Terms and Conditions
Brink Light is a trademark of Brink Nederland BV. Therefore offers from Brink Light are made by Brink Nederland BV, in the following reffered to as "Brink Light".
The electronic catalog provides the following information:
- Description of the main characteristics of the proposed products.
- Information regarding the arrangements for payment, delivery or performance.
- Existence of a right of withdrawal.
- The period for which the offer and the price remain valid.
All information displayed on the www.brinklight.com (hereinafter referred to as the "Site") is presented in English.
The customer acknowledges, before placing the order, that he has read all the information aforementioned and the General Terms of Sale.
The purpose of these General Terms of Sale is to define the rights and obligations of the parties in the context of on-line selling of products proposed in this e-shop by Brink Light.
2. Area of the offer
The geographical area covered by the offer made by Brink Light is the following:
Outside Europe: South Africa, Andorra, Saudi Arabia, Argentina, Australia, Bahamas, Cameroon, Canada, China, South Korea, Ivory Coast, Egypt, United Arab Emirates, U.S.A., Guadeloupe, French Guyana, Hong Kong, Hungary, Indonesia, Island, Israel, Japan, Jordan, Kuwait, Lebanon, Liechtenstein, Morocco, Martinique, Mexico, Norway, New Caledonia, New Zealand, Poland, Czech Republic, Reunion, Russia, Saint Barthélémy, Saint Martin, Senegal, Singapore, Slovakia, Switzerland, Tahiti, Taiwan, Thailand, Turkey, Venezuela.
3. Contractual documents
This Agreement is made up of the following documents, in decreasing hierarchical legal value:
- the General Terms of Sale
- the order form
The photographs of the products on the Site are not contractual. Brink Light shall not be liable in case of errors or alterations resulting from the processing of these photographs.
4. Order taking
Any order form signed by the customer can not be challenged.
5. Confirmation of the order
The contract shall only be effective upon Brink Light's confirmation of the order.
The customer will receive an acknowledgement of receipt by fax, mail or e-mail to confirm the order including all elements (such as list of ordered products, price, date of delivery, shipping costs,….)
Brink Light reserves its right not to confirm the order for any reason whatsoever, in particular for any problem of products procurement or any problem concerning the received order.
6-Term of the offer
The offers proposed on the Site shall be valid as long as the products related there to are on line and while stock last.
7. Price - Invoice
Prices are indicated in Euros . The amounts indicated in Pounds, US dollars or in any other currency are only indicative. The exact amount will be calculated in accordance with the current rate of the dollar or of the other concerned currency at the time of the payment.
The purchaser is guaranteed the price posted on the Site at the time of purchase.
The price fixed at the time of purchase is firm and does not include the shipping costs which are extra. Said costs will be indicated in the confirmation of the order.
For a delivery inside the EU, the prices include the VAT applicable at the date of the order. Prices are inclusive of VAT. Neither customs duties nor VAT shall be due for a delivery inside the EU. Any variation of the VAT applicable rate may affects the sale price of the products of the catalog.
In the event of delivery outside the EU, the customer will have to pay for customs duties or VAT or any other taxes due to the import of products in the country of delivery. The customer is also solely responsible for the formalities related thereto unless otherwise specified. The customer is solely responsible for checking whether the products ordered can be imported under domestic law in the country of delivery.
The invoice will be issued by Brink Nederland BV. The customer shall indicate the address where the invoice is to be sent.
The price is payable upon placement of the order. The customer undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the Site and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent. The customer shall pay for his order : - by credit card as proposed on the Site. When approving the order form, the customer warrants Brink Light that he has all authority needed to use such a method of payment by credit card. - by cheque payable to Brink Light. Failing receipt of the cheque ten (10) days from the confirmation of the order by Brink Light or in case of rejection by the bank, Brink Light is entitled to cancel the order.
The price is payable upon placement of the order.
The customer undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the Site and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent.
The customer shall pay for his order
• By credit card as proposed on the Site.
When approving the order form, the customer warrants Brink Light that he has all authority needed to use such a method of payment by credit card.
9. Non payment - Retention of title
Title to the ordered products shall pass to Brink Light upon full and definitive payment pursuant to the Act dated May 12, 1980. Brink Light reserves its right to claim the return of the ordered products in case of non payment.
Under those circumstances, and upon Brink Light's request, the customer shall return any product for which the payment has not occurred. The customer shall pay for any costs in connection therewith.
10. Transfer of risks
Risks of loss shall pass to the customer upon delivery of the product to the carrier by Brink Light. Products transportation are at the customer's own risk, even if they are shipped or returned carriage free.If the product is damaged or destroyed during the customer's custody, this latter will bear all the consequences thereof.
11-Fulfillment of the order
The order will be fulfilled within the agreed upon period and confirmed by Brink Light at the time of the confirmation of the order. In any case, the order will be fulfilled within 40 days following the confirmation of the order at the latest, subject to the limit of available stock and unless otherwise agreed.
