Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance agreement with the entrepreneur;

Day: calendar day;

Continuing performance agreement: a distance agreement relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over a period of time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance agreement: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the agreement;

Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being present in the same place at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded it will be indicated that the General Terms and Conditions can be inspected at the entrepreneur's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.

If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance agreement is concluded it will be indicated where the General Terms and Conditions can be accessed electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.

If, in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting General Terms and Conditions, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will immediately be replaced by mutual agreement with a provision that approximates the purpose of the original provision as closely as possible.

Situations not covered by these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these General Terms and Conditions.

Article 3 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications and information contained in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown exactly match the actual colours of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price, excluding customs clearance costs and import VAT. These additional costs will be borne by and at the risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services in relation to the import. This arrangement applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service will collect the VAT, whether or not together with any customs clearance costs charged, from the recipient of the goods;

any shipping costs;

the way in which the agreement will be concluded and the actions required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery and performance of the agreement;

the period for accepting the offer or the period during which the entrepreneur guarantees the price;

the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement will be archived after it has been concluded and, if so, how the consumer can access it;

the way in which the consumer can check and, if desired, correct the information provided by them in the context of the agreement before the agreement is concluded;

any other languages in which, in addition to Dutch, the agreement may be concluded;

the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance agreement in the event of a continuing performance agreement.

Optional: available sizes, colours and types of materials.

Article 4 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions attached to it.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may terminate the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.

The entrepreneur may, within the limits of the law, investigate whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or application with reasons or to attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

1. the business address of the entrepreneur's establishment where the consumer can submit complaints;

2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear notification concerning the exclusion of the right of withdrawal;

3. information about warranties and existing after-sales service;

4. the information referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

5. the requirements for terminating the agreement if the agreement has a duration of more than one year or an indefinite duration.

In the case of a continuing performance agreement, the provision of the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the option to terminate the agreement without giving any reason for a period of 30 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.

During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 30 days after receiving the product. The consumer must provide this notification by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must be able to prove that the goods were returned on time, for example by means of proof of shipment.

If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not indicated that they wish to exercise their right of withdrawal and/or has not returned the product to the entrepreneur, the purchase becomes final.

Article 6 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 30 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return shipment can be provided.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the agreement is concluded.

Exclusion of the right of withdrawal is only possible for products:

1. that have been created by the entrepreneur in accordance with the consumer's specifications;

2. that are clearly personal in nature;

3. that, by their nature, cannot be returned;

4. that can spoil or become obsolete quickly;

5. whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;

6. for individual newspapers and magazines;

7. for audio and video recordings and computer software where the consumer has broken the seal;

8. for hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

1. relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;

2. where performance has begun with the consumer's explicit consent before the cooling-off period has expired;

3. relating to betting and lotteries.

Article 8 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence at variable prices. This dependence on fluctuations and the fact that any stated prices are guide prices will be stated in the offer.

Price increases within three months after the agreement has been concluded are only permitted if they result from statutory regulations or provisions.

Price increases from three months after the agreement has been concluded are only permitted if the entrepreneur has stipulated this and:

1. they result from statutory regulations or provisions; or

2. the consumer has the right to terminate the agreement from the day on which the price increase takes effect.

Pursuant to Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, the place of delivery is the country where transportation begins. In this case, delivery takes place outside the EU. As a result, import VAT and/or customs clearance charges will be collected from the customer by the postal or courier service. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing or typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to supply the product at the incorrect price.

Article 9 – Identity of the Entrepreneur

Company name: Brewcam

Business address: Koninginneweg 35 10

info@brewcam.co

Chamber of Commerce number: 81901097

VAT identification number: NL003617852B74

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer 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 otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or the instructions on the packaging;

The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will exercise the greatest possible care when receiving and fulfilling orders for products.

The place of delivery is the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the company will fulfil accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement without costs and is entitled to any applicable compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.

The risk of damage to and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Performance Agreements: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period that provides for the regular supply of products, including electricity, or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed period that provides for the regular supply of products, including electricity, or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and may not be restricted to termination at a specific time or during a specific period;

at least in the same manner as the agreement was entered into;

always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement entered into for a fixed period that provides for the regular supply of products, including electricity, or services may not be automatically extended or renewed for another fixed period.

Notwithstanding the previous paragraph, an agreement entered into for a fixed period that provides for the regular supply of daily newspapers, news publications, weekly newspapers and magazines may be automatically extended for a fixed period of no more than three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed period that provides for the regular supply of products or services may only be automatically extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement provides for the regular, but less than once per month, supply of daily newspapers, news publications, weekly newspapers and magazines.

An agreement of limited duration for the regular introductory supply of daily newspapers, news publications, weekly newspapers and magazines as part of a trial or introductory subscription will not be automatically continued and will end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has an obligation to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has, subject to statutory restrictions, the right to charge the reasonable costs communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures introduced and strengthened from 2024 in connection with the "Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)" and thereby implementing the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.