Terms and Conditions

Terms and Conditions

General Terms and Rules

Article 1 – Definitions

The following definitions apply in these terms and conditions:

  • Cooling-off period: The time period during which the consumer can exercise their right of withdrawal.
  • Consumer: A natural person who does not act on behalf of a profession or business and enters into a remote agreement with the entrepreneur.
  • Day: A calendar day.
  • Long-term agreement: A remote contract for a series of products and/or services delivered and/or purchased over a specific period.
  • Durable medium: Any medium that allows the consumer or entrepreneur to store information addressed to them in a way that enables future reference and unaltered reproduction.
  • Right of withdrawal: The consumer’s ability to cancel the remote agreement within the cooling-off period.
  • Entrepreneur: A natural or legal entity offering products and/or services through remote selling to consumers.
  • Remote agreement: An agreement concluded between the entrepreneur and consumer using one or more means of remote communication, within a system designed for remote selling.
  • Means of remote communication: Tools that can be used to conclude an agreement without the consumer and entrepreneur being physically present at the same time.
  • General Terms: These terms and conditions of the entrepreneur.

Article 2 – Entrepreneur’s Information

  • Company Name: Brooks & Parker
  • Email Address: support@brook-parker.com

Article 3 – Scope

These general terms and conditions apply to all offers made by the entrepreneur and to all remote agreements and orders between the entrepreneur and the consumer.

Before concluding a remote agreement, the consumer will be provided with the text of these terms. If this is not reasonably possible, the consumer will be informed that the terms can be reviewed at the entrepreneur's premises and will be sent free of charge upon request.

If the agreement is concluded electronically, the text of these terms will be provided to the consumer electronically in such a way that they can be stored for future reference. If this is not reasonably possible, the consumer will be informed where to access these terms electronically and that they will be sent free of charge upon request.

If specific product or service conditions apply in addition to these terms, the consumer may invoke the most favorable provision in case of a conflict between the two.

Should any provision of these terms be invalid or void, the remainder of the agreement and these terms remain in effect. The invalid provision will be replaced by a mutually agreed upon valid provision that best reflects the original intention.

Any situation not explicitly regulated by these terms will be resolved in accordance with the spirit of these terms.

Article 4 – Offers

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

Offers are non-binding. The entrepreneur reserves the right to modify and adjust offers.

The offer will provide a complete and accurate description of the products and/or services offered, enabling the consumer to make an informed decision. If images are used, they will represent the offered products and/or services accurately. The entrepreneur is not bound by obvious errors or mistakes in the offer.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract cancellation.

Article 5 – Agreement

The agreement is established when the consumer accepts the offer and complies with the terms set forth.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until the receipt of this confirmation, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to secure data transmission and ensure a safe online environment. If the consumer is offered electronic payment options, the entrepreneur will ensure appropriate security measures are in place.

The entrepreneur may investigate the consumer’s ability to meet payment obligations and any other factors relevant to responsibly concluding the remote agreement. If there are valid reasons not to enter into the agreement, the entrepreneur has the right to refuse the order or attach special conditions, providing justification for the decision.

The entrepreneur will provide the following information, in writing or on a durable medium, with the product or service:

  • The entrepreneur's business address for complaints.
  • Conditions and procedures for exercising the right of withdrawal or a clear statement of its exclusion.
  • Information on warranties and after-sales services.
  • The information specified in Article 4(3), unless already provided to the consumer.
  • Terms for terminating agreements longer than one year or indefinite contracts.

Article 6 – Right of Withdrawal

When purchasing products, the consumer may cancel the agreement within 14 days without providing a reason. This period starts when the consumer or a designated third party receives the product.

During the cooling-off period, the consumer should handle the product and packaging carefully and may only use the product to the extent necessary to determine if they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product to the entrepreneur in its original condition and packaging.

The consumer must notify the entrepreneur of their intent to exercise the right of withdrawal within 14 days of receiving the product. The product must be returned within 14 days after this notification.

If the consumer fails to notify or return the product within the set period, the purchase is considered binding.

Article 7 – Costs of Withdrawal

If the consumer exercises the right of withdrawal, they bear the cost of returning the product.

The entrepreneur will refund the consumer as soon as possible, no later than 14 days after the withdrawal notice, provided the product has been returned or evidence of return has been provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for specific products or services if this is clearly stated in the offer.

Products exempt from the right of withdrawal include:

  • Custom-made products.
  • Perishable goods.
  • Products sealed for hygiene reasons, where the seal has been broken.

Services exempt from withdrawal include:

  • Accommodation, transport, catering, or leisure services on a specific date or period.
  • Services that have begun with consumer consent before the end of the cooling-off period.


