Article 1 Definitions
- Brimako B.V. (hereinafter: Brimako) is a private company whose object is to develop, import and sell protective covers for vehicles and related products.
- In these General Terms and Conditions ‘Customer’ is understood to mean: the natural person or legal person or the partnership of natural and / or legal persons or the intermediary or representative acting on their behalf who uses the Services of Brimako and gives Brimako the order to provide Services such as referred to in paragraph 4 of this article.
- In these General Terms and Conditions, ‘Agreement’ is understood to mean: the legal relationship between Brimako and the Customer, all this in the broadest sense
- In these General Terms and Conditions, ‘Services’ means: all products and services supplied by Brimako and / or third parties engaged by it to the Customer, as well as all other activities of whatever nature performed by Brimako for the Customer, in the context of an assignment, including work that is not performed at the express request of the Client.
- In these General Terms and Conditions “Product” means: a product offered by Brimako on its Website.
- In these General Terms and Conditions ‘Website’ means: the Website hailsuit.eu.
Article 2 Applicability of the General Terms and Conditions
- The General Terms and Conditions apply to all Agreements concluded between the Customer and Brimako in which Brimako offers Services or delivers Products.
- Deviations from the General Terms and Conditions are only valid if expressly and in writing with Brimako.
- Applicability of the Customer’s purchasing or other conditions is expressly rejected, unless expressly agreed otherwise in writing.
- The General Terms and Conditions also apply to additional or changed orders from the Customer.
Article 3 The Agreement
- All offers on the Website are without obligation, unless expressly stated otherwise.
- The Client can place an order via the Website for the Services offered. By placing an order, the Agreement is in fact concluded.
- If Brimako sends a confirmation to the Customer, it is decisive for the content and explanation of the Agreement, subject to obvious errors.
- Brimako cannot be held to its offer if the Customer can reasonably understand that the offer, or any part thereof, contains an obvious mistake or error. If the Customer makes notes or provides responses to Brimako’s offer, they will not form part of the Agreement, unless Brimako confirms this in writing.
Article 4 Performance of the Agreement
- Brimako will endeavor to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, as well as in accordance with the written agreements as far as possible.
- Brimako undertakes to develop and deliver the Products ordered by the Customer. If the purchased Product is a protective cover for vehicles, the Customer is responsible for applying the cover to the vehicle.
- He must ensure that the vehicle is clean and free from sand, stones, or other objects that could lead to damage to the cover or the vehicle. He must also take due care when applying the cover to the vehicle.
- Brimako has the right to have certain work done by third parties.
When engaging third parties, Brimako will exercise due care and will consult with the Client in the selection of these third parties, insofar as this is reasonably possible and customary in relation to the Client. The costs of engaging these third parties are for the account of the Client, and will be charged by Brimako to the Client.
The Customer will ensure that all data, which Brimako indicates are necessary or which the Customer should reasonably understand to be necessary for the execution of the Agreement, is provided to Brimako in a timely manner.
- If the information required for the execution of the Agreement has not been provided to Brimako in a timely manner, Brimako has the right to suspend the execution of the Agreement and / or to charge the Customer the additional costs resulting from the delay at the then usual rates. bring.
The Client ensures that Brimako can provide its Services in a timely and proper manner.
- If the Client does not comply with his agreements in this regard, he is obliged to compensate the resulting damage.
Since orders are delivered both within and outside the Netherlands, Brimako does not have a fixed delivery period. If a period has been agreed or specified for the performance of Services, this is never a strict deadline.
- If a term is exceeded, the Client must give Brimako notice of default in writing. Brimako must be offered a reasonable period to still execute the Agreement.
Article 5 Amendments to the Agreement
- If during the execution of the Agreement it appears that for a proper implementation it is necessary to change or supplement it, Brimako and the Client will timely and in mutual consultation adjust the Agreement.
- If the Agreement is changed, including a supplement, this is an additional assignment. A separate agreement will be made about this additional assignment in advance. Without additional agreement, the original conditions apply, whereby the extra Services are paid at the agreed rate.
- Not or not immediately executing the amended Agreement does not constitute Brimako’s breach of contract and is no reason for the Customer to terminate or terminate the Agreement.
- Changes in the originally concluded Agreement between Brimako and Customer are only valid from the moment that these changes have been accepted by both parties through an additional or amended Agreement. This change is made in writing.
Article 6 Suspension, dissolution and early termination of the Agreement
- Brimako is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement, if the Customer does not, not fully or timely fulfill the obligations under the Agreement, or that Brimako has good reason to fear that the Customer will comply with those obligations. fall short.
