Article 1. Definitive
1.1 General Terms and Conditions (hereinafter referred to as "Conditions"): the following delivery and payment conditions apply to all sales via www.naturezabrasileirabyjosh.com. You agree to this when you place an order;
1.2 Company: www.naturezabrasileirabyjosh.com (hereinafter referred to as "Natureza Brasileira") is the trading name of Natureza Brasileira and is a store that offers online clothing and related articles to consumers through "distance selling";
1.3 Consumer: a natural person or company that enters into a distance contract with the entrepreneur;
1.4 Agreement: a distance contract between Natureza Brasileira and the consumer.
Article 2. Applicability
2.1 These terms and conditions apply to every Natureza Brasileira offer and to every distance contract concluded between the company and the consumer;
2.2 These terms and conditions are always applicable to all offers, orders and agreements concluded using the website www.naturezabrasileirabyjosh.com;
2.3 Before the distance contract is concluded, these conditions are made available via our website. Accepting an offer or placing an order means that these conditions have been accepted;
2.4 The provisions of these conditions can only be deviated from in writing. If a part of these conditions is deviated from, the other provisions will remain in full force. The consumer can not derive any rights for future transactions from any agreed deviations;
2.5 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Natureza Brasileira.
Article 3. Agreements
3.1 An agreement is only concluded after acceptance of your order by Natureza Brasileira. Natureza Brasileira is entitled to refuse orders, or to attach certain conditions to the delivery, unless expressly provided otherwise. If an order is not accepted, this will be stated within five (5) working days after receipt of the order, stating the reason.
Article 4. Prices
4.1 All offers from Natureza Brasileira are without obligation. Natureza Brasileira expressly reserves the right to change the prices, especially when this is necessary on the basis of (legal) regulations;
4.2 The prices stated for the offered products are expressed in euros, including VAT. Shipping costs are (unless otherwise stated) not included in the prices mentioned. Before the agreement is concluded, the total price is communicated via the website;
4.3 Natureza Brasileira can not be held liable for price indications that are incorrect, for example as a result of import, writing or printing errors. No rights can be derived from unlawful price information.
Article 5. Payments
Payment always takes place entirely in advance.
5.1 Payment can be made in various ways as mentioned below and indicated during the ordering process. Further (payment / order) conditions can be set for a consumer's order. After placing an order, the consumer immediately receives a confirmation by e-mail stating the total costs;
5.1.1 iDeal: If you bank via the internet include Fortis, Rabobank, ABN-AMRO, ING and SNS Bank, you can electronically pay your order safely through our site. An electronic payment via the Internet is comparable to a PIN payment in a store. After placing your order, you choose the payment method iDeal. A screen opens where you can choose the bank where you bank online. You then follow the procedure that you are used to paying via internet banking. Basically, the payment is processed the same day. For more information, please refer to the website of iDeal;
5.1.2 Directly and online through credit card payment (VISA, Maestro and Mastercard). Your payment is authorized online, so you know immediately whether it will be approved or not. No extra costs are charged for credit card payments;
5.1.3 In the event of bankruptcy or receivership of the consumer (or a request to do so), the progress of Natureza Brasileira are immediately due and payable;
5.1.4 If Natureza Brasileira has to hand over her claim for collection, the consumer will owe a fixed amount of 15% of the extrajudicial collection costs due. If Natureza Brasileira can show that it has necessarily incurred higher costs, these costs will also be borne by the consumer.
Article 6. Delivery
6.1 All items from the online shop are available from stock. Unfortunately, it possible that an article is not available anymore, in that case we will inform the consumer as soon as possible;
6.2 Natureza Brasileira strives to send all orders at the latest within 3 to 5 working days after receiving the payment. This is done to the delivery address specified in the order. If the delivery period deviates for specific reasons, the consumer will receive a message via e-mail. Basically, an order will always be sent within 3 to 5 working days after receipt of the payment;
6.3 Exceeding the stated delivery time does not entitle the consumer to compensation, dissolution of the agreement or non-fulfillment of any obligation that might arise for him from this or any other related agreement;
6.4 The order must have been delivered to the consumer no later than 30 days after the order. If it proves impossible to deliver an order within 30 days, the consumer will be informed about this in time and has the right to cancel the order free of charge;
6.5 Delivery in parts is permitted;
6.6 The delivery obligation of Natureza Brasileira will be fulfilled once the delivery has been offered;
6.7 In case of refusal or non-collection of the offered delivery, return freight and storage costs, as well as the risk of damage or loss of the shipment, will be fully at the expense of the consumer;
6.8 Products offered are clearly and truthfully depicted and / or described and as complete as reasonableness required. However, it is possible that color, type, text and / or price changes deviate from reality.
