Terms of service
Clear and plain
We have kept our terms and conditions short and easy to read, without needless definitions. Alright, it might not be as easy to read as a shampoo bottle, but we did our best.
If anything is unclear or incomplete, please contact us at info@barecookware.com.
Table of contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling off period
Article 8 - Exercise of the right of withdrawal by the consumer, and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance with contract and additional guarantee
Article 13 - Delivery and implementation
Article 14 - Extended transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Export to Russia and Belarus
Article 19 - Additional or divergent provisions
Article 1 - Definitions
In these conditions, the following terms are defined as stated below:
1. Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these items, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of a contract between this third party and the entrepreneur;
2. Cooling off period: the period within which the consumer can make use of their right of withdrawal;
3. Consumer: the natural person not acting for purposes connected with their trading, business, craft or professional activities;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Long-term contract: a contract that provides for the regular delivery of items, services and/or digital content during a specific period;
7. Durable medium: any tool, including email, that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that enables future consultation or use during a period that is attuned to the aim for which the information is intended, and enables the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling off period;
9. Entrepreneur: the natural person or legal entity that offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract that is entered into between the entrepreneur and the consumer in the context of an organised system for sales at a distance of products, digital content and/or services whereby, until the contract is entered into, exclusive or partial use is made of one or more techniques for communication at a distance;
11. Technique to communicate at a distance: a resource that can be used for entering into a contract without the consumer and the entrepreneur having to come together at the same time in the same space.
Article 2 - Identity of the entrepreneur
BARE Cookware B.V. trades under the name BARE Cookware.
Registered address:
Aert van Nesstraat 45
3012 CA Rotterdam
The Netherlands
Availability:
Monday to Friday from 9:00 to 17:00
Telephone number: 06-53178463
Email address: info@barecookware.com
Chamber of Commerce number: 78127726
VAT identification number: NL861272730B01
Article 3 - Applicability
1. These terms and conditions apply to every offer of the entrepreneur and every distance contract between the entrepreneur and the consumer.
2. The text of these terms and conditions will be made available to the consumer before the distance contract is entered into. If this is not reasonably possible, the entrepreneur will state, before the distance contract is entered into, how the terms and conditions can be consulted at the entrepreneur, and that they will be sent as soon as possible, free of charge, at the consumer's request.
3. If the distance contract is entered into electronically, then, in divergence from the previous paragraph and before the distance contract is entered into, the text of these terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, then before the distance contract is entered into, it will be stated where the terms and conditions can be consulted electronically, and that they will be sent electronically or in another way, free of charge, at the consumer's request.
4. If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply mutatis mutandis. In the event of conflicting conditions, the consumer can always invoke the applicable condition that is most favourable to them.
Article 4 - The offer
1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
2. The offer will include a full and detailed description of the offered products, digital content and/or services. The description will be detailed enough to enable the consumer to make a good evaluation of the offer. If the entrepreneur uses images, these will be a true representation of the offered products, digital content and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Every offer will include enough information to make clear to the consumer what rights and obligations are connected with accepting the offer.
4. Unless stated otherwise, the entrepreneur is not responsible for any taxes, duties or customs charges on orders shipped outside the European Union.
Article 5 - The contract
1. Subject to the provisions of paragraph 4, the contract is concluded at the time the consumer accepts the offer and complies with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. The consumer can terminate the contract for as long as the entrepreneur has not confirmed receipt of this acceptance.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to this end.
4. Within the statutory provisions, the entrepreneur can check whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant to entering into the distance contract responsibly. If, based on this check, the entrepreneur has good grounds for not entering into the contract, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to its implementation.
5. No later than on delivery of the product, service or digital content, the entrepreneur will send the consumer the following information, in writing or in a way that the consumer can store in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur's place of business where the consumer can direct complaints;
b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the price, including all taxes, of the product, service or digital content; the costs of delivery, where applicable; and the method of payment, delivery or implementation of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of an extended transaction, the provisions in the previous paragraph only apply to the first delivery.
Article 6 - Right of withdrawal
In the case of products:
1. The consumer can terminate a contract for the purchase of a product during a cooling off period of at least 60 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to give their reason(s).
2. The cooling off period stated in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided they have clearly informed the consumer of this before the ordering process;
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part;
c. in the case of contracts for regular delivery of products during a particular period: the day on which the consumer, or a third party designated by them, has received the first product.
In the case of services and digital content that is not delivered on a material carrier:
3. The consumer can terminate a service contract, or a contract for the delivery of digital content that is not delivered on a material carrier, during a period of at least 60 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to give their reason(s).