- Furthermore, Brimako is authorized to dissolve the Agreement if circumstances arise which are of such a nature that fulfillment of the Agreement is impossible or unaltered maintenance of the Agreement cannot reasonably be required.
- If the Customer fails to fulfill his obligations under the Agreement and this non-fulfillment justifies termination, Brimako is entitled to dissolve the Agreement immediately and with immediate effect without any obligation on its part to pay any compensation or compensation, while the Customer of default, but compensation or compensation is required.
Article 7 Cancellation
- Cancellation of the Agreement after signing the offer or placing the order is not possible, unless the order is not yet “pending”. The status of the order can be viewed by the Customer on the Website, after logging in to his personal account.
- Cancellation must be in writing and expressly confirmed by
Cancellation can no longer take place if the order has been processed.
- When the order has been processed, this will be indicated in the status of the order on the Client’s personal account on the Website. The time when the status of the order is changed to “pending” is considered to be leading.
- In the event of full or partial cancellation, all costs incurred at that time arising from the Agreement will be charged.
Article 8 Costs, fees and payment
- All amounts stated on the Website are in euros and include VAT, unless stated otherwise. The amounts are exclusive of shipping costs, unless stated otherwise.
- Brimako has the right to correct manifest errors in the quote.
- Payment is made in one of the following ways: iDEAL, PayPal, Visa, Mastercard, Giropay, EPS or Maestro. Customer can choose one of these payment methods when ordering.
Brimako requires shipping costs for sending orders. These shipping costs depend on the destination and weight of the Products ordered, and therefore differ per order. The customer will be informed of the shipping costs when placing an order via the Website, prior to payment.
- The Customer has the obligation to immediately report any inaccuracies in the payment details stated or provided to Brimako.
- If the Client fails to pay for an order on time, the Client will be in default by operation of law, without any further notice of default being required. The Client then owes the statutory interest.
- The interest on the claimable amount will be calculated from the moment that the Customer is in default until the moment of payment of the full amount due.
If Brimako decides to collect a claim for non-payment by judicial means, the Customer is, in addition to the principal owed and the interest referred to in paragraph 6 of this article, also obliged to reimburse all reasonably incurred judicial and extrajudicial costs.
- The reimbursement of judicial and extrajudicial costs incurred will be determined in accordance with the then-applicable Decree regarding reimbursement for extrajudicial collection costs.
Article 9 Shipping and delivery
- Unless otherwise agreed in writing, shipping takes place from Eindhoven, the Netherlands.
If an order is lost or received damaged, an appropriate solution will be sought in joint consultation.
- Brimako itself determines the method of transport and packaging. Brimako may also use services from a third party for the delivery of Products.
- The delivery time of Brimako depends on the order and the destination.
- If a delivery period has been specified by Brimako, Brimako aims to deliver within this period, but this is never a guarantee.
Article 10 Return
- If the Customer is a consumer, Products that have not been opened can be returned free of charge within fourteen (14) days after receipt, without giving any reason.
- The entire amount paid by the Customer, excluding shipping costs, will be fully refunded within fourteen (14) days after receipt of the Product.
- After this period, a free return is possible if the Customer can prove that on arrival of the order damage occurred that was not caused by the Customer.
- Returning a Product packed in a ‘seal bag’ is only possible if this ‘seal bag’ has not yet been opened.
- Customer can return the Product via a self-selected postal company. The costs of return are for the account of the Customer.
Article 11 Liability
- The Client is responsible for providing correct and representative data and information that are necessary for the execution of the Agreement.
- Brimako is not liable for damage, including on the basis of an incorrect order, if the Customer has provided incorrect, unrepresentative or irrelevant information.
Although efforts will always be made to comply with delivery terms provided to the Customer, Brimako is never liable for the consequences of exceeding the said terms.
- Exceeding a term does not entitle the Client to cancel the order, or to refuse receipt or payment of the Products, nor does Brimako owe any compensation to the Client.
- Brimako is not liable for errors or omissions of third parties engaged by it. By using the Services of Brimako, the Customer grants Brimako the authority, if a third party engaged by Brimako wishes to limit its liability, to accept this limitation of liability also on behalf of the Customer.
- Brimako is not liable for indirect damage, including but not limited to consequential damage.
- Brimako is not liable for obvious mistakes or mistakes on the Website.
- Brimako is not liable for non-fulfillment or late fulfillment of the obligations arising from the Agreement, if this is caused by force majeure as referred to in Article 12.
