TERMS & CONDITIONS

These are the general terms and conditions of Pelican Brothers (“Pelican Brothers” and these general terms and conditions: the “Terms”). These Terms and Conditions apply to all orders that you place at Pelican Brothers via the webshop www.pelicanbrothers.nl or otherwise outside a physical retail space. By placing an order, you agree to the applicability of these Terms to the agreement concluded between you and Pelican Brothers.

These Terms and Conditions set out the rights and obligations of the parties that apply to your order of products via the Pelican Brothers webshop. It is therefore important that you take the time to read these Terms carefully. Pelican Brothers recommends that you save these Terms and Conditions on your computer and / or print them out and keep them for future reference.

1. Data Pelican Brothers

The full contact details of Pelican Brothers can be found below:

Pelican Brothers
Keizersgracht 391-A

E-mail: info@pelicanbrothers.nl
KVK - Number: XXX
VAT - Number: XXX

2. Your credentials

– In order to enable a proper and timely execution of the agreement by Pelican Brothers, it is important that you provide your details, such as your name, your e-mail address and the shipping address, correctly and completely in accordance with the instructions. You are responsible for the correctness of the information you provide.

- The full contact details of Pelican Brothers can be found under Article 1 of these Conditions.

– Information provided by you will only be used by Pelican Brothers in the manner indicated in the privacy statement, which you can consult on its website.

3. The offer and the agreement
– When you buy an item through the Pelican Brothers web store, you enter into an agreement with Pelican Brothers. The agreement is concluded when Pelican Brothers has sent a confirmation to the e-mail address you provided. An agreement resulting from an offer that contains an obvious mistake and / or error, such as an unusually low price, does not bind Pelican Brothers. If in doubt about the validity of an offer, please contact Pelican Brothers.

4. Price and payment
– The price displayed in the webshop at the time of ordering is a total price including all taxes and, if applicable, shipping costs. You can pay for your order in the ways indicated in the Pelican Brothers webshop. It is not possible to use Pelican Brothers gift cards in the webshop.

– For payments via online payment methods on a credit basis, such as payments by credit or debit card, Paypal, Apple pay, klarna and similar methods and services, Pelican Brothers makes the reservation that when purchasing, which makes use of these payment options that you are able to to reverse these up to 180 days after the purchase, only after at least 180 days after processing the payment, the legal ownership of the ordered articles is transferred, except in those situations in which the consumer has made use of the said option of charge-back. In that case, the legal ownership of the ordered articles remains with Pelican Brothers until agreement is reached.

– The legal ownership of any ordered article or product will at all times remain with Pelican Brothers in the event that fraudulent information has been provided, incorrect data has been provided and / or payment methods are used that do not belong to your property. This also includes fraudulent acts such as charge-backs via credit or debit card providers, whereby Pelican Brothers has not been notified of any shortcoming in the delivery made.

– If you do not comply with your payment obligation (s) on time, after you have been notified by the Pelican Brothers of a late payment and we have granted you a period of 14 days to still fulfill the payment obligations, you are payment within this 14-day period, the statutory interest is due on the amount owed and we are entitled to charge the extrajudicial collection costs incurred by us. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40.

5. Order and delivery processing
– Pelican Brothers makes every effort to process and deliver your order as well and quickly as possible. In the unlikely event that the order in question is no longer available, Pelican Brothers will inform you and refund the amount paid for the product in question. Orders are delivered to the shipping address specified by you and via the delivery method chosen by you.

– When you have an order delivered outside the European Union, it is possible that the country in question charges additional levies, such as import tax. Pelican Brothers has no influence or control over such charges and therefore cannot provide you with information about them. You must check yourself whether the items ordered by you can be exported to and imported into the country concerned and what the costs are before placing such an order.

– Ownership of products ordered by you will pass to you upon receipt of full payment by Pelican Brothers.

– Pelican Brothers takes care of the correct and complete shipment of products. In the unlikely event that you receive incomplete or damaged products, please contact Pelican Brothers.

6. Quality
– Pelican Brothers makes every effort to display products as accurately and completely as possible on its website. However, the nature of the products offered means that there may be differences (such as color differences) between the display of products on the website and the product as delivered to you. Naturally, the products from the Pelican Brothers range meet the quality you can expect from them. However, you are explicitly advised that these products have been designed primarily from an aesthetics point of view and not with an eye for optimum durability, practicality or ease of use.

– The products offered in the web shop, such as clothing and accessories, are by nature subject to wear and tear. The lifespan of a product partly depends on the material of which the product is made, the intensity of use and the degree of care. The products of Pelican Brothers are composed of the materials specified in the web shop. For an optimal lifespan and preservation of quality, it is important that you observe any washing instructions.

