Terms of Service

Article 1 – Definitions

For purposes of these Terms and Conditions, the following definitions apply:

Cooling-Off Period: the period during which the Consumer may exercise the Right of Withdrawal;

Consumer: the natural person who is not acting in the course of a profession or business and who enters into a Distance Contract with the Merchant;

Day: calendar day;

Continuing Performance Agreement: a Distance Contract relating to a series of products and/or services for which the delivery and/or purchase obligations are spread over a period of time;

Durable Medium: any means that enables the Consumer or the Merchant to store information addressed personally to them in a way that allows the information to be accessed in the future and reproduced without alteration;

Right of Withdrawal: the Consumer’s right to withdraw from the Distance Contract during the Cooling-Off Period;

Merchant: the natural person or legal entity that offers products and/or services to Consumers remotely;

Distance Contract: an agreement concluded as part of a system organized by the Merchant for the remote sale of products and/or services, under which one or more Means of Distance Communication are used exclusively up to and including the conclusion of the agreement;

Means of Distance Communication: a method that may be used to conclude an agreement without the Consumer and the Merchant being physically present in the same location at the same time;

Terms and Conditions: these Terms and Conditions of the Merchant.

Article 2 – Identity of the Merchant

Company Name: The Brooks Family - Santa Barbara

Customer Service Email: support@thebrooksfamilysantabarbara.com

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the Merchant and to every Distance Contract and order concluded between the Merchant and the Consumer.

Before the Distance Contract is concluded, the text of these Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, the Merchant will indicate, before the Distance Contract is concluded, that the Terms and Conditions are available for inspection at the Merchant’s premises and that they will be sent to the Consumer free of charge as soon as possible upon request.

If the Distance Contract is concluded electronically, the text of these Terms and Conditions may, notwithstanding the preceding paragraph and before the Distance Contract is concluded, 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, the Merchant will indicate, before the Distance Contract is concluded, where the Terms and Conditions can be accessed electronically and that they will be sent to the Consumer electronically or by other means free of charge upon request.

If specific product or service terms and conditions apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly. In the event of conflicting terms and conditions, the Consumer may always rely on the applicable provision that is most favorable to the Consumer.

If one or more provisions of these Terms and Conditions are at any time wholly or partially void or declared invalid, the remainder of the agreement and these Terms and Conditions will remain in effect. The provision concerned will immediately be replaced by mutual agreement with a provision that reflects the purpose and intent of the original provision as closely as possible.

Situations not addressed in these Terms and Conditions must be assessed in accordance with the spirit and intent of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions must be interpreted in accordance with the spirit and intent of these Terms and Conditions.

Article 4 – The Offer

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

The offer is nonbinding. The Merchant is entitled to modify or amend the offer.

The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to allow the Consumer to properly assess the offer. If the Merchant uses images, these images will provide a true representation of the products and/or services being offered. Obvious mistakes or errors in the offer will not bind the Merchant.

All images, specifications, and information contained in the offer are indicative and may not serve as grounds for compensation or termination of the agreement.

Product images provide a true representation of the products being offered. The Merchant cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer contains sufficient information to make the rights and obligations associated with accepting the offer clear to the Consumer. This includes, in particular:

  • the price, excluding customs clearance fees and import VAT. These additional costs will be borne by and at the risk of the customer. With respect to imports, the postal and/or courier service will use the special arrangement applicable to postal and courier services. This arrangement applies when the goods are imported into the EU country of destination, as is the case here. The postal and/or courier service will collect VAT from the recipient of the goods, either separately or together with any customs clearance fees charged;

  • any shipping costs;

  • the manner in which the agreement will be concluded and the actions required to conclude it;

  • whether the Right of Withdrawal applies;

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

  • the period during which the offer may be accepted or the period during which the Merchant guarantees the price;

  • the rate charged for distance communication if the costs of using the Means of Distance Communication are calculated on a basis other than the standard basic rate for the communication method used;

  • whether the agreement will be archived after it has been concluded and, if so, how the Consumer may access it;

  • the way in which the Consumer may review and, if desired, correct the information provided in connection with the agreement before the agreement is concluded;

  • any languages other than Dutch in which the agreement may be concluded;

  • the codes of conduct to which the Merchant is subject and the manner in which the Consumer may access these codes of conduct electronically; and

  • the minimum duration of the Distance Contract in the case of a Continuing Performance Agreement.

Optional: available sizes, colors, and types of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded when the Consumer accepts the offer and satisfies the conditions specified in the offer.

