Terms & Conditions

Article 1 – Definitions

1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Provider or a third party on the basis of an arrangement between this third party and the Provider;
2. Reflection period: the period during which the Consumer may use his/her right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
7. Sustainable data carrier: any means, including email, that allow the Consumer or the Provider to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible;
8. Right of withdrawal: the Consumer's option not to proceed with the distance agreement within the cooling-off period;
9. Provider: the natural of legal person who provides products, (access to) digital content and or services to Consumers at a distance;
10. Distance contract: a contract concluded by the Provider and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
11. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Provider being together in the same place at the same time.

Article 2 – The Provider

FXbrands B.V., tradename FXbrands.

Business address:

Beechavenue 54-62
1119 PW Schiphol-Rijk
The Netherlands
phone: +31 (0)20 658 6196
e-mail: [email protected]

Depot:

Oderweg 1
1043 AG Amsterdam
The Netherlands

CoC: 71350624
VAT: NL8586.81.158.B01
IBAN: NL14 RABO 0329 2432 17

Article 3 – Liability and Disclaimer

1. The best possible care and attention has been given to the construction and content of the Provider's webshop. However no rights can be derived from the information given in the Provider's webshop, nor is Provider liable for any damage that may occur as a consequence of using the webshop, either being available or unavailable, or from incorrect or incomplete information in the Provider's webshop.
2. Inappropriate use of texts, logos, images and/or pictures from the Provider's webshop is prohibited.
3. The usage of the materials and/or products from the Provider's webshop is done at the Consumer's own risk.
4. No warranty applies to any car customisation product, in particular when fitted or used, unless explicitly issued and indicated as such by the manufacturer(s).
5. For the actual usage of the materials and/or products from Provider's webshop the Consumer is obligated to follow the instructions and/or manuals that are supplied with it, if any.
6. The Provider is not liable for any consequences which may occur as a result from inappropriate or unintentional use of the materials and/or products from its webshop.
7. For all the materials and/or products in the Provider's webshop, only the original guarantee and (technical) support from their manufacturer(s) and/or supplier(s) are applicable. Provider does not offer any (additional) guarantee, but of course will do its utmost best to support the Consumer in the area of customer service and communication with its manufacturer(s) and/or supplier(s).

Article 4 – Applicability

1. These Terms and Conditions apply to any offer from the Provider and to any distance contract concluded by the Provider and the Consumer.
2. Before concluding a distance contract, the Provider shall make the text of these Terms and Conditions available free of charge and as soon as possible. This will be done by means of publication via Provider's webshop. If this is reasonably impossible, the Provider shall indicate in what way the Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer's request free of charge, either via electronic means or otherwise, before concluding the distance contract.
4. In the event that specific product or service condition apply in addition to these Terms and Conditions, the second and third sub-clauses shall apply accordingly, and in the event of contradictory Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.

Article 5 – The Offer

1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer. If no duration has been mentioned, the offer will only be valid for 7 days at most.
2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Provider makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Provider.
3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

Article 6 – The Contract

1. Subject to the provisions in sub-clause 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the Terms and Conditions set.
2. If the Consumer accepted the offer via electronic means, the Provider shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. If the contract is concluded electronically, the Provider will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Provider shall observe appropriate security measures.
4. The Provider may, within the limits of the law, gather information about Consumer's ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Provider has sound reasons for not concluding the contract, he/she is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, the Provider shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
   1. the visiting address of the Provider's business establishment where the Consumer may get into contact with any complaints;
   2. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his/her being exempted from the right of withdrawal;
   3. the information corresponding to existing after-sales services and guarantees;
   4. the price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
   5. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
6. In case of a continuing performance contract, the stipulation in the previous sub-clause only applies to the first delivery.

Article 7 – Right of withdrawal

1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of 14 days. The Provider may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
   1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Provider may refuse an order of several products with different delivery dates provided that he/she clearly informs the Consumer prior to the order process;
   2. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part;
   3. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.

Article 8 – Consumer's obligations during the time of reflection

1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-clause 1.
3. The Consumer is not liable for the decrease in value of the product if the Provider has not provided him/her with all legal information about the right of withdrawal before concluding the Agreement.