4. The cooling off period stated in paragraph 3 starts on the day after the contract is entered into.
Extended cooling off period for products, services and digital content not delivered on a material carrier, if the consumer was not informed of the right of withdrawal:
5. If the entrepreneur has not provided the legally required information on the right of withdrawal, the cooling off period expires twelve months after the end of the original cooling off period set out in the previous paragraphs of this article.
6. If the entrepreneur provides the consumer with the information referred to in the previous paragraph within twelve months of the start of the original cooling off period, the cooling off period expires 60 days after the day on which the consumer received this information.
Article 7 - Obligations of the consumer during the cooling off period
1. During the cooling off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product as far as needed to establish the nature, characteristics and operation of the product. The basic principle is that the consumer may only handle and inspect the product as they would be allowed to in a shop.
2. The consumer is only liable for any loss in value of the product that results from handling the product beyond what is allowed in paragraph 1.
3. The consumer is not liable for any loss in value of the product if the entrepreneur has not provided the consumer with all legally required information on the right of withdrawal before or at the time the contract was entered into.
Article 8 - Exercise of the right of withdrawal by the consumer, and costs thereof
1. If the consumer uses their right of withdrawal, they will notify the entrepreneur within the cooling off period in a clear manner, for example by email.
2. As soon as possible, but within 14 days from the day after the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has met the return deadline if they return the product before the cooling off period has expired.
3. The consumer will return the product with all supplied accessories, if possible in its original condition and packaging, and in line with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer will bear the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur states that it will bear the costs, the consumer does not have to bear the return costs.
6. If the consumer withdraws after first having expressly requested that the performance of the service, or the supply of gas, water or electricity not made ready for sale in a limited volume or specific quantity, begins during the cooling off period, the consumer must pay the entrepreneur an amount in proportion to the part of the obligation the entrepreneur has fulfilled at the time of withdrawal, compared to full fulfilment of the obligation.
7. The consumer will not bear any costs for the performance of services, or the supply of water, gas or electricity not made ready for sale in a limited volume or specific quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, or the reimbursement of costs in the event of withdrawal; or
b. the consumer has not expressly requested that the performance of the service, or the supply of gas, water, electricity or district heating, begins during the cooling off period.
8. The consumer will not bear any costs for the full or partial delivery of digital content that is not delivered on a material carrier if:
a. they have not given their prior express consent to the start of performance of the contract before the end of the cooling off period;
b. they have not acknowledged that they lose their right of withdrawal when giving their consent; or
c. the entrepreneur has failed to confirm this statement by the consumer.
9. If the consumer uses their right of withdrawal, all additional contracts are terminated by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur allows the consumer to give notice of withdrawal electronically, they will send a confirmation of receipt without delay after receiving this notice.
2. The entrepreneur will refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and in any event within 14 days after the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may delay the refund until they have received the product or until the consumer shows that they have returned it, whichever is earlier.
3. The entrepreneur will refund using the same payment method the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the entrepreneur has offered to refund return costs and the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs of the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or in good time before the contract is entered into:
1. Products or services whose price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period;
2. Contracts entered into during a public auction. A public auction is a method of sale whereby the entrepreneur offers products, digital content and/or services to a consumer who is present in person, or is given the opportunity to be present in person, at the auction, led by an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. the performance began with the express prior consent of the consumer; and
b. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the contract;
4. Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, transport of goods, vehicle hire services and catering;
5. Contracts in connection with leisure activities, if a specific date or period of performance is provided for in the contract;
6. Products made to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products modified to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene, and whose seal has been broken after delivery;
10. Products that, by their nature, are irreversibly mixed with other products after delivery;
11. Alcoholic drinks whose price is agreed when entering into the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
12. Sealed audio recordings, video recordings and computer software whose seal has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
14. Delivery of digital content other than on a material carrier, but only if:
a. the performance began with the express prior consent of the consumer; and
b. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the contract.
Article 11 - The price
1. The prices of the products and/or services offered cannot be increased during the validity period stated in the offer, except for price changes resulting from changes in VAT rates.
2. In divergence from the previous paragraph, the entrepreneur can offer products or services whose prices are linked to fluctuations on the financial market, over which the entrepreneur has no influence, at variable prices. This link to fluctuations, and the fact that any stated prices are guide prices, will be stated in the offer.
3. Price increases within 3 months after the contract is concluded are only permitted if they result from regulations or statutory provisions.
4. Price increases from 3 months after the contract is concluded are only permitted if the entrepreneur has stipulated this and:
a. they result from regulations or statutory provisions; or
b. the consumer has the right to terminate the contract from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT on orders shipped within the European Union.
6. The prices stated in the offer of products or services do not include VAT on orders shipped outside the European Union.
