Terms of Use

INDEX

ARTICLE 1 - DEFINITIONS

The following definitions apply in these terms and conditions:

  1. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
  2. Trader: a natural or legal person who is a member of Garden Barn, Inc. and who offers products, (access to) digital content and/or services to consumers
  3. Platform: website operated by the trader

By continuing to access or use the Platform and/or any of the services therein, the consumer represents the age of at least 18 years old, has read, understood and agreed, without limitation, to be bound by these Terms and Privacy Policy. If the consumer does not agree to be bound by this Agreement, the consumer must not access the Platform.

ARTICLE 2 - IDENTITY OF THE TRADER

Name trader: Garden Barn, Inc. (Brabantia Philippines)

Contact:

Monday to Friday - 09:00 until 17:00

Phone: 8833 1080

E-mail: brabantia@gardenbarninc.ph


ARTICLE 3 - THE PLATFORM

In using the Platform, the consumer agrees to:

  1. Ensure all data, including the consumer’s identity, submitted are accurate and agree to take sole responsibility for such information and data;
  2. Keep the confidential information, such as password, to himself; any compromise on the account should be reported immediately to the company to take necessary actions in possibly disabling account access;
  3. Not attempt any activity that would interrupt the operations of the business

ARTICLE 4 - THE OFFER

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer contains an accurate description of the products, digital content and/or services being offered to the best of the abilities of the trader. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer, but some content may not be free from error. If the trader makes use of illustrations, these may differ from the actual item being offered, depending on the device screen used.
  3. The trader may, at any time, change the price and other specifications of the offer without prior notice.

ARTICLE 5 - THE CONTRACT

  1. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can propose order changes as long as this acceptance has not been confirmed by the trader.
  2. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the agreement. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
  3. The trader will make available to a consumer the following information:
    1. the office address and contact details of the trader where the consumer can lodge concerns;
    2. the conditions under which the consumer can make use of the refunds, warranty, and the method for doing so;
    3. information on guarantees and existing after-sales service;
    4. the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the agreement;
    5. the requirements for refund policies, if the duration of the contract 7 days or if it is indefinite;

ARTICLE 6 - RIGHT OF WITHDRAWAL

    Upon delivery of products:

  1. When purchasing products, a consumer has the right to inform the trader of reasons for refund and exchanges (referred to as “withdrawal”). The trader has the right to ask, accept, or reject a consumer for the reason for this activity.
  2. The trader, with the best of its abilities, delivers the products of a consumer within the specified period. The consumer must consent to possible unexpected delays in delivery once products have been purchased.
  3. The trader, with the best of its abilities, informs the consumer of changes in order, unavailability of product, or the like.
  4. The period stipulated in paragraph (1) commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
    1. if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.
    2. if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;

ARTICLE 7 - CUSTOMERS’ OBLIGATIONS IN CASE OF WITHDRAWAL

  1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
  2. The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in paragraph (1).

ARTICLE 8 - CUSTOMERS WHO EXERCISE THEIR RIGHT OF WITHDRAWAL AND THE COSTS INVOLVED

  1. A consumer who wants to exercise his right of withdrawal shall report this to the trader, within the refund and exchange validity period, by contact through mobile, landline, email, in-store, or in some other unequivocal way.
  2. As quickly as possible, but no later than the refund and exchange validity period, the consumer shall return the product, or hand it over to (a representative of) the trader, if applicable. This is not necessary if the trader has offered to collect the product himself. The consumer will, in any case, have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
  3. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
  4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
  5. The consumer bears the direct costs of returning the product. If the trader has not declared that the consumer shall bear these costs or if the trader indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.

ARTICLE 9 - TRADERS’ OBLIGATIONS IN CASE OF WITHDRAWAL

  1. If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
  2. The trader reimburses the consumer with payment of the product/s refunded, if applicable. Except in cases in which the trader has offered to retrieve the product himself, he can postpone refunding, if any, until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
  3. For any reimbursement, the trader will advise the consumer of the payment method that will be used. Reimbursement is free of charge for the consumer.
  4. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

ARTICLE 10 - PRECLUDING THE RIGHT OF WITHDRAWAL

The trader can preclude the right of withdrawal for the following products and services:

  1. Products or services whose prices are subject to fluctuations on the financial market over which the trader has no influence and which can occur within the period of withdrawal;
  2. Products not purchased on the Platform;
  3. Products whose damage/s are not caused by manufacturing defects;
  4. Products whose condition is not the same as when purchased and/or delivered to the consumer

ARTICLE 11 - THE PRICE

  1. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
  2. Prices stated in offers of products or services include VAT.

ARTICLE 12 - DELIVERY AND IMPLEMENTATION

  1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is deemed to be the address that the consumer makes known to the company.
  3. The company will implement accepted orders with efficient expedition, at the best of its abilities, within 30 days, unless a different period of delivery has been agreed, or an unexpected delay occurs. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this as soon as possible. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
  4. Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.
  5. The risk of damage and/or loss of products rests upon the trader up to the moment of pick-up from the designated pick-up location of the trader.

ARTICLE 13 - PAYMENT

  1. Sums payable by the consumer for the products purchased should be paid within the payment duration stated on the webpage during the payment process. Most, if not all, of the payment options are immediately debited from the consumer’s payment account.
  2. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
  3. If a consumer fails to fulfill his payment obligation(s) in good time, after the trader has informed the consumer about the late payment, the order may be canceled by the trader.

ARTICLE 14 - TERMINATION OF ACCOUNT

  1. The company reserves the right to pause and/or terminate the consumer’s account on the Platform for any unusual activity detected, without prior notice. Any order purchased prior to pausing and/or termination of account may be charged on the consumer’s account.

ARTICLE 15 - REVISION OF AGREEMENT

  1. The agreement may change without prior notice. The consumer is responsible for updating himself before performing any activity on the Platform.