TERMS & CONDITIONS
General sales, delivery and payment terms and conditions Just Brands B.V., hereinafter referred to as "Just Brands"
Version: March 2023
Article 1. Definitions
In these general terms and conditions, the following definitions shall apply:
1.1 Customer: the natural person, not acting by virtue of their profession or business, who orders a Product from Just Brands on the Website. Also referred to in these terms and conditions as 'you'.
1.2 Just Brands: the company headquartered in the Netherlands at New Yorkstraat 50 in (1175 RD) Lijnden. Registered with the chamber of commerce with number: 33241012. In these terms and conditions also referred to as 'we' and 'us'.
1.3 Parties: Just Brands and Customer together.
1.4 Product: an item offered for sale by Just Brands on the Website.
1.5 Order: an order placed by Customer for the delivery of one or more Products according to the order procedure described in Article 3.
1.6 Gift card: means a voucher, whether electronic or printed, issued by Just Brands and sold by Just Brands or a third party designated by Just Brands.
1.7 Purchase price: the price listed on the Website for a Product (including VAT and – If applicable – shipping costs).
1.8 Agreement: an Order accepted by Just Brands.
1.9 Delivery: the moment when the Order is presented at the delivery address provided by the Customer through a carrier appointed by Just Brands.
1.10 Website: Just Brands offers its Products for sale online through the websites www.pme-legend.com, www.vanguard-clothing.com, www.castiron-clothing.com, www.justbrands.nl, www.jbfo.nl, www.outlet.pme-legend.com.
Article 2: General / application
2.1 These terms and conditions apply when you as a Customer purchase something from Just Brands through the Website. They also apply to the offers made there. These terms and conditions tell you what we do for you and what you can expect from Just Brands. Sometimes additional terms and conditions apply to a particular Product or service. These additional terms and conditions apply in addition to general these terms and conditions.
2.2 If one (or more) Article(s) of these general terms and conditions is declared invalid, it shall be replaced by a new comparable provision to be determined by Just Brands. The other provisions of the general terms and conditions shall remain in full force and effect and shall not be affected by the invalid provision.
2.3 The general terms and conditions may be amended by Just Brands at any time. Just Brands will place the most recent version of the general terms and conditions on the Website where you can access or download them at any time. The version of the terms and conditions that applies to your order is the version on our Website at the time you place the Order.
2.4 Just Brands is permitted at all times to engage third parties to help fulfill its obligations under the Agreement entered into with Customers.
Article 3. Offer / acceptance
3.1 To place an Order via the Website, you must agree to our terms and conditions. You do so by ticking the appropriate field on the Website 'I accept the terms and conditions'. By ticking this box you confirm that you agree with the contents of these general terms and conditions and by placing the Order the Agreement is then concluded. The Privacy Statement and disclaimer posted on the Website form part of the Agreement.
3.2 The ordering procedure on the Website is as follows. Customer: (i) selects the desired Product(s) and adds it to his shopping basket; (ii) fills in its address details; (iii) fills in (if the desired delivery address is not the same as the address provided) the desired delivery address; (iv) chooses one of the payment options displayed on the Website; (v) checks its order; (vi) ticks 'I accept the terms and conditions; (vii) proceeds to pay the Purchase Price.
3.3 Customer will receive confirmation from Just Brands of the conclusion of the Agreement by email.
3.4 Just Brands reserves the right not to accept the Order if (among other things):
(i) the value of the Order, at the discretion of Just Brands, is too high; (ii) the data entered by the Customer is incomplete or incorrect; (iii) the delivery address is outside the delivery area as defined in article 6.4.
3.5 Just Brands shall, if it does not accept the Order pursuant to Article 3.4, refund the Purchase Price paid by the Customer of the rejected order as soon as possible, but at the latest within 30 days, using the same payment method that was used to pay for the Order.
Article 4. Prices
4.1 We always try to tell you as clearly as possible how and at what price you can buy Products. Our prices always include VAT. Shipping costs are calculated separately and are only charged if applicable to your order.
4.2 If shipping costs apply to your Order, the amount of the shipping costs will be displayed separately on the Website and will be part of the Purchase Price of the Product. The total Purchase Price will be displayed both when placing the Order and when confirming the Agreement.
4.3 If there is an offer or sale, that price only applies during a certain period and only while stocks last. You cannot derive any rights from this.
4.4 Just Brands expressly reserves the right to change prices. The prices displayed at the time of placing an Order are the prices that apply to the Agreement.
4.5 Error on the product page? If so, please contact us. In general we are not bound by obvious mistakes or errors, but we are always willing to check whether it is still possible to offer you the Product at the same conditions. However, you can never derive any rights from incorrect prices or other evidently incorrect statements.
