Gift Card/E-Gift Card
TERMS AND CONDITIONS
Definitions 1.1 In these Terms and Conditions, the following definitions will be used.
Buyer means the person who purchases the E-Gift Card.
Product means all products available on our webshop.
Terms and Conditions means these Terms and Conditions, including updates, alterations and possible appendices, published on the Ishtar and Brute website.
User means the end-user of the E-Gift Card, who shall use such E-Gift Card to purchase a Product from the Ishtar and Brute webshop.
We (“our”, “us”, “Ishtar and Brute”) means Brute Apparels B.V.
Address: Texelstraat-Noord 30 3826DN Amersfoort Utrecht The Netherlands
Tel : 0031 (0) 337854093 Chamber of commerce : 74791419 VAT# number : 8600.27.806.B.01
Bank : Brute Apparels B.V. Rabobank Amsterdam IBAN : NL 79 RABO 0342 4239 59 BIC : RABONL2U
Webshop means our online shop section where you can acquire information about our Products and purchase them: www.ishtarandbrute.com
Website means our website: www.ishtarandbrute.com
You means the Buyer and/or the User of the E-Gift Card, as applicable.
Scope of Application 2.1
These Terms and Conditions apply in full to anyone purchasing, using or attempting to use a E-Gift Card.
Purchase and Delivery of E-Gift Cards 3.
Ishtar and Brute offers E-Gift Cards that can be purchased and redeemed through the Ishtar and Brute webshop. You must have an account or check out as a guest with Ishtar and Brute to purchase or use E-Gift Cards if you do not have an account then you still need to fill in all the required information to be able to check out as a guest.
3.1 Purchase after receiving the E-Gift Card. When using the E-Gift Card the user must fill in all measurements required for the purchase and use an frequently used email in case for us to contact you about the measurements if needed, when purchasing or you are a user of the E-Gift Card you are agreeing to the terms of allowing us to contact you in need to make sure the measurements are correct. We need at least one or two ways of contact with the buyer or user of an E-Gift Card to make sure you receive the item in the correct measurements as you have described this may be contact via email or phone call if no one answers the email after a few attempts. If the user does not make any means of contacting us back we and we are not able to use the measurements due to wrong measurement numbers we will wait with the order until an attempt of contact from the user is made toward us for us to continue with the correct measurements as we want the person to receive something that is wearable and not too big or tight. Please look at the previous Terms and Conditions for Returns and Exchanges so make sure you measure correctly, we will help when in doubt so please contact if you are having any trouble with measurements firstname.lastname@example.org and any other inquiries to the email@example.com We do always try to encourage users and buyers to make an account as you then have access to more information on the order process as orders are made one by one, only via the account updates will be given. Items Purchased with and without the E-Gift Card shall go though the production process starting with: Measurements' checked= this means the measurements are correct and we will proceed with the order. Cutting process = we have then cut the item/items this may be one or two items cut or more. Sewing stage= the item/s are at the seamstress to be sewn. Then the shipping process.
If the measurements are incorrect you will receive an email with the question if you can check the following measurements for us to continue with the cutting stage, if no one answers we will resend the email after a period of time if then no one answers we will try to call, so please check the email and use an email that is used regularly to prevent waiting for a long period of time. We have an approximate of 3 weeks lead production time give or take and if you do not answer the email it will be longer as we will not continue the process with measurements that are clear to us to be incorrect.
3.2 E-Gift Cards will be provided by Ishtar and Brute in electronic form only, through the provision of a E-Gift Card Code.
3.3 When purchasing the E-Gift Card, the Buyer can choose from two (2) delivery options: (a) Send email to the User of the E-Gift Card with the E-Gift Card Code; (b) Send email to the Buyer who can then decide how and when to pass on the E-Gift Card to the User. The choice of delivery option does not affect the issue date of the E-Gift Card, as described below.
3.4 The Buyer can either depending on the delivery choice but if they deliver it directly to the User they can leave a note for the Receiver of the E-Gift Card. This can be found at the checkout.
3.5 Once the payment of the E-Gift Card has been processed, the Buyer will receive an email to confirm this. The receipt of the confirmation email shall be considered the issue date and the E-Gift Card will be valid from this date.
3.6 The Buyer can cancel the purchase of the E-Gift Card within fourteen (14) days of the receipt of the E-Gift Card, without any explanation and without incurring any fees, provided the E-Gift Card has not been used. If you wish to cancel the purchase of the E-Gift Card, you must contact Customer Support within the term of fourteen (14) working days (when reimbursed the currency rate at that moment of time may vary due to constant currency change the rate may be higher, lower or the same as time of purchase we do not have control over this and we will reimburse the amount of Euro paid of the E-Gift Card). Ishtar and Brute shall not under any circumstances provide any reimbursement from cancellation of the purchase that is requested outside the fourteen (14) working days period.