If the product ordered is not available or is out of stock, Brink Light undertakes to inform the customer as soon as possible and to indicate a replenishment time.
The customer may, at its option, wait for the availability of the product or obtain a refund and shall inform Brink Light by e-mail.
Delivery shall be Brink Light deemed to have been made when the products are delivered to the carrier.
The delivery note given by the carrier, dated and signed by the customer upon delivery will constitute an evidence with regard to transport and delivery.
The customer shall check the content, the conformity and the condition of the product(s) on delivery thereof.
In the event of delays, damages, total or partial losses, or any problem whatsoever, the customer shall be responsible for exercising all claims against the carrier. Brink Light shall never be held liable for any reason whatsoever.
Therefore, Brink Light advises the customer to check the condition of the products upon delivery and before signing the acknowledgement of receipt of the parcel.
If the customer notes any damage he shall reject the products or issue handwritten, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the products. A copy shall be sent to Brink Light.
13. Absolute necessity
It is expressly understood that are considered as cases of force majeure, in addition to those which are usually retained by the case law in The Netherlands,
- total or partial strikes, interruption of transport facilities or of procurement for any reason whatsoever, legal or governmental restrictions, computer breakdown, interruption of telecommunications including communication networks and especially internet.
Should a case of force majeure occurs, the fulfillment of the order will in a first step be suspended.
If after a three (3) months period, the parties ascertain the continuance of said case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
14. Collection of the goods in the event of the customer's absence
In the event of the customer's absence at the time of the delivery, the carrier will leave a delivery notice at the delivery address given by the customer. The products shall be collected at the address indicated by the carrier and according to the carrier's instructions.
If after the period indicated by the carrier, the customer has not collected the products, the products will be returned to Brink Light which reserves its right to refund to the customer the price of the products, the postage costs remaining payable by the customer.
Claims related to the non conformity of the delivered product(s) with the order shall be made in writing directly to Brink Light and immediately upon receipt of said product(s). The customer must keep the packaging and the delivery note.
In case of an error, the customers undertakes to return said product within seven (7) days from its receipt provided that the product is returned to Brink Light, without opening the packaging, in its original condition and packaging, together with all the associated documents.
Once Brink Light has received the product in due form, it will, at its expenses, send the product initially ordered by the customer.
In order to avoid any trouble, products are verified by Brink Light before their shipment. However, the customer shall be entitled, for all defective products, to a one year contractual warranty as from the date delivery subject to compliance with the recommendations set forth in the user documentation and the directions for use enclosed with the products.
In any case the statutory warranty against hidden defects provided for under the Dutch Civil Code shall be enforceable.
The customer is entitled to an extended warranty for certain products. In that case, conditions and term of the warranty are defined in the warranty certificate delivered with the product. Said warranty does not cover damages or dysfunctions due to non compliance with directions for use of the product.
To implement the warranty, the customer shall return the product at its expenses to Brink Light, with the original invoice.
Brink Light undertakes to return an identical product at its expenses, except in case of stock out or a withdrawal of the concerned product from the range proposed by Brink Light. In this latter case, Brink Light will refund the customer.
17. Personal informations
The personal information requested from and related to the customer is essential to process and ship his order, to issue invoices and to draft warranty agreements, as the case may be. This information may be provided to the suppliers of Brink Light.
18. Electronic signature
The "approval click" constitutes an electronic signature. Between the parties this electronic signature has the same legal value as a handwritten signature.
Computer-based registers, recorded in the computer system of Brink Light in reasonable conditions of security shall be deemed to be the evidence of the communications, orders and payments that have occurred between the parties.
Order forms and invoices are stored on a reliable and permanent medium so as to constitute a mean of evidence.
20. Intellectual property
Brink Light owns the intellectual property right upon the Site and the right to display the elements of the catalog, in particular the photographs for which it has obtained the necessary authorizations from the concerned persons.
Consequently, total or partial reproduction of the elements contained in the Site or the catalog on any medium whatsoever, the use of such elements and the fact to make them available to third parties are strictly prohibited.
21- Entire agreement
These General Terms of Sale represent all obligations of the parties. No other general or special term and conditions communicated by the customer shall neither be included in, nor depart from these General Terms.
22. Non renunciation
Any one or more failure by Brink Light to enforce any provision of this Agreement or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.
Should one or several clauses of these General Terms be considered as being non valid or is declared to be so in accordance with an act, a rule or pursuant to definitive ruling of a competent court, the remaining clauses will remain valid.
This Agreement is governed by the Dutch Law, for both the substantive and procedural rules.
THE PARTIES AGREE THAT, IN THE EVENT OF A DISPUTE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT FOLLOWING OR IN APPLICATION OF THIS AGREEMENT, AND IF NO AMICABLE SETTLEMENTS WERE REACHED, THE COMPETENT JURISDICTION WILL BE THE COURTS OF THE REGISTERED OFFICE OF BRINK NEDERLAND BV, NOTWITHSTANDING THE CASE OF PLURALITY OF DEFENDANTS, OR EMERGENCY PROCEDURE.