Terms & Conditions

Terms & Conditions

Table of contents


Paragraph 1: Applicability
Paragraph 2: The offer
Paragraph 3: Information, advice and use
Paragraph 4: Establishment of the agreement
Paragraph 5: Prices
Paragraph 6: Order and delivery
Paragraph 7: Payment
Paragraph 8: Shipping costs
Paragraph 9: Right of withdrawal
Paragraph 10: Exercising the right of withdrawal by the consumer and costs thereof
Paragraph 11: Obligation of the consumer during the cooling-off period
Paragraph 12: Obligations of the company in case of withdrawal
Paragraph 13: Complaints procedure
Paragraph 14: Disputes
Paragraph 15: Dispute resolution

 


Paragraph 1: Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the consumer.
  2. Where these terms and conditions refer to “consumer”, this shall mean any natural person over the age of 16 who does not act for purposes related to his trade, business, craft or professional activity.
  3. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed and determine that they will be sent free of charge as soon as possible at the request of the consumer.

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Paragraph 2: The offer

  1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

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Paragraph 3: Information, advice and use

  1. Information and advice provided by us are of a general nature and without obligation. This information and advice therefore does not bind us in any way, unless explicitly and unequivocally in writing the contrary is determined.
  2. The consumer is obliged to read the information and advice from the manufacturer for the use of the delivered goods.

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Paragraph 4: Establishment of the agreement

  1. The purchase and sale agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
  2. The order confirmation sent by the entrepreneur to the consumer is deemed to fully and accurately reflect the contents of the contract. The consumer is deemed to agree with the contents of the order confirmation, unless he informs us immediately after the order confirmation that he can not agree with its contents.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. At the latest on delivery of the product to the consumer the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    • the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
    • the conditions under which and the manner in which the consumer can exercise the right of withdrawal;
    • the price including all taxes of the product;
    • insofar as applicable, the costs of delivery;
    • and the method of payment, delivery or execution of the distance contract;

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Paragraph 5: Prices

  1. The prices mentioned in the offer of the products include sales tax (VAT).
  2. After the conclusion of the agreement no price changes will be implemented unless the change is the result of a statutory regulation or provision.

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Paragraph 6: Order and delivery

  1. Deliveries of the products are only made on express orders, unless otherwise agreed between the entrepreneur and the consumer.
  2. Any unsolicited information can be kept by the consumer at will or can be returned free of charge, unless there is a manifest error or the dispatch is attributable to the consumer. In that case and in so far as the nature of this allows, the consumer shall keep the goods and documents at the disposal of the entrepreneur. The consumer will do everything that he or she does not want what fairness and fairness requires.
  3. The entrepreneur will take the greatest possible care when receiving and executing orders for goods.
  4. The place of delivery is the residential address of the consumer that was last made known to the entrepreneur, unless otherwise agreed.
  5. The entrepreneur will execute all accepted orders within the specified delivery times, provided that all data we need for the execution of the order are in her possession and she has received payment of the purchase price.
  6. Delivery times are extended by the time during which the consumer has left unpaid any amount owed after it has fallen due.
  7. Delivery times can also be delayed if one or more articles are (temporarily) out of stock. If an order can not be executed or partially, the consumer will receive a written, e-mail or telephone message.
  8. The risk of damage and / or loss of goods rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated and the entrepreneur made known representative, unless otherwise agreed.

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Paragraph 7: Payment

  1. The consumer undertakes to pay the purchase price with one of the payment options offered on the website.
  2. The amounts due by the consumer must be paid within fourteen days after placing the order.
  3. If the consumer remains in default in accordance with the above, the order will be canceled.
  4. When selling products to consumers, the consumer may never be obliged to pay in advance more than 50% in general terms and conditions.
  5. The consumer has the duty to report inaccuracies in the provided or stated (payment) data to the entrepreneur without delay.
  6. Requirements of any authority, which prevent the use of the goods to be delivered or already delivered, do not change the financial obligations of the consumer.
  7. The right of the consumer to settle any claims against the entrepreneur is excluded.
  8. If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still fulfill his payment obligations, after the consumer has failure to pay within this 14-day period, the legal interest owed on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred.

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Paragraph 8: Shipping costs

  1. All prices are exclusive of shipping costs unless otherwise stated.

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Paragraph 9: Right of withdrawal

  1. The consumer can terminate an agreement regarding the purchase of a product during time to consider of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
    1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
    2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
    3. in contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

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Paragraph 10: Exercising the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he will notify the entrepreneur within the time to consider period by means of the model withdrawal form or in an unambiguous way.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the period to consider has expired.
  3. The consumer returns the product with all accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
  6. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

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Paragraph 11: Obligation of the consumer during the time to consider period

  1. During the time to consider period period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
  3. The consumer is not liable for the value reduction of the product if the entrepreneur has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.

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Paragraph 12: Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgment of receipt immediately after receipt of this notification.
  2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

 

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Paragraph 13: Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. Consumer can report complaints to us via e-mail info@brainbooster.com
  5. Complaints can also be reported on the Online Dispute Resolution (ODR) Platform.
  6. The consumer must give the entrepreneur at least 4 weeks time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.

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Paragraph 14: Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

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Paragraph 15: Additional or different provisions

  1. Aanvullende dan wel van deze algemene voorwaarden afwijkende bepalingen mogen niet ten nadele van de consument zijn en dienen schriftelijk te worden vastgelegd dan wel op zodanige wijze dat deze door de consument op een toegankelijke manier kunnen worden opgeslagen op een duurzame gegevensdrager

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Identity of the entrepreneur

BrainBooster B.V.
Acting under the name: BrainBooster

Business address & visiting address:
Delftechpark 55
2628 XJ Delft
Netherlands

 

 

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