    Article 9 – Prices

    During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to inflation.

    Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

    Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

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

    they are the result of statutory regulations or provisions; or
    the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
    The place of delivery pursuant to Article 5, paragraph 1, Turnover Tax Act 1968 takes place in the country where the transport begins. In the present case, this delivery takes place outside EU. Accordingly, the postal or courier service will collect import VAT or clearance charges from the customer. Therefore no VAT will be charged by the entrepreneur.

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


    Article 10 – Compliance and Warranty

    The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable reliability and usability standards, and any legal provisions or regulations applicable at the time the agreement was made. If agreed upon, the entrepreneur also guarantees suitability for any special use.

    Any warranty provided by the entrepreneur, manufacturer, or importer does not limit the consumer's legal rights.

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

    The entrepreneur’s warranty aligns with the manufacturer’s warranty period. The entrepreneur is not liable for ensuring that the products are suitable for a specific purpose unless explicitly agreed upon.

    Warranty exclusions apply if:

    • The consumer or a third party has altered or repaired the product without authorization.
    • The product has been subjected to abnormal conditions or handled contrary to instructions.
    • The defect results from government regulations regarding the materials used.

    Article 11 – Delivery and Execution

    The entrepreneur will exercise the utmost care when accepting and fulfilling product orders.

    Delivery will be made to the address provided by the consumer.

    Accepted orders will be executed within a reasonable period, no later than 30 days, unless another delivery period has been agreed upon. If delivery is delayed or an order cannot be fulfilled, the consumer will be notified within 30 days of placing the order. In this case, the consumer has the right to terminate the agreement free of charge and may be entitled to compensation.

    If the agreement is terminated, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

    If delivering an ordered product is impossible, the entrepreneur will make every effort to provide a suitable replacement. The consumer will be informed of the replacement product upon delivery. For replacement products, the right of withdrawal cannot be excluded, and the return shipping costs will be 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 unless otherwise agreed.

    Article 12 – Long-Term Agreements: Termination and Renewal

    Termination

    • The consumer may terminate an open-ended agreement for the regular delivery of products or services at any time, with a notice period of no more than one month.
    • The consumer may terminate a fixed-term agreement for the regular delivery of products or services at the end of the agreed period, with a notice period of no more than one month.
    • Termination must be carried out in a manner similar to how the agreement was concluded.

    Renewal

    • Fixed-term agreements for regular delivery may not be automatically renewed.
    • An exception applies to fixed-term agreements for newspapers or magazines, which may be renewed for a maximum of three months, with the consumer able to terminate the agreement with one month’s notice.
    • Agreements that are renewed indefinitely may be terminated by the consumer at any time, with a maximum notice period of one month (or three months for newspapers delivered less frequently than once a month).
    • Trial subscriptions automatically end after the trial period without automatic renewal.

    Article 13 – Payment

    Unless otherwise agreed, payments must be made within seven business days from the start of the cooling-off period, as outlined in Article 6(1). For service agreements, payment is due after the consumer receives the agreement confirmation.

    The consumer is responsible for immediately notifying the entrepreneur of any inaccuracies in the payment details.

    If the consumer fails to pay on time, the entrepreneur has the right to charge reasonable costs after notifying the consumer in advance.

    Article 14 – Complaints

    Complaints regarding the performance of the agreement must be submitted to the entrepreneur within seven days after the consumer has identified the issue. Complaints must be clear and complete.

    The entrepreneur will respond to complaints within 14 days. If more time is needed, the consumer will be informed within 14 days, along with an estimated timeframe for resolution.

    If a complaint cannot be resolved by mutual agreement, it becomes subject to a dispute resolution process.

    Filing a complaint does not suspend the entrepreneur's obligations unless explicitly agreed otherwise.

    If a complaint is deemed valid, the entrepreneur may choose to replace or repair the product at no cost.

    Article 15 – Disputes

    Agreements between the entrepreneur and consumer related to these general terms are exclusively governed by Dutch law, even if the consumer resides outside the Netherlands.

ARTICLE 16 – TERMINATION

These Terms remain in effect until either party terminates them. You may terminate these Terms by discontinuing the use of our Site.

ARTICLE 17 – ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Stay Limitless LLC and replace all prior agreements.

ARTICLE 18 – GOVERNING LAW

These Terms are governed by and interpreted in accordance with the laws of Hong Kong.

ARTICLE 19 – CHANGES TO THE TERMS OF SERVICE

We reserve the right to modify these Terms at any time. Changes will be posted on this page. Continued use of the Site after modifications have been made indicates your acceptance of the revised Terms.

ARTICLE 20 – CONTACT INFORMATION

If you have any questions or comments about these Terms, please contact us at:

  • Email: support@brook-parker.com