Terms of service

 

Overview

This website is operated by Broeroutdoor. Throughout the site, the terms "we," "us" and "our" refer to Broeroutdoor. Broeroutdoor offers this website, including all information, tools and services available through this site, to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including any additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to these Terms of Service. If you do not agree to all the terms, you may not use the website or any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence, or that you have given consent for any minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms may result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

The headings used in this document are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information that is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify, suspend or discontinue the Service (or any part or content thereof) without notice at any time, and we will not be liable to you or any third party for any such modification, suspension or discontinuance.

SECTION 5 - PRODUCTS AND SERVICES

Certain products may be available exclusively online through the website and may have limited quantities. Returns and exchanges are subject to our Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products, but we cannot guarantee that your device's display will be accurate.

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction.

All descriptions of products and product pricing are subject to change at any time without notice.

For current information on shipping costs, delivery times and shipping destinations, please refer to our Shipping Policy.

SECTION 6 - PRICE DISPLAY AND PAYMENT METHODS

All prices displayed on our website include VAT. Depending on your location, prices may be displayed in different currencies; the applicable currency is shown at the bottom of the page.

For most orders, you can check out via Shopify Payments, which offers various payment methods. For a limited number of orders, such as custom or international business orders handled outside our regular checkout, we use a payment link via Mollie. When paying in a currency other than euros, currency conversion fees may apply; these are the customer's responsibility.

SECTION 7 - BUSINESS ORDERS AND QUOTES

For business customers (companies or organisations not acting as consumers), we may prepare a custom quote, for example for larger or customised orders. Unless otherwise agreed in writing, a quote is valid for 30 days from the date it is sent, and payment must be made prior to shipment of the order.

The statutory right of withdrawal described in Section 26 applies exclusively to consumers. For business orders, the terms set out in the relevant quote or agreement apply.

SECTION 8 - BILLING ACCURACY

We reserve the right to refuse or limit any order in cases of suspicious activity or bulk orders.

You agree to provide current, complete and accurate account information and to promptly update it as needed.

SECTION 9 - OPTIONAL TOOLS

We may provide access to third-party tools without monitoring or any control or input from us. Use of any such tools is entirely at your own risk and discretion.

SECTION 10 - THIRD-PARTY LINKS

Our site may contain links to third-party websites for which we bear no responsibility. Complaints regarding third-party products or services should be directed to the third party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit comments or other content, you grant us the right to use them without any compensation to you.

We may, but have no obligation to, monitor, edit or remove content that we determine to be objectionable.

You agree that your submissions will not violate any rights of any third party and will not contain unlawful or offensive content.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

We may correct any errors, inaccuracies or omissions in product information at any time without prior notice, and we have no obligation to update any information.

SECTION 14 - PROHIBITED USES

You may not use the site for any unlawful, harmful, misleading, fraudulent or inappropriate purpose.

We may terminate your access if you violate any prohibited use.

SECTION 15 - RETENTION OF TITLE

All products delivered by us remain our property until the customer has fully satisfied all obligations arising from the agreement, including full payment of the purchase price. As long as the products remain our property, the customer may not resell, pledge or otherwise encumber them in favour of third parties.

SECTION 16 - WARRANTY AND CONFORMITY

All products purchased from us are covered by the statutory warranty (conformity): a product must do what you can reasonably expect it to do. This statutory warranty is separate from any manufacturer's warranty described below and remains fully applicable regardless of the duration of any manufacturer's warranty.

In addition, CanvasCamp tents are covered by a manufacturer's warranty from CanvasCamp against manufacturing and construction defects (such as in the stitching and waterproofing). This warranty takes effect from the moment of delivery and applies for as long as the product is used and maintained in accordance with the accompanying instructions for use. Stoves carry a 2-year manufacturer's warranty against manufacturing defects.

If a claim under this manufacturer's warranty is successful, the product will, at CanvasCamp's discretion, be repaired free of charge or replaced with the same or a comparable model. The costs of returning the defective product for a warranty claim are the customer's responsibility.

To be eligible for this manufacturer's warranty, you must:

  • have purchased the product from Broer Outdoor as an authorised reseller;
  • be able to provide proof of purchase;
  • have used and maintained the product solely as indicated in the instructions for use.

Please report any potential defect as soon as possible via contact@broeroutdoor.nl, preferably quoting the unique Tent ID of your tent.

This manufacturer's warranty does not cover, among other things, damage caused by: normal wear and tear, misuse, neglect, holes, mould, condensation or minor leakage, exposure to UV light, use of a stove or other heat source, improper assembly or storage, repairs by third parties, intentional damage, extreme weather conditions (such as freezing rain, snow, hail, storms or lightning strikes), or vandalism. The tent is not intended as a permanent dwelling, to remain pitched year-round, or to be left unattended; this is considered neglect and is not covered by the warranty. This manufacturer's warranty does not apply to professional use and does not affect your statutory rights as a consumer.