If the Consumer has accepted the offer electronically, the Merchant will immediately confirm receipt of the acceptance electronically. Until receipt of the acceptance has been confirmed by the Merchant, the Consumer may terminate the agreement.

If the agreement is concluded electronically, the Merchant will implement appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure online environment. If the Consumer can make electronic payments, the Merchant will implement appropriate security measures for those payments.

Within the limits permitted by law, the Merchant may investigate whether the Consumer is capable of meeting their payment obligations, as well as any facts and circumstances relevant to entering into the Distance Contract responsibly. If, based on this investigation, the Merchant has reasonable grounds not to enter into the agreement, the Merchant may reject an order or application, stating the reasons for doing so, or may make performance of the agreement subject to special conditions.

The Merchant will provide the Consumer with the following information together with the product or service, either in writing or in a manner that allows the Consumer to store the information accessibly on a Durable Medium:

  1. the physical address of the Merchant’s business location where the Consumer may submit complaints;

  2. the conditions under which and the manner in which the Consumer may exercise the Right of Withdrawal, or a clear statement that the Right of Withdrawal is excluded;

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

  4. the information referred to in Article 4, paragraph 3 of these Terms and Conditions, unless the Merchant has already provided this information to the Consumer before performance of the agreement; and

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

In the case of a Continuing Performance Agreement, the preceding paragraph applies only to the first delivery.

Each agreement is entered into subject to the condition that the relevant products are sufficiently available.

Article 6 – Right of Withdrawal

When purchasing products, the Consumer may terminate the agreement without stating a reason during a period of 14 days. This Cooling-Off Period begins on the day after the Consumer, or a representative previously designated by the Consumer and made known to the Merchant, receives the product.

During the Cooling-Off Period, the Consumer must handle the product and its packaging with care. The Consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the Consumer exercises the Right of Withdrawal, the Consumer must return the product to the Merchant 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 Merchant.

If the Consumer wishes to exercise the Right of Withdrawal, the Consumer must notify the Merchant within 14 days after receiving the product. The Consumer must provide this notice in a written message or email. After notifying the Merchant that they wish 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 items were returned on time, for example by providing proof of shipment.

If, after the expiration of the periods referred to in paragraphs 2 and 3, the customer has not notified the Merchant that they wish to exercise the Right of Withdrawal or has not returned the product to the Merchant, the purchase will become final.

Article 7 – Costs in the Event of Withdrawal

If the Consumer exercises the Right of Withdrawal, the Consumer will be responsible for the costs of returning the products.

If the Consumer has paid an amount, the Merchant will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the online retailer has already received the returned product or that conclusive proof of the complete return shipment can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The Merchant may exclude the Consumer’s Right of Withdrawal for products as described in paragraphs 2 and 3. The Right of Withdrawal may only be excluded if the Merchant has clearly stated this in the offer or has otherwise notified the Consumer in a timely manner before the agreement is concluded.

The Right of Withdrawal may only be excluded for products:

  1. created by the Merchant in accordance with the Consumer’s specifications;

  2. that are clearly personal in nature;

  3. that cannot be returned due to their nature;

  4. that are liable to deteriorate or expire rapidly;

  5. whose price is subject to fluctuations in the financial markets over which the Merchant has no control;

  6. consisting of individual newspapers or magazines;

  7. consisting of audio or video recordings or computer software for which the Consumer has broken the seal; or

  8. consisting of hygiene products for which the Consumer has broken the seal.

The Right of Withdrawal may only be excluded for services:

  1. relating to accommodations, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period;

  2. whose performance began, with the Consumer’s express consent, before the Cooling-Off Period expired; or

  3. relating to betting and lotteries.

Article 9 – The Price

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

Notwithstanding the preceding paragraph, the Merchant may offer products or services at variable prices if their prices are subject to fluctuations in the financial markets over which the Merchant has no control. The offer will state that the prices are subject to such fluctuations and that any stated prices are target or indicative prices.

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

Price increases beginning three months after the agreement is concluded are only permitted if the Merchant has stipulated this and:

  1. the increases result from statutory regulations or provisions; or

  2. the Consumer is entitled to terminate the agreement effective as of the date on which the price increase takes effect.

Pursuant to Section 5, subsection 1 of the Dutch Turnover Tax Act 1968, the place of supply is the country in which transportation begins. In this case, the supply takes place outside the EU. Consequently, the postal or courier service will collect import VAT and/or customs clearance fees from the customer. The Merchant will therefore 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 a printing or typographical error, the Merchant is not required to supply the product at the incorrect price.