Article 9 – Exercising the Consumer's right of withdrawal and the costs

1. If the Consumer exercises his/her right of withdrawal he shall notify the Provider unambiguously via e-mail ([email protected]), within the period of reflection.
2. The Consumer shall return the product or deliver it to (the authorised representative of) the Provider as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the Provider offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Provider.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the product. If the Provider pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
6. The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if
   1. prior to the delivery, he/she has not explicitly consented to start performance of the agreement before the end of the period of reflection;
   2. he/she did not acknowledge to lose his/her right of withdrawal when giving consent; or
   3. the Provider failed to confirm the Consumer's statement.
7. If the Consumer exercises his/her right of withdrawal, all additional agreements end by operation of law.

Article 10 – Provider's obligations in case of withdrawal

1. If the Provider makes the notification of withdrawal by electronic means possible, he/she shall promptly send a return receipt.
2. The Provider shall reimburse any payments made by the Consumer, as soon as possible but within 14 days following the day on which the Provider actually received and accepted the returned product. Unless the Provider offers to collect the product him- or herself, he/she can wait with paying back until having received the product or until the Consumer proved that he/she returned the product, whichever occurs first.
3. The Provider shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery - chosen from the list of available delivery methods as presented during checkout - instead of the cheapest method of (standard) delivery, the Provider need not reimburse the additional costs for the more expensive method of delivery.
5. If the Consumer opted for custom shipping costs, by means of an explicit quoted shipping, the Provider need not reimburse these custom shipping costs.

Article 11 - Exclusion of the right of withdrawal

The Provider can exclude the following products and/or services from the Consumer's right of withdrawal:

1. Products or services with a price that is subject to fluctuations in the financial market on which the Provider has no influence and which may occur within the period of withdrawal;
2. Products offered on sale or products made to order (backorder) or custom made products, including (but not limited to) vehicle accessories, car bodykits, wheels, pre-assembled products or specific requests from the Consumer;
3. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Provider offers products, digital content and/or services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services;
4. Services agreements, after full performance of the service, but only if 
   1. the performance started with the Consumer's explicit prior consent; and
   2. the Consumer stated that he/she will lose his/her right of withdrawal as soon as the Provider has fully performed the agreement.
5. Products manufactured in accordance with the Consumer's specifications which are not prefabricated and which are produced on the basis of a Consumer's individual choice or decision or which are intended for a specific person;
6. Perishable products or products with a limited durability;
7. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
8. Products which for their nature are irreversibly mixed with other products;
9. Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the Provider cannot affect;
10. Sealed audio and video recordings and computer programs of which the seals were broken after delivery;
11. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
12. The delivery of digital content other than on a physical carrier, but only if:
    1. the performance was started with the Consumer's explicit prior consent;
    2. the Consumer stated that he/she will lose his/her right of withdrawal by doing so.

Article 12 - The price

1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous sub-clause, the Provider may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Provider's control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the Provider has stipulated it and
   1. they are the result of legal regulations or stipulations, or
   2. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
5. All prices indicated in the provision of products or services are excluding VAT and shipping costs.

Article 13 – Delivery and execution

1. The Provider shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to the Provider.
3. With due observance of the stipulations in Article 5 of these Terms and Conditions, the Provider shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
4. The repudiation as mentioned in the previous sub-clause is not possible for the products as mentioned in sub-clause 2 and 5 of Article 11.
5. After repudiation in conformity with the preceding sub-clause, the Provider shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
6. The risk of loss and/or damage to products will be borne by the Provider until the time of delivery to the Consumer or a representative of the Consumer, unless explicitly agreed otherwise.
7. When delivery at the address given by the Consumer is not possible, or when Consumer has not picked up the delivery in time from an intermediate storage facility such as - but not limited to - a Post Office, and as result from which the product(s) are then returned back to Provider, the Consumer shall bear all costs involved with returning the product(s), plus the original costs of shipping the product)s) to the Consumer.

Article 14 - Promotional discounts and products

1. The Provider may issue occasional promotions for discounts or free products via its webshop, mailings, vouchers, directly or social media channels.
2. A promotional discount or product may involve free shipping, a free product or a discount for one of more products, and might be constrained with a minimal order spending limit - as specified with the promotion - which has to be reached first before the promotional discount or product can be applied to the order.
3. A minimal order spending limit only applies to the (combined) retail prices of all products in an order, and does not include additional costs such as - but not limited to - for payment, shipping and VAT.
4. In case of a full or partial refund of the order on which the promotional discount or product was applied, and after which the order does not comply anymore to the minimal order spending limit as specified with the promotion or when this effectively results in cancellation of the order, the promotional discount will be deducted from the refund.
5. In addition to the previous sub-clause, the following applies:
   1. in case of one or more promotional product(s), then its (combined) retail price(s) will be deducted from the refund;
   2. in case of free shipping, then the shipping costs will be deducted from the refund. 