7. Right of withdrawal
– You have the right to cancel the agreement without giving reasons within 14 days after you have received all products from your order. This concerns the so-called reflection period. You can exercise your right to terminate the agreement by returning the completed return form to us, but this is not mandatory. You can also let us know in any other way by an unambiguous statement that you wish to terminate the agreement (such as by e-mail or by post). More information about the method of return can be found on our website.

– If you choose to cancel the agreement with regard to a product, you have the obligation to return this product to the address of Pelican Brothers as soon as possible, but no later than 14 days after you have received all products from your order. The direct costs of returning the product to Pelican Brothers are for your own account.

– In the event of termination, Pelican Brothers will refund the amount paid for the relevant product (including any paid shipping costs) immediately and in any case no later than fourteen days after receipt of the message that you wish to terminate the agreement, but no earlier than after Pelican Brothers product has been returned or you can demonstrate that the product has actually been returned. If you have chosen a different shipping method than the cheapest standard delivery used by Pelican Brothers when placing your order, Pelican Brothers will not refund any additional costs in the event of termination.

– If a product is damaged, washed, the labels have been removed, a product is incomplete or a product contains other traces of use that show that you have used the product further, you are liable to Pelican Brothers for the decrease in value caused by you. the product. Pelican Brothers will deduct this decrease in value from the amount to be refunded to you. The right of dissolution as referred to in article does not apply to products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery.

8. Changes to these Terms
– If Pelican Brothers decides to change these Conditions, it will post the changed Conditions on its website. You are advised to check regularly if the Terms have changed. Any changes will not apply to orders placed before the date of the change. These Terms were last modified on May 10, 2021.

9. Disputes
– Pelican Brothers strives to deliver the highest possible quality with regard to its products and services. In the unlikely event that you do have complaints, you can address them by telephone, post, e-mail or in another way to:

Pelican Brothers
E-mail: info@pelicanbrothers.nl

– If you have gone through the complaints procedure, but you still want to submit your complaint to another body, you can do this with the Disputes Committee via the European ODR Platform: http://ec.europa.eu/consumers/odr/.

10. Applicable law
– These Terms and Conditions and the agreements concluded between you and Pelican Brothers are governed by Dutch law, with the exclusion of the (WEENS) Vienna Sales Convention. This choice of law is without prejudice to any further protection that you enjoy on the basis of the mandatory provisions of the law that would apply without this provision.

 

PRIVACY & COOKIES

Pelican Brothers can process personal data about you, because you use the services of Pelican Brothers, and / or because you provide this to Pelican Brothers yourself when filling in a contact form on the website. Pelican Brothers can process the following personal data:

– Your first and last name
– Your address details
– Your phone number
– Your e-mail adress
– Your IP address

Pelican Brothers processes your personal data in order to be able to contact you by telephone if you request this, and / or to be able to contact you in writing (by e-mail and / or by post) if you cannot be reached by telephone. In addition, Pelican Brothers can use your personal data in the context of performing an assignment agreement concluded with you, usually consisting of legal services.

Pelican Brothers does not store your personal data longer than is strictly necessary to achieve the goals for which the data is collected. Your data will not be stored for more than a year if no agreement is reached with you. Pelican Brothers only provides your personal data to third parties if this is necessary for the execution of an agreement with you, or to comply with a legal obligation.

Cookies

General visitor data is kept on the Pelican Brothers website, including the IP address of your computer and the time of retrieval and data that your browser sends. This data is used for analyzes of visitor and click behavior on the website. Pelican Brothers uses this information to improve the operation of the website. These data are anonymised as much as possible and are not provided to third parties. Pelican Brother uses Google Analytics to keep track of how users use the website.

The information thus obtained, including the address of your computer (IP address), is transferred to and stored by Google on servers in the United States. Google uses this information to keep track of how our website is used and to provide reports about the Website to Pelican Brothers.

Google can provide this information to third parties if Google is legally obliged to do so, or insofar as these third parties process the information on behalf of Google. Pelican Brothers has no influence on this. Pelican Brothers has not given Google permission to use Analytics information obtained through Pelican Brothers for other Google services.

View, modify or delete data

You have the right to view, correct or delete your personal data. You can send a request for access, correction or deletion to info@pelicanbrothers.nl.

Security

Pelican Brothers takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized modification. The Pelican Brothers website uses a reliable SSL Certificate to ensure that your personal data does not fall into the wrong hands.