General Terms and Conditions
These General Terms and Conditions applies the following definitions:
Embrace Concepts: Embrace Concepts BV, a private company with its registered seat in Hilversum and with its office at Verelngde Zuiderloswal 15 in Hilversum, registered in the trade register of the Dutch Chamber of Commerce and Factories for Amsterdam under number 74850962.
‘Web store’: the MBRC the ocean web store as operated by Embrace Concepts at the URL shop.mbrctheocean.com
'Order confirmation': the confirmation of the order as described under paragraph 3.2 of these Conditions.
'Product': the product or products that is/are deliverable to you by or via Embrace Concepts by having entered into an agreement between Embrace Concepts and you and within the agreed upon period of time, for which you are payable a certain price;
‘Conditions': these General Terms and Conditions.
2.1 These Conditions apply to all offers, orders and agreements that are order or entered via the Web store and to which Embrace Concepts is a party, with the exception of any other general conditions. By entering into an agreement between you and Embrace Concepts as per the procedure described in paragraph 3 of these Conditions, you expressly accept these Conditions.
2.2 A party may only deviate from what is stated in these Conditions after having received written approval by Embrace Concepts, in which case all other parts of these Conditions remain in full effect.
2.3 All rights and liabilities, including those in these Conditions and in any future agreements stipulated by Embrace Concepts, are likewise stipulated by mediators or other third parties hired by Embrace Concepts.
2.4 Embrace Concepts has the right to amend these Conditions and the (content of the) Web store.
3.1 All offers made in the Web store are non-committal until you have received the Order confirmation. Should Embrace Concepts be forced to raise the purchase price of the product by force of law or by force of an amended court ruling, you will be informed of this in writing immediately (via fax, letter or e-mail). In such cases, you have the right to dissolve this agreement by informing Embrace Concepts of your intentions in writing (via fax, letter or e-mail).
3.2 The agreement between Embrace Concepts and you is concluded from the moment that you perform any or more of the following actions:
(a) placed an order in the Web store by fully and correctly filling out the order form in the Web store;
(b) paid for the order by selecting a payment method and filling out the required information or transferring the sum of the order;
(c) received a confirmation at your e-mail address that your order has been received (the ‘Order confirmation’).
In the case that Embrace Concepts cannot reasonably expect that the agreement entered with you will be fulfilled, the Order confirmation will not be sent. This may be the case if your bank balance has been insufficient for paying the purchase price of the ordered product for a period of over 3 months. In this case, the agreement is not concluded.
3.3 The Order confirmation in any case states the following information:
(a) a description of the product purchased by you and the number of products purchased by you;
(b) the price of the product/products;
(c) your name, city, shipping address, invoice address (if different from your home address and/or shipping address), your e-mail address and your phone number;
(d) the order number of the agreement.
3.4 The agreement contains all arrangements concluded between you and Embrace Concepts and acts in place of all previously entered agreements, provisions and/or arrangements between you and Embrace Concepts.
3.5 The Embrace Concepts administration, barring evidence to the contrary, is evidence of the payments made by you and orders requested by you from Embrace Concepts and of deliveries performed by Embrace Concepts. Embrace Concepts accepts that electronic communication may serve as evidence. By accepting the Conditions, you consent to this as well.
4. TRANSPORT AND COSTS
4.1 All prices for the products on offer are listed in euros and include sales tax (vat) and other levies imposed by government regulations. The transport costs are calculated separately, depending on the destination and the total sum of the orders, and are presented to you prior to concluding the Agreement.
4.2 Any risk during the transport of the ordered product ordered falls on Embrace Concepts. This risk is transferred to you at the time of delivery of the product, barring the liabilities that cannot be legally excluded by Embrace Concepts.
5. DELIVERY TIME
5.1 The delivery time of the product has a maximum of 30 business days upon receiving the payment or a maximum as determined in the agreement between you and Embrace Concepts. Under normal circumstances, the items are shipped within 5 business days upon successfully completing the payment procedure. However, it may occur that an item is not yet, no longer or temporarily unavailable, causing the delivery time to be exceeded. The delivery times indicated by Embrace Concepts cannot be held to be a deadline unless specifically agreed upon otherwise.
5.2 When the agreed upon delivery time is for whichever reason exceeded by Embrace Concepts, Embrace Concepts will immediately inform you of this in writing (via fax, letter or e-mail). In such a case, you are entitled to dissolve the agreement with Embrace Concepts by reporting this to Embrace Concepts in writing (via letter or e-mail).
5.3 Any payments made by you as part of the execution of the agreement which is dissolved in response to paragraph 5.2 of these Conditions will be returned to you by Embrace Concepts within 10 business days of Embrace Concepts receiving the statement mentioned in paragraph 5.2.
5.4 In the event that you have suffered damages due to Charity Gift exceeding the delivery term, Embrace Concepts will reimburse this damage to a maximum sum of the invoice sum, regardless of whether you have dissolved the agreement with Embrace Concepts.
6. COOLING OFF PERIOD
6.1 After you have received the ordered product, you have the right to dissolve the underlying agreement with Embrace Concepts within 14 business days upon receipt of this product. You do not need to provide a reason.
6.2 In the event that you wish to dissolve the agreement in response to paragraph 6.1, you should inform Embrace Concepts immediately and in writing (via letter or e-mail). You should return the product to Embrace Concepts immediately. The costs and risks for returning the product are at your own expense.