- The Customer is responsible for the careful use and safe storage of the Products purchased by him. Brimako is not liable for damage to the Product or to the vehicle if the Customer has used or stored the Product in a manifestly incorrect manner.
- The Client indemnifies Brimako against claims from third parties, of whatever nature, related to the Services.
- If Brimako is held liable, it will only be liable for direct damage that has actually been incurred, paid or suffered by the Client due to a demonstrable breach of Brimako’s obligations with regard to its Services.
- Brimako’s liability is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if Brimako is not insured, liability is limited to the amount paid by the Customer.
- The limitation of liability as described in this article does not apply if there is intent or deliberate recklessness on the part of
This provision does not exclude liability insofar as liability may not be limited or excluded by law.
Article 12 Force majeure
- Under “force majeure” is understood: all external causes, beyond the control or control of Brimako, as a result of which timely, complete or correct fulfillment of the Agreement is no longer possible.
- Force majeure as referred to in the previous paragraph includes, but is not limited to: non-fulfillment of a third party, illness of Brimako’s staff or a third party, abnormal weather conditions, malfunctions in water and energy supplies, strikes, serious malfunctions in the systems from Brimako, fire, floods, natural disasters, riots, war or other domestic disturbances.
- In case of force majeure, compliance with the Agreement will be suspended as long as the force majeure continues.
- If the force majeure continues for more than one month, both parties are entitled to dissolve the Agreement without the intervention of a judge. In such a case, Brimako will repay any amounts paid, deducting all costs incurred by Brimako in connection with the Agreement.
Article 13 Guarantee
- Brimako offers a warranty for the Products it supplies against material and manufacturing defects.
- The guarantee means that Brimako will repair the errors to the best of its ability and replace them if necessary.
- Defects must be reported to Brimako in writing.
- The guarantee does not apply if the errors are wholly or partly the result of incorrect, inexpert, careless use, use for other than normal purposes or external causes, including but not limited to fire or water damage.
- The warranty also does not apply if the Products have been changed or maintained by third parties.
- The guarantee period is in principle six (6) months from the time of delivery, unless otherwise agreed, or unless there is an exception laid down in paragraph 5 of this article.
- Brimako does not guarantee that the Vehicle Protection Products can be used multiple times. The warranty as described in this article therefore expires after the first use of such Products by the Customer.
- If Brimako carries out repair work that falls outside the framework referred to in this article, these will be charged to the Customer. The provisions in the General Terms and Conditions with regard to the warranty do not affect the Client’s warranty claims under the law.
Article 14 Advertising
- The Customer is obliged to inspect or have inspected the delivered Product at the time of delivery, at least within the shortest possible period. In doing so, the Customer should investigate whether the quality and quantity of the delivered goods correspond with what is stipulated in the Agreement.
- Errors or inaccuracies that can be found during an initial inspection, taking into account the requirements of reasonableness and fairness, must be reported in writing to Brimako within fourteen (14) working days after receipt of the Services, with proof of purchase being provided, unless this is impossible. or is unreasonably onerous.
- Other complaints, including complaints that could not be detected during an initial inspection, must be reported in writing to Brimako within one (1) month at the latest, in accordance with the provisions of paragraph 2.
Article 15 Confidentiality of data
Each party warrants that all information received from the other party that is known or should be known to be of a confidential nature will remain secret. The party receiving confidential information will only use it for the purpose for which it was provided. In any case, data is considered confidential if it is designated as such by one of the parties. Brimako cannot be held to this if the provision of data to a third party is necessary due to a court decision, a statutory regulation or for the correct execution of the agreement.
Article 16 Intellectual property
- Brimako reserves the rights and powers vested in it under the Copyright Act.
The Client guarantees that no third-party rights oppose the provision of data to Brimako.
- Customer will indemnify Brimako against any action based on the claim that making available, using, editing, installing or incorporating violates any third party right.
Article 17 Complaints procedure
If the Client has a complaint, the Client must send this in writing to email@example.com or report it by telephone via 0031+ 413 35 76 79
Article 18 Brimako identity
- Brimako is registered with the Chamber of Commerce under number 72516941 and carries the VAT identification number Brimako is located at Weegaalstraat 3 (5632 CW) in Eindhoven.
- Brimako can be reached by e-mail at firstname.lastname@example.org or via the Website hailsuit.eu and by telephone at (NL) 0413-357679.
Article 19 Applicable law and competent court
Dutch law applies to the legal relationship between Brimako and its Client.
All disputes that may arise between Brimako and the Client will be settled by the competent court of the District of East Brabant, seat Eindhoven.