4.6 Sometimes we add free items to your Order. At a certain purchase value, you will receive a promotional item from us with your Order. The promotional item will then be added with a value of € 0 to the Order summary and the invoice. You are only entitled to the promotional item for free if the purchase price of the Order after any return is still above the indicated value. If the purchase value of your order after returning one or more Products is below the minimum purchase value as needed for the promotional item, you must also return this promotional item within 14 days. If the promotional item is not returned we will charge you with the value of the promotional product. Just Brands is entitled to deduct the value of the promotional product from the value of the returned Products and deduct this from the amount we refund you after the return. Just Brands also reserves the right to stop refunding the value of returned Product(s) until the Action Product obtained has been returned or until the original amount of the promotional item has been paid.
Article 5. Payment
5.1 We work every day to create a secure online environment to ensure that you can safely shop with us on our Website. You can therefore exclusively pay by using one of the available payment methods we offer.
5.2 After your payment has been successfully made and the Order has been placed, you will receive a confirmation email. We will keep you informed of the progress of your shipment until your package arrives. After placing your Order you will receive the invoice by email as soon as possible so that you always have proof of your purchase. This may take up to a few days.
Article 6. Delivery
6.1 When placing an order you enter and check your address yourself. This means that you are responsible for the accuracy thereof. DHL does the delivery for us, which we will arrange for you. We ship as soon as possible to the address you provide and keep you informed by e-mail with a tracking code from DHL. The estimated delivery time is 1-2 working days. Sometimes your parcel arrives later due to circumstances out of our control. Unfortunately, exceeding the expected delivery time does not entitle you to compensation or discounts. In case of questions or delays you can always contact us. We will see what we can do for you.
6.2 Did your parcel not arrive? Please contact our customer services. We will work on a suitable solution for you.
6.3 If an Order cannot be delivered in whole or in part, you will receive notification from us no later than 14 days after the conclusion of the Agreement. In that case, you may cancel the Agreement free of charge.
6.4 We deliver to more and more countries in Europe. You can find an up-to-date overview of all countries we ship to at our FAQ.
6.5 The risk relating to damage or loss of the Product passes to Customer at the time of Delivery.
Article 7. Gift card
7.1 Each Gift Card is provided with a unique code. This can be a number code and/or PIN and/or text code and is issued only once. You must store the Gift Card (including the code) carefully. In case of theft (including use of the code by unauthorized third parties) or loss (including (accidental) deletion of emails), we unfortunately cannot re-issue the code and no refund will be made. Only original Gift Cards and codes can be used and must be provided to Just Brands upon request for verification. Just Brands reserves the right to accept a Gift Card only upon receipt of the original Gift Card (in the case of an electronic gift card, the email sent to you by Just Brands or a third party appointed by Just Brands containing the code must be shown). In the event of improper use, Just Brands may still require payment in cash. If a Gift Card was purchased from a third party, please keep the receipt and top-up certificate carefully. This is your proof of purchase.
7.2 To use a Gift Card, you must place your selected Products in the "cart". During the payment process, select "Gift Card" as payment method and enter the exact code.
7.3 The nature, value, duration, expiry date and/or any applicable other specific conditions of use can be found on the Gift Card/or in the message (email) containing the code. Each Gift Card is valid for a certain period of time. After the expiry date, the Gift Card can no longer be used.
7.4 Gift Cards issued by Just Brands and/or third parties designated by Just Brands can only be used for purchases via the Website and in Just Brands' shops.
7.5 Gift Cards cannot be used to pay outstanding invoices.
7.6 Gift Cards or their remaining value, if any, are not redeemable for cash.
7.7 The remaining value of Gift Cards can be used for subsequent Orders or shop purchases as described in article 7.4. The current value of a Gift Card is visible in your account. The residual value is not transferable to another account and can only be used during the validity period of the Gift Card.
7.8 If the total amount of the Order exceeds the value of the Gift Card(s) used, the difference must be paid with one of the other payment methods offered. You can use an unlimited number of Gift Cards and/or a maximum of 1 discount code per Order.
7.9 If an Order is returned which has been paid in full or in part using a Gift Card, refunds will be made by increasing the balance on the Gift Card. Just Brands retains the right to replace your Gift Card or code with an alternative code or credit with the same value.
7.10 It is not permitted to alter, forge, subvert or otherwise compromise Gift Cards or their operation (including hacking). Any (attempted) fraud or other unauthorized act will be recorded and will result in the use of Gift Cards being denied.
7.11 It is not permitted to use Gift Cards in any way for commercial purposes and/or purposes other than those for which they were issued.
7.12 If you have any questions or comments about the use of a Gift Card or any problems redeeming it, please let us know immediately by contacting our customer service team. Just Brands will then respond to your query as soon as possible.
Article 8. Discount codes
8.1 Each discount code is valid for a certain period of time. After this period, the discount code can no longer be used. The nature, duration and expiry date of a discount code and other specific conditions of use can be found in the communication with which the discount code was issued.
8.2 In many cases, digital discount codes are linked to an e-mail address. The discount code will only work if the e-mail address in question is used when ordering Products. The discount code cannot be used in combination with any other e-mail address.
8.3 Discount codes issued by Just Brands can be used for purchases through our Website. Discount codes are not valid for items offered by third parties, such as items from external Just Brands sellers and second-hand items.
