General Terms and Conditions
1. About us and these Terms and Conditions
- 1.1. About us and these terms and conditions My Brand is a company registered in The Netherlands under number 3713543 You may call us on +31-)0)20-2103646 or call our reception on +31-(0)20-6137363 both telephone numbers are open to receive calls everyday between 9 am and 6 pm.
- 1.2 These Terms and Conditions govern the supply by us of any Product ordered by you on www.my-brand.com. By ordering a Product, you agree to be legally bound by these Terms and Conditions.
1.3 In these Terms and Conditions:
- a) “Account” means the account that you will need to register for on the site if you would like to submit an order on the site;
- b) “Acknowledgement” means our acknowledgement of your order by email;
- c) “Breach of Duty” has the meaning given to it in clause 9.9(b) of these terms and conditions;
- d) “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in The Netherlands.
- e) “Confirmation of Order” means our email to you in which we accept your order in accordance with clause 4.10 below;
- f) “Contract” means your order of a product or products in accordance with these terms and conditions which we accept in accordance with clause 4.10 below;
- g) “Customer” means individual who places an order on the site;
- h) “Liability” has the meaning given to it in clause 9.9(a) of these terms and conditions;
- i)“Order” means the order submitted by you to the site to purchase a product from us;
- j)“you” means the customer who places an order;
- k) references to “clauses” are to clauses of these terms and conditions;
- l) headings are for ease of reference only and shall not affect the interpretation or construction of the terms and conditions;
- m) words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- n) references to “includes” or “including” or like words or expressions shall mean without limitation.
- 1.4 You can read our Terms and Conditions at any time on www.my-brand.com.
- 1.5 These terms and conditions are our copyrighted intellectual property. Use by third parties – even of extracts – for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.
2. The Customer’s Account
- 2.1 For you to be able to Order Products on www.my-brand.com you must have a registered Account. You only have the right to register one (1) Account on www.my-brand.com. We reserve the right to delete duplicate Accounts and deny any Customers who do not comply with our Terms and Conditions the right to use their Account. We may also edit or delete these Accounts as part of our virtual householder’s rights. With your Account you have access to www.my-brand.com.
- 2.2 When you register an Account, you will be asked to state some personal details. If you do not state this information, we will not register an Account and you will not be able to Order Products on My Brand. We will notify you by e-mail when your registration is completed.
- 2.3 We are not obliged to accept all registration requests or all Orders, even when placed by registered Customers nor are we obliged to keep a consistent range of Products or keep any Products available permanently. This clause does not affect Orders that have already been placed.
- 2.4 By registering on or placing an Order through My Brand you warrant that: a) you are at least 18 years old.
- 2.6 You are responsible for keeping your personal log-in information secure and confidential.
- 2.7 You are solely responsible for all information you enter into any accessible areas (e.g. blogs). No entries may encroach upon third party rights. We are not obliged to save or publish your entries e.g. Product reviews.
- 2.8 You are to refrain from any disruption of the Websites and the use of any accessible information outside its intended use on our platform. Any manipulation of our Websites with a view to fraudulently obtain money or any other advantage at a disadvantage to My Brand or any other users will result in legal action and a loss of access to the Websites. Our Accounts, product range and stock levels are intended for Consumers.
- 3.1 These terms and conditions shall apply to all orders and contracts made or to be made by us for the sale and supply of products. When you submit an order to us, give any delivery instruction or accept delivery of the products, this shall in any event constitute your unqualified acceptance of these terms and conditions. Nothing in these terms and conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
- 3.2 These terms and conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
- 3.3 No other terms or changes to the terms and conditions shall be binding unless agreed in writing signed by us.
4. How a Contract is formed
- 4.1 When making an order, you must register for an account on the Websites as detailed in clause 2, and you must follow the instructions on the Websites as to how to make your order and for making changes to your prospective order before you submit it to the Websites.
- 4.2 Irrespective of any previous price you have seen or heard, once you select a product that you wish to order, you will then be shown or told (on the Websites) the charges you must pay and any applicable delivery charges. All prices include VAT. Unless otherwise stipulated on the site, all charges are in the currency then in force in the The Netherlands. Subject to clause 4.12 below, this is the total that you will pay for receipt of the ordered product.
- 4.3 You shall pay for the product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
- 4.4 If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
- 4.5 You undertake that all details you provide to us for the purpose of purchasing the product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.
- 4.6 When you submit an order to the site, you agree that you do so subject to these terms and conditions current at the date you submit your order. You are responsible for reviewing the latest terms and conditions each time you submit your order.
- 4.7 You agree that you will receive invoices and credit notes exclusively in electronic form.
- 4.8 Your order remains valid as an offer until we issue our confirmation of order or, if earlier, when we receive your notice revoking your Order.
- 4.9 We shall not be obliged to supply the product to you until we have accepted your order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your order by us is purely for information purposes and does not constitute the confirmation of order. In that acknowledgement, we may give you an order reference number and details of the product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies or we may offer you an alternative product (in which case we may require you to re-submit your order first).
- 4.10 A contract shall be formed and we shall be legally bound to supply the product to you when we accept your order. Acceptance shall take place when we expressly accept your order by email to you, in the form of a document called a “confirmation of order” stating that we are accepting your order. Our confirmation of order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your order. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If we or you have cancelled your order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the product.
