damage, including consequential damage, lost profits, mutilated or lost materials, or damage due to business stagnation, is excluded.

12.6 The contractor's liability for damages arising from an agreement or from an unlawful act committed against the Client is limited to the invoice amount relating to the completed portion of the assignment. This amount is always limited to the amount paid to the Contractor by the insurer in the relevant case.

12.7 Any liability shall lapse after one year from the moment the assignment is completed.

Article 13 – Force Majeure

13.1 The Contractor shall not be obliged to fulfil any obligation towards the Client if it is prevented from doing so as a result of a circumstance that is not attributable to its fault, and for which it is not responsible under the law, a legal act or generally accepted views. Force majeure in these general terms and conditions shall be understood to mean, in addition to what is understood in law and case law, all external causes, whether foreseen or unforeseen, over which the Contractor has no influence, but which prevent the Contractor from fulfilling its obligations. This includes illness in the company of the Contractor or of third parties. The Contractor also has the right to invoke force majeure if the circumstance that prevents (further) performance of the agreement occurs after the Contractor should have fulfilled its obligation.

13.2 The Contractor may suspend its obligations under the agreement during the period of force majeure. If this period lasts longer than two months, either party is entitled to terminate the agreement without any obligation to compensate the other party for damages.

13.3 If, at the time force majeure occurs, the Contractor has already partially fulfilled its obligations under the Agreement or will be able to fulfill them, and the part fulfilled or yet to be fulfilled has independent value, the Contractor is entitled to invoice separately for the part already fulfilled or yet to be fulfilled. The Client is obliged to pay this invoice as if it were a separate Agreement.

Article 14 – Cancellation by the client

If the client cancels the order in whole or in part, he is obliged to reimburse the contractor for all costs reasonably incurred for the
execution of this order.

Article 15 – Intellectual property

15.1 All intellectual property rights relating to the custom-made bags and accessories, including but not limited to designs, sketches, patterns, models, photographs, texts, trade names, logos and other materials created or used by the contractor in the context of the execution of the agreement, belong exclusively to the contractor.

15.2 The client only obtains the right to use the delivered product for personal use. No intellectual property rights are transferred unless expressly agreed otherwise in writing.

15.3 The client is not permitted to reproduce, publish, copy, modify, resell or otherwise commercially exploit the custom-made bags or the designs thereof without prior written permission from the contractor.

15.4 In the event of infringement of the Contractor's intellectual property rights, the Contractor reserves the right to take legal action and claim full damages.

15.5 If the client provides specific requests or materials for personalizing the bag, the client guarantees that this will not infringe on the rights of third parties. The client indemnifies the contractor against all third-party claims in this regard.

Article 16 – Complaints, disputes and other provisions

16.1 Complaints about the performance of the agreement must be communicated to the contractor within 14 days, failing which the client is deemed to have fully accepted the product.

16.2 Complaints submitted to the contractor will be answered as quickly as possible, but no later than within 14 days.
If a complaint requires a longer processing time, the contractor will provide an indication within 14 days of when the client can expect a more detailed answer.

16.3 If a defect is reported later, the client will no longer be entitled to repair, replacement or compensation.

16.4 Complaints, questions or comments can be made known via: [email protected].

16.5 If a complaint is found to be justified and the contractor has notified the complaint in a timely manner, the contractor will replace or repair the product.

16.6 Dutch law applies to every agreement between the parties.

16.7 The Contractor processes data. A Privacy Statement is published on the Contractor's website.

16.8 The version of the general terms and conditions that applied at the time the agreement with the contractor was concluded always applies.