8.4 You cannot use discount codes for outstanding invoices.
8.5 Unless otherwise stated, each discount code can only be used once per person and per e-mail address.
8.6 If you return the Products for which you have used the discount code, the discount code will no longer be valid.
8.7 You cannot exchange discount codes for cash. You cannot use a discount code to obtain a discount on Products other than the selected Products to which the relevant discount code applies and which are further described in the communication in which the discount code is issued.
8.8 Discount codes are issued once only. In case of theft or loss, no compensation will take place. Loss also includes the (accidental) deletion of e-mails.
8.9 You may not modify or falsify discount codes including hacking, spreading viruses, spamming or forwarding (forwards). You may not use discount codes for commercial purposes and/or purposes other than those for which the discount codes were issued. Any (attempted) fraud or other unauthorized act will be put on record and will result in the use of discount codes being denied.
8.10 The discount code is not valid in combination with other discounts or offers.
Article 9 Returns
9.1 You may return a Product free of charge within 30 days of Delivery using the return label provided. You do not need to give us a reason for your return. You may of course try on the Products but not wear and/or wash them. Please keep the labels attached if you wish to return. Without these labels, we may refuse your return.
9.2 If you return Products on time and in unworn condition, we will refund your payment including shipping costs, or, if a Product is still available in the desired size and/or design, you may choose to exchange a Product. If the value of the new Product is higher than that of the returned Product, the difference must be paid by one of the offered payment methods. Refunds will be made using the same means of payment used for the original transaction.
9.3 Should you be unable to return a Product within 30 days due to a circumstance out of your control, please contact our customer service team in advance so we can see if we can extend your term of return.
9.4 Some Products unfortunately cannot be returned. This applies to personalized Products manufactured to Customer's specifications. Some other Products can only be returned for reasons of health protection or hygiene if the seal has not been broken after Delivery. If a Product cannot be returned after breaking the seal, this is clearly stated in the Product specifications.
Article 10. Liability
10.1 Just Brands shall not be liable to the Customer for any damage of whatever nature, including direct damage, indirect damage, consequential damage and incidental damage, that the Customer suffers because of the Agreement, except insofar as Article 10.2 applies.
10.2 These terms and conditions do not limit or exclude the liability of Just Brands in respect of matters which we cannot limit or exclude by law.
10.3 The accumulated liability of Just Brands on account of an attributable failure in the performance of the Agreement or for any other reason shall at all times be limited to compensation of damages up to a maximum of the amount of the Purchase Price of the Order. In the event of damage due to death or physical injury caused by our negligence or that of our employees, the liability of Just Brands is limited to the maximum amount covered by our insurance, being € 2.500.000 per claim or related series of events.
Article 11. Complaints
11.1 After Delivery of the Product you must examine whether the Product complies with the Agreement. Any defects must be reported to Just Brands in writing, fully and clearly motivated as soon as possible after Delivery. Just Brands is entitled to request images of the defects in order to assess the complaint.
11.2 In case of a complaint or query please contact our customer service at: email@example.com.
11.3 Complaints and queries received will be answered as soon as possible, but no later than 14 days after receipt. If a complaint or query requires a foreseeably longer processing time, Just Brands will communicate this within 14 days, stating the time frame within which you can expect an answer from us.
Article 12. Force majeure
12.1 In the unlikely event that Just Brands is unable to fulfil the Agreement due to circumstances that are not attributable to Just Brands and are not due to its fault, Just Brands shall be entitled to execute the Agreement at a later date or to cancel the Agreement in whole or in part. Such circumstances should be understood to include but not be limited to fire, transport difficulties, strike, bankruptcy of the third parties engaged by Just Brands, stagnation in the products to be supplied by third parties, earthquake, pandemic, flooding, war and threat of war.
12.2 Customer cannot claim compensation in a situation as referred to in paragraph 1 of this article. Upon dissolution of the Agreement, we will of course refund the amounts paid to you.
Article 13: Conformity
13.1 Just Brands guarantees that the Product complies with the Agreement.
13.2 We do our best to give you the best possible picture of our Products. The color you see depends on various factors, such as the quality of your screen or device, app version used, computer system and settings. Customer acknowledges that minor or technically difficult to avoid deviations in size, quality, finish, color etc. with regard to the Product may occur and cannot be a justified reason for a complaint in the sense of Article 11.
13.3 Customer further acknowledges that complaints about the fact that certain items have been removed from the collection cannot be a legitimate reason for a complaint within the meaning of Article 11 either.
13.4 Just Brands cannot be held liable for the damage suffered by Customer for based on Articles 13.2 and 13.3.
Article 14. Privacy
Article 15. Applicable law / competent court
15.1 Any agreement between Just Brands and Customer shall be governed exclusively by Dutch law.
15.2 Disputes between Just Brands and Customer will be submitted to the competent court.
General information about Just Brands
Just Brands B.V.
New York Street 50
1175 RD Lijnden
Chamber of Commerce registration number: 33241012
Telephone: +31 (0)88 0530 550
The European Commission offers an online dispute resolution platform for Customers, which you can find at http://ec.europa.eu/Customers/odr/. We do not participate in any dispute resolution process.