Terms & Conditions

Terms & Conditions

This website is operated by BRYZE Footwear. Throughout the site, the terms “we”, “us”, “our” and “entrepreneur” refer to BRYZE Footwear. BRYZE Footwear offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, 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 those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, suppliers, customers, merchants and/or contributors of content.

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

Any new features or tools which are added to the current store shall also be subject to the 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 or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province where you reside, or that you are the age of majority in the state or province where you reside and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (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 will result in an immediate termination of your Services.

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 (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 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, use of the Service, access to the Service, or any contact on the website through which the service is provided, without express written permission by us.

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

ARTICLE 1 – DEFINITIONS

In these terms, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: 01-12-2024;
Continuous performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over 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 contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement concluded within the framework of an organized system for distance selling of products and/or services, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: a means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously present in the same place;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Company name: BRYZE Footwear
Customer service email: Support@bryze-footwear.com
Business address: Available upon request

ARTICLE 3 – APPLICABILITY

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge upon request by electronic means or otherwise.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly and, in the event of conflicting terms, the consumer may always invoke the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these terms shall otherwise remain in force and the relevant provision shall be replaced without delay, by mutual agreement, with a provision that most closely reflects the intent of the original provision.

Situations not covered by these general terms and conditions shall 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 shall be interpreted “in the spirit” of these general terms and conditions.

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity 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 enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.

Each offer contains information such that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

• the price, excluding customs clearance costs and import VAT. These additional costs are at the customer’s expense and risk. The postal and/or courier service will use the special scheme for postal and courier services with regard to import. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect VAT (possibly together with the charged clearance costs) from the recipient of the goods;
  
  

• any shipping costs;
  
  

• how the agreement will be concluded and what actions are required for this;
  
  

• whether the right of withdrawal applies;
  
  

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

• the period for acceptance of the offer, or the period during which the entrepreneur guarantees the price;
  
  

• the rate for distance communication if the costs of using the technique for 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 conclusion and, if so, how it can be consulted by the consumer;
  
  

• the way the consumer can check the data provided in the context of the agreement before concluding the agreement and, if desired, correct it;
  
  

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

• the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
  
  

• the minimum duration of the distance contract in the case of a continuous performance contract.
  
  

Optional: available sizes, colors, types of materials.

ARTICLE 5 – THE AGREEMENT

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

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

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons, based on this investigation, not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to 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:

• the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
  
  

• the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  
  

• information on guarantees and existing after-sales service;
  
  

• the data included in Article 4(3) of these terms, unless the entrepreneur has already provided this data to the consumer before executing the agreement;
  
  

• the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
  
  

In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts 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 entrepreneur.

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 the right of withdrawal, they will return the product with all delivered accessories and—if reasonably possible—in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receipt of the product. Notification must be done by written message/email. After notifying that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.

If the customer has not notified within the terms mentioned in paragraphs 2 and 3 that they wish to exercise the right of withdrawal, or has not returned the product to the entrepreneur, the purchase is final.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

If the consumer exercises the right of withdrawal, the costs for returning the products are for the consumer’s account.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 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 8 – 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 conclusion of the agreement.

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

• created by the entrepreneur in accordance with the consumer’s specifications;
  
  

• clearly personal in nature;
  
  

• which by their nature cannot be returned;
  
  

• which can spoil or age quickly;
  
  

• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  
  

• for individual newspapers and magazines;
  
  

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

• for hygienic products where the consumer has broken the seal.
  
  

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

• relating to accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;
  
  

• where performance has begun with the consumer’s explicit consent before the cooling-off period has expired;
  
  

• relating to betting and lotteries.
  
  

ARTICLE 9 – THE PRICE

I reserve the right to change the prices of the offered products and/or services during the validity period stated in the offer, including as a result of changes in VAT rates.

In deviation from 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 dependency on fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• they result from statutory regulations or provisions; or
  
  

• the consumer is authorized to terminate the agreement from the day the price increase takes effect.
  
  

The place of supply, pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968, is in the country where transport begins. In this case, the supply takes place outside the EU. Consequently, import VAT and/or customs clearance costs will be collected from the buyer by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.

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

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 legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims 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 14 days after delivery. Products must be returned in the 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 are otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
  
  

• the defect is wholly or partly the result of regulations that the government has imposed or will impose 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 executing orders for products.

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

Subject to the provisions of Article 4 of these terms, the company will execute 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 executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

ARTICLE 12 – CONTINUOUS PERFORMANCE CONTRACTS: DURATION, TERMINATION AND RENEWAL

Termination

The consumer may terminate an agreement concluded for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to above:

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

• at least in the same manner as they were concluded by the consumer;
  
  

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

Renewal

An agreement concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.

In deviation from the previous paragraph, an agreement concluded for a fixed term and aimed at the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months, if the consumer may terminate this extended agreement towards the end of the extension with a notice period of no more than one month.

An agreement concluded for a fixed period and aimed at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate 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 concerns regular delivery of daily, news and weekly newspapers and magazines less than once per month.

An agreement of limited duration aimed at regular delivery of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) will not be tacitly continued and ends 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 oppose termination before the end of the agreed term.

ARTICLE 13 – PAYMENT

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

The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right—subject to legal limitations—to charge reasonable costs that were made known to the consumer in advance.

ARTICLE 14 – COMPLAINTS PROCEDURE

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-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 disputes 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 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

ARTICLE 17 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ARTICLE 18 – CHANGES TO THE 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, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 19 – CESOP

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