SECTION 17 - FORCE MAJEURE

We are not obliged to fulfil any obligation under the agreement if prevented from doing so as a result of force majeure. Force majeure includes, but is not limited to: delays in the supply of products or raw materials from our suppliers, delays or disruptions at carriers such as PostNL, Bpost, DPD, GLS and UPS, extreme weather conditions, strikes, government measures, import and export restrictions, and pandemics or other circumstances reasonably beyond our control.

Our obligations are suspended for the duration of the force majeure event. If this period lasts longer than 30 days, both we and the customer have the right to dissolve the agreement, without either party being liable for any resulting damages.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that the use of our service will be uninterrupted, timely, secure or error-free.

Your use of our service is at your sole risk.

We are not liable for any damage arising from the use of our services. To the extent permitted by law, our liability is at all times limited to the amount charged for the relevant order. This limitation does not apply in cases of intent or conscious recklessness on our part, or in the case of damage resulting from death or personal injury.

SECTION 19 - INDEMNIFICATION

You agree to indemnify us against any claims by third parties arising from your breach of these Terms or applicable laws.

SECTION 20 - SEVERABILITY

If any provision is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.

SECTION 21 - TERMINATION

These Terms are effective unless and until terminated by either you or us. We may terminate services in the event of a violation, without prior notice.

SECTION 22 - ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us and supersede any prior agreements or understandings.

SECTION 23 - GOVERNING LAW

These Terms of Service are governed by Dutch law.

SECTION 24 - CHANGES TO THESE TERMS OF SERVICE

We reserve the right to update, change or replace these Terms, and it is your responsibility to check this page periodically for changes. Your continued use of the website following any changes constitutes acceptance of those changes.

SECTION 25 - REDUCTION IN VALUE

If the product is damaged, or the packaging is damaged more than necessary to try the product, we may charge you for this reduction in the product's value. Please treat the product with care and make sure it is properly packaged for return.

SECTION 26 - RIGHT OF WITHDRAWAL

For the delivery of products:

Upon purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer, or by a representative designated in advance by the consumer and made known to the trader.

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

If the consumer wishes to exercise their right of withdrawal, they are required to notify the trader within 14 days of receiving the product. This notification must be made using the model withdrawal form or by another means of communication such as email. After the consumer has notified the trader of their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must be able to demonstrate that the delivered goods have been returned in a timely manner, for example by means of proof of shipment.

If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified the trader of their intention to exercise the right of withdrawal, or has not returned the product to the trader, the sale is final.

For the provision of services:

For the provision of services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, commencing on the day the agreement is entered into.

To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Costs in the event of withdrawal

The consumer bears the direct costs of returning the product.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than within 14 days following withdrawal. This is subject to the condition that the product has already been received back by the online retailer, or conclusive proof of complete return shipment can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting reduction in the product's value.

The consumer cannot be held liable for a reduction in the value of the product if the trader has not provided all legally required information about the right of withdrawal, which must be provided before the purchase agreement is concluded.

Exclusion of the right of withdrawal

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

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

  • that have been produced by the trader according to specifications provided by the consumer;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can spoil or deteriorate quickly;
  • the price of which is subject to fluctuations in the financial market over which the trader has no influence;
  • for loose newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • for hygienic products of which the consumer has broken the seal.

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

  • relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  • the delivery of which has begun with the consumer's express prior consent before the cooling-off period has expired;
  • relating to bets and lotteries.

Scope

The right of withdrawal described above applies to consumers (natural persons not acting in the course of a profession or business), regardless of the country of delivery. For business orders, the terms set out in the quote or agreement apply (see Section 7).

SECTION 27 - COMPLAINTS PROCEDURE AND DISPUTE MEDIATION

We aim to assess complaints and provide an appropriate response within 5 business days of receipt.

In the event of a complaint, a consumer should first contact the trader. If the online store is affiliated with WebwinkelKeur, and where complaints cannot be resolved through mutual consultation, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. You can check whether this online store has a current membership at https://www.webwinkelkeur.nl/leden/. If no solution is reached at that stage, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its ruling is binding, and both the trader and the consumer agree to accept this binding ruling. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee.

SECTION 28 - CONTACT INFORMATION

Questions regarding the Terms of Service can be sent to shopify@broeroutdoor.nl.

BROER COLLECTIVE
contact@broeroutdoor.nl
Zwolsedijk 16e, 8061RD Hasselt
Netherlands
+31383690377
KvK: 82682321
VAT: NL003712876B10