Terms & conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.blackrabbit.jp website (the “Service”) operated by Black Rabbit BV (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Or download the Dutch version here: Algemene voorwaarden Black Rabbit
1.1 These are the terms and conditions of Black Rabbit (BR), Postal address on Wittenburgergracht 189, 1018 ZK in Amsterdam, The Netherlands, and registered in the Trade Register of the Chamber of Commerce Amsterdam under number 60119500.
1.2 These terms and conditions are applicable to the website of BR and all agreements with you. By ordering and purchasing items online you accept these terms and conditions.
1.3 All trade relations between you and BR shall be governed by and construed in accordance with the Dutch Law.
2.1 The design of this website and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this website (collectively, “Content” ) are protected by Dutch copyright laws and other Dutch and International laws and treaties.
2.2 All content is provided by BR as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use. This limited license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this website, any of the Content, or any related software; (b) you may not access or use the website for any competitive or commercial purpose; and (c) you will not permit any copying of our Content.
2.3 Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the content is prohibited.
2.4 BR may revoke this limited license at any time for any reason.
2.5 Linking to this website or any of its content are not permitted without an explicit written permission from BR.
3. TRADEMARKS AND INTELLECTUAL PROPERTY
3.1 BR takes pride in its brand and fashion collection. Unauthorized use of its trademarks, trade names and logos without an explicit written permission is strictly prohibited.
3.2 The rights of intellectual property regarding the products customized by BR belong exclusively to BR.
3.3 BR will enforce its intellectual property rights to the fullest extent of the law.
4.1 You can place an order by adding all desired items in the SHOPPING CART, proceeding to the CHECK OUT and paying for the order.
4.2 BR will send a confirmation and summary of the order by e-mail.
4.3 There is a valid agreement as soon as BR has received your payment.
4.4 It is your responsibility to make sure all information that is required and necessary for the execution of the order is correct, complete and up-to-date.
4.5 BR reserves the right to refuse to complete an order for any reason and/or to refuse service to anyone at any time in its sole discretion. In this case BR will refund the total amount paid for the refused order within 30 days.
5.1 The prices listed on the website are in Euros (€) and include VAT. Shipping costs are not included in the price unless explicitly declared otherwise. Shipping costs will appear in the Shopping cart.
5.2 Any and all customs or import duties and/or local taxes are for your own account.
5.3 Prices are subject to change at any time, but will not affect the amount payable as part of a valid order that has been confirmed by BR by e-mail.
5.4 All information regarding prices, specifications etc. as listed on the website is placed with the utmost care, but BR cannot guarantee its accuracy. Therefore BR is not obliged to complete and deliver any orders that were placed on the basis of incorrect or incomplete information.
5.5 Shipping costs of BR are based on the average costs of international shipping to various countries. In most cases, these costs match the actual costs but in some rare cases, the difference between the shipping costs you agreed to upon ordering and the costs BR has to make for shipping the item(s) to you are too big, in which case BR is required to request you for additional payment. If you are in doubt about shipping costs to your country, please mail BR before ordering the item(s).
6.1 Every order will be shipped as soon as BR has received the complete payment.
6.2 You can pay for the order by using one of the following payment methods:
– PayPal Creditcard (Visa, MasterCard)
– iDEAL (only for The Netherlands)
– Any other payment method offered in the Shop
6.3 After receiving the full payment BR will send a confirmation by e-mail.
6.4 If you pay by creditcard(number) you confirm that the creditcard that is being used is yours.
6.5 All creditcard holders are subject to validation checks and authorisation by the card issuer. If the issuer of the payment card refuses to authorise payment to BR, delivery of the items will be postponed and BR will contact you. In that case BR shall not be liable for any delay or non-delivery.
7.1 BR shall do its utmost to deliver all items within the periods as indicated on the website. However, for this BR is dependent on its couriers. Therefore the delivery periods are indicative only and BR shall never be liable for the consequences of exceeding the term of delivery and is never required to recover any kind of damage.
7.2 You will receive a confirmation by e-mail as soon as your order has been shipped.
7.3 The risk in the items shall pass from BR to the addressee upon delivery.
7.4 You are required to inspect the delivered items on completion and deficiency within 14 days after delivery. In case of any alleged incompleteness or defect you must give notice to BR by e-mail or telephone within this period of 14 days.
8. RETURNS AND EXCHANGES
8.1 All items purchased online from BR can be returned or exchanged after notifying BR within 14 days upon delivery. Notification must take place by e-mail or telephone with the reason for return and the order number mentioned. The return form, added to each order MUST be used.
8.2 Notification shall automatically terminate the agreement between you and BR. This obliges you to return the items in its original packaging, including hang tags in place, to BR within 5 days after notification.
8.3 You will be responsible to pay for the shipping costs, unless we have delivered incorrect items.
8.4 Returned items must be identified by enclosing the original invoice. Unidentified items may be returned to you without exchange or refund.
8.5 All accurately returned items will be, depending on your wish, exchanged and sent back to you free of charge within 5 working days after delivery to BR, or these will be credited as a refund (excluding paid shipping costs) to your creditcard or bank account within 30 days (depending on the payment method you used).
8.6 All returned items must be in the same condition as it was send to you with all the original packaging and garment tags still attached. In the same condition means that there are no holes, cuts or stains on the item that weren’t there before. All items undergo a quality inspection before shipment to assure you that you will get products in a new condition.
8.7 In case the returned items are not in the perfect condition they were sent, the items will be sent back to you and the agreement between you and BR will not have been terminated.
8.8 BR does not refund customs and import duties or sales taxes for shipments to countries outside the European Union.
8.9 BR does not accept returns on items that were not purchased through the website.
9.1 BR respects your privacy. Therefore the information you provide us through the website will only be used to process your order and to inform you on and about Black Rabbit.
9.2 BR shall never provide information about you to third parties, unless, on the ground of a legal provision or a judgement, BR is obliged to provide confidential information to third parties pointed out by law or judgement and BR cannot succesfully appeal a recognized or permitted right to refuse to answer questions. In this case BR does not have the obligation to recover or repair damages.
The liability of BR towards its customers is limited to the purchase price of the ordered items including paid shipping costs. BR will never be liable for any loss of profits or goodwill or any other consequential damages.
11. SUPERIOR FORCES
11.1 BR is not obliged to fulfil any obligation in case it is hindered to do so by superior forces.
11.2 Under superior forces is understood, along with the practices thereof in law and jurisprudence, all outer causes, whether or not foreseen, BR is not capable of influencing.
11.3 During the period of superior forces the obligations of BR shall be postponed. In case this period lasts longer than 30 days, both parties are entitled to terminate the order without further obligation of recovering any damage.
11.4 Under superior forces is also understood those situations in which you have provided incorrect or incomplete information to BR. In this case BR is not liable for any kind of damage, unless the incorrectness or incompleteness of the information should have been known by BR.
Black Rabbit (BR) is registered in the Trade Register of the Chamber of Commerce Amsterdam under number 60119500