- 4.11 If you discover that you have made a mistake with your order after you have submitted it to My Brand, please contact us contact email@example.com immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
- 4.12 We try very hard to ensure that the price given to you is accurate, but the price of your order will need to be validated by us as part of our acceptance procedure. If the price for the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
- 4.13 A contract will relate only to those products whose dispatch we have confirmed in the confirmation of order. We will not be obliged to supply any other products which may have been part of your order until we have sent a confirmation of order in relation to those products.
- 4.14 You may only submit to us or our agents or the websites information which is accurate and not misleading and you must keep it up to date and inform us of changes.
- 5.1 We offer payment by credit or debit card (VISA, Master Card, American Express) and Paypal. However, we reserve the right to offer less than our full range of payment options.
- 5.2 Invoices, order breakdowns and vouchers shall be provided in electronic form only.
- 5.3 If you pay by card, your card will be charged on the date your Order is dispatched.
6. Cancellation by us
- 6.1 We may cancel a contract if the product is not available for any reason. If this is the case, we will notify you and return any payment that you have made.
- 6.2 We will usually refund any money received from you, using the same method originally used by you to pay for the product.
7. Faulty Products
- b) the product will conform with the manufacturer's latest published instructions as set out on the website or in our product material at the time of your order.
- a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
- b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
- c) been dealt with or used contrary to our or the manufacturer's instructions for the product; or
- d) deteriorated through normal wear and tear, After delivery by us, we may at our discretion decide not to repair, replace or refund you for the product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
8. Circumstances beyond our control
- 8.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a contract attributable to any cause beyond our reasonable control, including without limitation any act of God, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
- 8.2 Either you or we may terminate a contract forthwith by written notice to the other in the event that the event of force majeure lasts for a period of two business days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by you and not delivered).
- 8.3 If we have contracted to provide identical or similar products to more than one customer and are prevented from fully meeting our obligations to you by reason of an event of force majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
9. Limitation of Liability
9.1 This clause 9 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
- a) the performance, non-performance, purported performance or delay in performance of these terms and conditions or a contract or the site (or any part of it or them); or
- b) otherwise in relation to these terms and conditions or the entering into or performance of these terms and conditions.
9.2 Nothing in these terms and conditions shall exclude or limit:
- a) our Liability for (i) fraud; (ii) death or personal injury caused by our breach of duty; (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other liability which cannot be excluded or limited by applicable law; or
- b) your statutory rights as a consumer.
- 9.3 In performing any obligation under these terms and conditions, our only duty is to exercise reasonable care and skill.
9.4 Subject to clause 9.2:
- a) we do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the site; and we exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
- b) you should not rely on any information accessed using the site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
- 9.5 Save as provided in clauses 9.2, we do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these terms and conditions.
9.6 Save as provided in clause 9.2, we shall have no liability for:
- a) loss of revenue;
- b) loss of actual or anticipated profits;
- c) loss of contracts;
- d) loss of the use of money;
- e) loss of anticipated savings;
- f) loss of business;
- g) loss of operation time;
- h) loss of opportunity;
- i) loss of goodwill;
- j) loss of reputation;
- k) loss of, damage to or corruption of data; or
- l) any indirect or consequential loss;and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, clauses 9.6(a) to 9.6(l) apply whether such losses are direct, indirect, consequential or otherwise.
9.7 Save as provided in clause 9.2:
- a) our total liability under any contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) £100; or ii) 110% of the value of the relevant contract under which the cause of action arises; and
- b) our total liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of: i) £100; or ii) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
- 9.8 The limitation of liability under clause 9.7 has effect in relation both to any liability expressly provided for under these terms and conditions and to any liability arising by reason of the invalidity or unenforceability of any term of these terms and conditions.
9.9 In these terms and conditions:
- a) “Liability” means liability in or for breach of contract, breach of duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these terms and conditions, including, without limitation, liability expressly provided for under these terms and conditions or arising by reason of the invalidity or unenforceability of any term of these terms and conditions (and for the purposes of this definition, all references to “these terms and conditions” shall be deemed to include any collateral contract); and
- b) “Breach of duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
10. Default, Winding Up
10.1 If you: a) are in breach of any of your obligations under a contract; or
- b) give notice to any of your creditors that you have suspended or re about to suspend payment or if you shall be unable to pay your debts within the meaning of Section 123 of the Insolvency Act 1986, or an order is made or a resolution is passed for your winding-up or an administration order is made or an administrator is appointed to manage your affairs, business and property or a receiver and/or manager or administrative receiver is appointed in respect of all or any of your assets or undertaking or circumstances arise which entitle the court or a creditor to appoint a receiver and/or manager or administrative receiver or administrator which entitle the court to make a winding-up or bankruptcy order or you take or suffer any similar or analogous action in consequence of debt in any jurisdiction;we may terminate the applicable contract immediately on giving notice in writing and retain any advance payment and you shall indemnify us against all claims, losses, damages, liabilities, costs and expenses of whatsoever nature resulting from any such termination and all sums due to us from you shall become immediately payable
- . 10.2 Termination of a contract shall be without prejudice to any accrued rights or remedies of either you or us. Termination of a contract will not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
11. Data protection
Please see our Privacy which forms part of these terms and conditions.
- 12.1 Any notice under a contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
- 12.2 Any notice given by post shall be deemed to have been served two business days after the same has been posted if the recipient address is in the The Netherlands Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
14. English law and jurisdiction
15. Amendment to the General Business terms and conditions
We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted online. However, continued use of the site will be deemed to constitute acceptance of the new terms and conditions.