6.9 Natureza Brasileira is never responsible for consequential damages.
Article 7. Reservation of ownership
7.1 The ownership of the delivered products will only be transferred to the consumer if the latter one has fulfilled all that he owes to Natureza Brasileira on the basis of the relevant agreement(s).
Article 8. Return / exchange of articles
8.1 We will do everything we can to inform you about the articles through our website. Nevertheless, if you do not wish to purchase an item without giving any reason, you have the right to return the product within 14 days after receipt of the order and / or exchange it in the shop;
8.2 During this period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes his right to exchange, he will return the product with all accessories and - if reasonably possible - undamaged and in the original condition and packaging to Natureza Brasileira, in accordance with the reasonable and clear instructions provided by Natureza Brasileira;
8.3 Natureza Brasileira only accepts returns / exchanges for which the instructions have been followed. Returns / exchanges that have not been received within the stipulated time will not be accepted;
8.4 Consumer is responsible for the return of the article (s);
8.5 The costs of the return are at the expense of the consumer, unless otherwise agreed.
8.6 Your return shipment will be confirmed by e-mail after receipt of the goods. We will return the purchase amount of the return to the account within 14 working days.
8.7 In case the customer has paid shipping costs and returns the entire order, we are obliged to credit this shipping cost when this order has been fully returned to us. The credited shipping costs amount to a maximum of € 4,95- within the EU.
Article 9. Complaints
Complaints regarding delivery and / or quality of your order
9.1 We do everything we can to deliver a perfect product. After receiving your order you must immediately inspect the delivered goods and immediately report any defects in writing. If a garment has not been delivered in accordance with your order or does not comply with the description on our website, you must notify us immediately. You can do this by sending an email to firstname.lastname@example.org.
This warranty will lapse if you have tried to rectify the defect yourself without consultation and / or have not followed the instructions and / or instructions for use.
If you have such a complaint about an item that you have bought from us, we would like to hear from you. You must notify us immediately. You can do this by sending an email to email@example.com.
We will solve the problem as soon as possible in consultation with you. In all cases, the instructions for returning, as you receive it when registering your complaint, must be followed exactly.
In order to facilitate the handling of your complaint, we ask you to follow our instructions strictly.
Article 10. Liability
10.1 Any liability of Natureza Brasileira, of personnel and products of Natureza Brasileira for all damage, of whatever nature, direct or indirect, including trading loss, consequential damage, damage to movable or immovable property or to persons, is explicitly excluded. Neither is Natureza Brasileira liable for the damage caused by third parties in the execution of the agreement.
10.2 Natureza Brasileira accepts no liability for any damage resulting from the use of the products of Natureza Brasileira.
10.3 Any liability of Natureza Brasileira towards the buyer is in any case limited to at most the invoice amount that the buyer owes to HIPP under the relevant agreement.
10.4 For misunderstanding, mutilation, delays or inadequate delivery of orders and announcements as a result of the use of the internet or any other means of communication in the traffic between the consumer and Natureza Brasileira, or between Natureza Brasileira and third parties, insofar as they relate to Natureza Brasileira is not liable for the relationship between the consumer and Natureza Brasileira, unless and insofar as there is intent or gross negligence on the part of Natureza Brasileira.
Article 11. Force majeure
11.1 In the event of force majeure, Natureza Brasileira has the right, at its own discretion, to suspend the execution of a consumer's order, or to dissolve the agreement without judicial intervention, such by communicating this in writing and without doing so. Natureza Brasileira is obliged to pay any compensation, unless this would be unacceptable in the circumstances to the standards of reasonableness and fairness.
11.2 Force majeure means any shortcoming which can not be attributed to Natureza Brasileira, because it is not due to her fault and is not for her account under the law, legal act or generally accepted in traffic.
Article 12. Copyright
12.1 All photos, texts, illustrations, and other works on our website are "works" in the sense of the Copyright Act and the additional copyrights belong to Natureza Brasileira. Taking over these works is prohibited unless explicitly stated or agreed otherwise.
12.2 Any unlawful infringement of the copyright of Natureza Brasileira will be prosecuted.
Article 13. Applicable law and competent court
13.1 All rights, obligations, offers, orders and agreements to which these conditions apply, as well as between Natureza Brasileira and the consumer to which these conditions relate, are exclusively governed by Dutch law.
13.2 Any disputes between Natureza Brasileira will in the first instance be settled by the competent court in Valkenswaard, the Netherlands.
Questions, complaints or comments
Should you have any questions and / or comments about these conditions after reading these conditions, please contact us in writing, by telephone or by e-mail.
+31(0)6 3372 0099
All rights are reserved. Nothing from these terms and conditions may be reproduced, copied, stored and / or distributed without our written permission.
This page was last modified on March 3rd, 2020.