Article 15 – Continuing performance agreements: duration, termination and renewal

Termination

1. The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month's notice.
2. The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month's notice.
3. The Consumer can cancel the agreements mentioned in the preceding sub-clauses:
   • at any time and not be limited to termination at a particular time or in a given period;
   • at least in the same way as they were concluded by him/her;
   • at all times with the same notice as the Provider stipulated for him- or herself.

Extension

4. An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
5. Notwithstanding the preceding sub-clause, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of three months at the most if the Consumer can terminate this extended agreement towards the end of the extension with a notice of one month at the most.
6. An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.
7. An agreement with limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.

Duration

8. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.

Article 16 – Payment

1. All products in the Provider's webshop are to be paid in full by the Consumer after which the created order is executed by the Provider.
2. Different methods for payment are offered to the Consumer; any additional costs (if applicable for a payment method) will clearly be mentioned at checkout.
3. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
4. The Consumer has the duty to inform the Provider promptly of possible inaccuracies in the payment details that were given or specified.
5. In case the Consumer has not complied with his/her payment obligation(s) in time, and the Provider has pointed out to him/her that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Provider is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Provider may deviate from the aforementioned amounts and percentages in favour of the Consumer.
6. At suspected fraud of payment methods or the likelihood of negligence to fulfil payment by the Consumer, the Provider will cancel the order after a minimum of 4 days after creation of the order.

Article 17 - Complaints procedure

1. The Provider has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the Provider within 14 days after the consumer has discovered the defects.
3. Complaints submitted to the Provider, if complied to the previous sub-clause, will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Provider will respond within the period of 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed answer.
4. It is also possible to register complaints via the European ODR platform.

Article 18 - Disputes

1. Only Dutch law applies to agreements between the Provider and the Consumer to which these Terms and Conditions apply. Even if the Consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 19 - Additional provisions

Additional provisions to these Terms and Conditions can be found on Provider's webshop in separate sections such as, but not limited to Disclaimer and Shipping & Returns.

Article 20 - Additional languages 

These Terms and Conditions are only supplied in the English language.

• The Consumer agrees to have understood these Terms and Conditions and is fully aware that these Terms and Conditions will not be supplied in their own native language.
• De Consument gaat ermee akkoord deze Algemene Voorwaarden te hebben begrepen en is zich er volledig van bewust dat deze Algemene Voorwaarden niet in de eigen taal zullen worden geleverd.
• Der Verbraucher stimmt zu, diese Allgemeinen Geschäftsbedingungen verstanden zu haben, und ist sich dessen bewusst, dass diese Allgemeinen Geschäftsbedingungen nicht in ihrer Muttersprache bereitgestellt werden.
• Le Consommateur accepte d'avoir compris les présentes conditions générales et est pleinement conscient du fait que ces conditions générales ne seront pas fournies dans leur propre langue maternelle.
• Il Consumatore accetta di aver compreso questi Termini e Condizioni ed è pienamente consapevole che questi Termini e Condizioni non saranno forniti nella propria lingua madre.
• El Consumidor acepta haber comprendido estos Términos y Condiciones y es plenamente consciente de que estos Términos y Condiciones no se proporcionarán en su propio idioma nativo.
• O Consumidor concorda em ter entendido estes Termos e Condições e está plenamente ciente de que estes Termos e Condições não serão fornecidos em seu próprio idioma nativo.
• Tüketici, bu Şartlar ve Koşulları anladığını kabul eder ve bu Şartlar ve Koşulların kendi anadillerinde sağlanmayacağının bilincindedir.
• Konsument zgadza się zrozumieć niniejsze Warunki i jest w pełni świadomy, że niniejsze Warunki nie będą dostarczane w ich własnym języku ojczystym.
• Ο Καταναλωτής συμφωνεί να έχει κατανοήσει τους παρόντες Όρους και Προϋποθέσεις και έχει πλήρη επίγνωση ότι οι παρόντες Όροι και Προϋποθέσεις δεν παρέχονται στη μητρική τους γλώσσα.