6.3 Any payments you made at the time of rescinding the agreement with Embrace Concepts in response to paragraph 6.1 and 6.2 of these Conditions will be returned to you within 10 days upon Embrace Concepts receiving the product you returned.
6.4 Embrace Concepts reserves the right to refuse any returned products or to credit only part of the already paid sum if it suspects that the product has been opened, used or damaged by your fault (instead of by fault of Embrace Concepts or the delivery service).
6.5 In the event that a product is returned that, in Embrace Concepts view, has received damage that is attributable to your act or negligence or is otherwise at your risk, Embrace Concepts will inform you of this in writing (via letter or e-mail). Embrace Concepts has the right to levy a depreciation of the product over the repayable sum as a result of this damage.
7. MONEY BACK GUARANTEE
7.1 In the event that the product, in your view and within 30 days upon receiving the product, displays a defect or does not reasonably meet the requirements of what you ordered, there are two options available to you, namely:
(a) you can request Embrace Concepts in writing (via letter or e-mail) to repair, replace or deliver any missing or faulty parts of the product; or
(b) you can dissolve the agreement with Embrace Concepts by informing Embrace Concepts in writing (via letter or e-mail).
7.2 If you request Embrace Concepts to repair, replace or deliver the missing or faulty part of the product, you should return the product to Embrace Concepts. Embrace Concepts will repair or replace the product within 20 business days upon receiving the product from you and return it to you. The costs for your return shipment, replacement and/or repair of the product and of returning the product to you are at the expense of Embrace Concepts, unless it can be reasonably suspected that the missing (part of a) product or the fault of the product can be attributed to you or is otherwise at your expense and risk. In such a case, Embrace Concepts is not obligated to repair the product or to add a missing component to the product. Charity Gift will return the product to you in the state it received the product from you.
7.3 In the event that you dissolve the agreement based on paragraph 7.1(b), you should return the product to Embrace Concepts immediately. The costs for return shipment are at the expense of Embrace Concepts. The purchase price of the product will be returned to your account within 10 business days. Paragraph 6.5 is applicable to this paragraph.
8.1 The products delivered by Embrace Concepts have a warranty. This is the warranty placed on the products by the manufacturer. As such, this warranty does not affect your rights arising from any regulations or the agreement.
9.1 All complaints regarding the delivery, quality and state of the product or any other complaint will be treated seriously by Embrace Concepts.
9.2 You should report your complaint to the Customer Service of Embrace Concepts (contact details are listed in paragraph 11 of these Conditions).
9.3 Embrace Concepts will attempt to resolve the complaint within 10 business days or sooner if possible. Embrace Concepts will inform you of this in writing (via fax, letter or e-mail).
10.1 Embrace Concepts will process and store your personal data in one or more files. These files are registered at the Dutch Data Protection Authority (the current Registration Board).
10.2 The objective of processing your personal data is to allow Embrace Concepts to perform its obligations arising from the agreement concluded between you and Embrace Concepts. Your data will only be disclosed to third parties to perform these obligations.
10.3 The processed personal data include all information filled out by you on the order form when you order or have ordered a product.
10.4 By entering into an agreement with Embrace Concepts to which these Conditions apply, you give your explicit consent that Embrace Concepts discloses your personal data to third parties as indicated under paragraph 10.2.
10.5 You can access your personal data at all times by sending a written request (via fax, letter or e-mail) to the Embrace Concepts customer service department. Embrace Concepts will provide you with an overview of your personal data available to Embrace Concepts within 4 weeks. In the event that you are of the opinion that your personal data should be corrected, amended, removed or protected because they are factually incorrect, are insufficient or are irrelevant for the objective mentioned under paragraph 10.2 or processed in breach of a statutory regulation, you should inform Embrace Concepts in writing (via fax, letter or e-mail) and indicate that your personal data should be corrected, amended, removed or protected. In the event that you request for your personal data to be corrected and/or amended, you should also state the corrections and/or amendments to your personal data. In all cases, Embrace Concepts will immediately follow your instructions unless Embrace Concepts is uncapable of doing so. In such an event, Embrace Concepts will remove your personal data from its file/files. Embrace Concepts will order any third parties to which your personal data were disclosed to copy any changes, protections or removal of your personal data.
11. CUSTOMER SERVICE Embrace Concepts
All correspondence based on these Conditions should be addressed to:
Verlengde Zuiderloswal 15
1216 BW Hilversum
12. APPLICABLE LAW, MEDIATION AND DISPUTES
12.1 Dutch law applies to all agreements entered into with Embrace Concepts
12.2 In the event of a dispute between you and Embrace Concepts as a result of an agreement entered between you and Embrace Concepts, you can request Embrace Concepts to have the Dutch Consumer Association mediate, unless Embrace Concepts holds the view that the nature of this dispute does not warrant such a mediation.
12.3 In the event that a dispute cannot be settled based on paragraph 12.2 or by any other method settled in friendly consultations, the court in Amsterdam is authorized to be informed of this dispute, unless you inform Embrace Concepts in writing (via letter or e-mail) within 4 weeks upon the occurrence of the dispute to object to this. In that case, the regulations of the Civil procedure code of the Netherlands applies.
- General terms and conditions Embrace Concepts 2019 –