Article 12 - Compliance with contract and additional guarantee
1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the contract is entered into. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer will never limit the legal rights and claims the consumer can assert against the entrepreneur under the contract if the entrepreneur fails to fulfil their part of the contract.
3. An additional guarantee is any commitment by the entrepreneur, their supplier, importer or manufacturer that grants the consumer rights or claims beyond those the entrepreneur, their supplier, importer or manufacturer are bound to by law if they fail to fulfil their part of the contract.
4. The entrepreneur offers a lifetime warranty on manufacturing and material defects. This warranty entitles the consumer to a replacement, never to a complete withdrawal from the contract. The lifetime warranty does not cover:
a. dulling, scratching or other wear and tear from use;
b. rust;
c. defects caused by improper use;
d. defects caused by modifying or disassembling the product.
Article 13 - Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address the consumer has given to the entrepreneur, unless the consumer states otherwise.
3. With due observance of article 4 of these terms and conditions, the entrepreneur will carry out accepted orders promptly, and in any event within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or only in part, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge and may be entitled to compensation for any damages.
4. After termination in line with the previous paragraph, the entrepreneur will refund the amount the consumer has paid without delay.
5. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Extended transactions: duration, termination and extension
Termination
1. The consumer can always terminate a contract entered into for an indefinite period for the regular delivery of products (including electricity) or services, in line with the agreed termination rules and with a notice period of no more than one month.
2. The consumer can always terminate a contract entered into for a definite period for the regular delivery of products (including electricity) or services at the end of that period, in line with the agreed termination rules and with a notice period of no more than one month.
3. The consumer can:
a. terminate the contracts stated in the previous paragraphs at any time, without being limited to termination at a particular time or in a particular period;
b. at least terminate the contracts stated in the previous paragraphs in the same way they were entered into;
c. always terminate the contracts stated in the previous paragraphs with the same notice period the entrepreneur has stipulated for itself.
Extension
4. A contract entered into for a definite period for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period.
5. In divergence from the previous paragraph, a contract entered into for a definite period for the regular delivery of daily and weekly newspapers and periodicals can be extended for a definite period of no more than three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
6. A contract entered into for a definite period for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or no more than three months if the contract is for the regular, but less than once a month, delivery of daily or weekly newspapers and periodicals.
7. A contract for a limited period for the regular delivery of daily or weekly newspapers and periodicals (trial or introductory subscription) will not be automatically continued and ends automatically at the end of the trial or introductory period.
Duration
8. If a contract has a duration of more than one year, the consumer can terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 - Payment
1. Unless otherwise stated in the contract or additional conditions, the consumer must pay the amounts owed within 14 days of the start of the cooling off period or, if there is no cooling off period, within 14 days of entering into the contract. For a contract for the provision of a service, this period starts on the day after the consumer has received confirmation of the contract.
2. The consumer must notify the entrepreneur immediately of any errors in the payment details provided or stated.
3. If the consumer does not meet their payment obligation(s) on time, the entrepreneur will notify them of the late payment and give them 14 days to pay. If the consumer has still not paid after this 14-day period, they owe statutory interest on the outstanding amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs are no more than: 15% of outstanding amounts up to €2,500; 10% of the next €2,500; and 5% of the following €5,000, with a minimum of €40. The entrepreneur may diverge from these amounts and percentages in the consumer's favour.
Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and will handle complaints in line with this procedure.
2. Complaints about the performance of the contract must be submitted to the entrepreneur, fully and clearly described, within a reasonable period after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint is expected to take longer to process, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication of when the consumer can expect a full answer.
4. The consumer must in any event give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 17 - Disputes
1. Contracts between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law.
2. All disputes will be resolved by the competent court in the district in which the entrepreneur is established.
3. The provisions of paragraphs 1 and 2 of this article do not affect the consumer's right to submit a dispute to a competent disputes committee or to submit a complaint to the entrepreneur directly.
4. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) does not apply to this contract.
Article 18 - Export to Russia and Belarus
1. It is strictly prohibited to sell or ship any of our products to Russia or Belarus.
2. Any order with a shipping address in Russia or Belarus will be cancelled without notice, and the purchase amount will be refunded to the original payment method.
3. We reserve the right to refuse or cancel any transaction that we reasonably suspect violates this provision.
4. This restriction applies to all products sold by the entrepreneur, including but not limited to products shipped directly from our warehouse or by any third-party fulfilment provider.
Article 19 - Additional or divergent provisions
Additional provisions, or provisions that diverge from these terms and conditions, may not be to the detriment of the consumer and must be set out in writing or in a way that the consumer can store in an accessible manner on a durable medium.