Article 10 – Conformity and Warranty

The Merchant warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of quality and/or usability, and the applicable statutory provisions and/or government regulations in effect on the date the agreement is concluded. If agreed, the Merchant also warrants that the product is suitable for uses other than normal use.

Any warranty provided by the Merchant, manufacturer, or importer does not affect the statutory rights and claims that the Consumer may exercise against the Merchant under the agreement.

Any defects or incorrectly delivered products must be reported to the Merchant in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The Merchant’s warranty period corresponds to the manufacturer’s warranty period. However, the Merchant is never responsible for the ultimate suitability of the products for every individual use by the Consumer or for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the Consumer has repaired and/or altered the delivered products or has had them repaired and/or altered by third parties;

  • the delivered products have been exposed to abnormal conditions, have otherwise been handled carelessly, or have been handled contrary to the Merchant’s instructions and/or the instructions stated on the packaging; or

  • the defect is wholly or partially the result of regulations imposed, or to be imposed, by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

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

The place of delivery will be the address provided by the Consumer to the company.

Subject to the provisions of Article 4 of these Terms and Conditions, the company will fulfill accepted orders promptly and no later than 30 days after the order is placed, 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 that event, the Consumer will be entitled to terminate the agreement without charge and may be entitled to compensation.

If the agreement is terminated in accordance with the preceding paragraph, the Merchant will refund the amount paid by the Consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the Merchant will make reasonable efforts to provide a replacement item. No later than the time of delivery, the Consumer will be clearly and understandably informed that a replacement item is being delivered. The Right of Withdrawal may not be excluded for replacement items. The Merchant will be responsible for the costs of any return shipment.

The risk of damage to and/or loss of products remains with the Merchant until the products are delivered to the Consumer or to a representative previously designated by the Consumer and made known to the Merchant, unless expressly agreed otherwise.

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

Termination

The Consumer may terminate an agreement entered into for an indefinite period and providing for the regular delivery 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 and providing for the regular delivery of products, including electricity, or services at any time effective as of the end of the fixed period, 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 preceding paragraphs:

  • at any time and without being restricted to termination at a specific time or during a specific period;

  • at least in the same manner in which the agreements were entered into; and

  • with the same notice period that the Merchant has stipulated for itself.

Renewal

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

Notwithstanding the preceding paragraph, an agreement entered into for a fixed period and providing for the regular delivery of daily newspapers, news publications, weekly newspapers, or magazines may be automatically renewed for a fixed period of no more than three months, provided that the Consumer may terminate the renewed agreement effective as of the end of the renewal period with a notice period of no more than one month.

An agreement entered into for a fixed period and providing for the regular delivery of products or services may only be automatically renewed for an indefinite period if the Consumer may terminate it at any time with a notice period of no more than one month. A notice period of no more than three months may apply if the agreement provides for the regular delivery, less than once a month, of daily newspapers, news publications, weekly newspapers, or magazines.

A limited-duration agreement for the regular introductory delivery of daily newspapers, news publications, weekly newspapers, or magazines, such as a trial or introductory subscription, will not be automatically continued and will end automatically when the trial or introductory period expires.

Term

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 standards of reasonableness and fairness prevent termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the Consumer must be paid within seven business days after the start of the Cooling-Off Period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of services, this period begins after the Consumer has received confirmation of the agreement.

The Consumer is required to notify the Merchant immediately of any inaccuracies in the payment information provided or stated.

In the event of nonpayment by the Consumer, the Merchant is entitled, subject to statutory restrictions, to charge the reasonable costs that were disclosed to the Consumer in advance.

Article 14 – Complaints Procedure

Complaints concerning the performance of the agreement must be submitted to the Merchant within seven days after the Consumer discovers the defects. Complaints must be described fully and clearly.

Complaints submitted to the Merchant will be answered within 14 days from the date they are received. If a complaint is expected to require a longer processing period, the Merchant will respond within 14 days with an acknowledgment 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 will arise that may be handled under the applicable dispute resolution procedure.

A complaint does not suspend the Merchant’s obligations unless the Merchant states otherwise in writing.

If the Merchant determines that a complaint is valid, the Merchant will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the Merchant and the Consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the Consumer resides outside the Netherlands.

Article 16 – CESOP

Due to the measures introduced and strengthened as of 2024 concerning the “Amendment of the Dutch Turnover Tax Act 1968 (Implementation Act for the Payment Service Providers Directive)” and the related implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register information in the European CESOP system.