3.7 The Product that can be purchased with the E-Gift Card will only be delivered to the following countries we can ship to: Andorra, United Arab Emirates, Argentina, Austria, Australia, Aruba, Bosnia and Herzegovina, Barbados, Belgium, Bulgaria, Bonaire, Sint Eustatius and Saba, Bahamas, Canada, Switzerland, Chile, Curaçao, Cyprus, Czechia, Germany, Denmark, Estonia, Spain, Finland, Faroe Islands, France, United Kingdom, Guernsey, Greenland, Greece, Croatia, Hungary, Ireland, Israel, Iceland, Italy, Jersey, Japan, South Korea, Kuwait, Liechtenstein, Lithuania, Luxembourg, Latvia, Monaco, Montenegro, Malta, Mexico, Netherlands, Norway, New Zealand, Poland, Portugal, Romania, Serbia, Saudi Arabia, Sweden, Singapore, Slovenia, Slovakia, San Marino, Sint Maarten (Dutch part), United States, South Africa, Canary Islands
Payment and Charges 4.1
Our E-Gift Card will be charged in Euro (€) in the shop, and converted in the payment of the currency of your country and currency rate of the payment method at that time (currency changes constantly).
4.2 All Charges are gross prices and will be equivalent to the amount placed on the E-Gift Card for later use.
4.3 The Charges for the E-Gift Card will be the amount that you have selected on the Webshop, and will be made known to you for confirmation before you conclude your purchase. Charges must be paid in accordance with the instructions as specified by us on either the Webshop, the invoice or by other means.
4.4 The payment of your purchase may be made by the following payment methods: Bank transfer, iDEAL, PayPal and Credit Card.
4.5 Your order only becomes final when we receive the full payment of the applicable Charges. Once the payment has been received, you will receive a confirmation email of your purchase.
User 5.1 When purchasing a Product with the E-Gift Card, the User will not receive any change for the outstanding amount on the E-Gift Card. The amount on the E-Gift Card can only be spent on the Ishtar and Brute webshop and excludes VAT and Shipping if that is outside the purchased amount.
5.2 The balance on the E-Gift Card can only be used on our webshop.
5.3 The E-Gift Card may be used to make a purchase up to the balance that is loaded onto the Gift Card at the time of its purchase. However, the User can also pay a portion of the Product using the E-Gift Card, and the rest using other accepted means of payment.
5.4 The E-Gift Card can only be exchanged for the Product provided in these Terms and Conditions and may in no case be exchanged for the monetary value of the E-Gift Card.
5.5 The E-Gift Card may be combined with other E-Gift Cards to extend the amount of payment.
5.6 The E-Gift Card does not have a repayment value and cannot be exchanged for cash, nor can an advance payment in cash be made for any portion of the balance loaded onto the E-Gift Card at the time of its purchase.
5.7 When purchasing the Product with the E-Gift Card, the general Terms and Conditions of Purchase apply, including your right to Cool-off within 14 days from the receipt of the Product. In the event that you exercise this right, you will be reimbursed the monetary value of the E-Gift Card in the form of a voucher for use at a later stage as long as the card has not been used within these 14 days.
Term of Validity 6.1
The E-Gift Card can be used to purchase the Products in the two (2) years following its purchase. After this two (2) year period following the date of the purchase, you can no longer use the E-Gift Card, nor can you request repayment of the balance on it. Therefore, please make sure the E-Gift Card is used before its expiry date to prevent loss/deleted or misplacement of the E-Gift Card (two (2) years from issue date).
6.2 After the expiry of the term of validity of the Gift Card, any balances on the E-Gift Card will expire.
Returns and Cancellations 7.1
The E-Gift Card cannot be reimbursed and cannot be returned, except insofar as statutory rights provide for that, for example in the event of defects or in the circumstances as described in Article 3.4. The E-Gift Card cannot be cancelled. Only the buyer of the E-Gift Card can get a refund within the 14 day cooling period of time as explained in 5.7 but only to the purchaser of the card not the user.
#Loss or Theft 8.1
The title and risk of loss for E-Gift Cards passes upon electronic transmission of the E-Gift Card by Ishtar and Brute to the Buyer of the E-Gift Card. Ishtar and Brute has no obligation to replace lost, deleted or stolen E-Gift Cards, but you can report lost, deleted or stolen E-Gift Cards by contacting the firstname.lastname@example.org
Privacy and Data Protection 9.1
9.2 All data collected by us will be used and processed exclusively within the framework of the current Dutch and European Union data protection laws and in accordance with our data protection and privacy policies.
Ishtar and Brute right to termination, cancellation or refusal of a transaction Ishtar and Brute can terminate this agreement, cancel the E-Gift Card or refuse a transaction if we suspect that the E-Gift Card is being used in a fraudulent, improper or unlawful manner, or if we have reason to assume that you are in breach of this agreement.
Limitation of liability 11.1
Ishtar and Brute accepts no liability for loss, theft, destruction or improper use of E-Gift Cards, unless this is the result of negligence on the part of Ishtar and Brute.
11.2 Ishtar and Brute cannot be held liable for loss of turnover, use, profit, expected profit, contracts, income, goodwill or expected savings; loss of details or of use of details; or consequential loss, extraordinary loss or indirect loss, including if it has been informed of the possibility of such loss.
11.3 Without prejudice to the conditions of this agreement, Ishtar and Brute liability towards you is limited to the amount of the balance on the E-Gift Card if one of the following events takes place (in which case the earliest of these events applies):
the E-Gift Card is cancelled by Ishtar and Brute; this agreement is terminated by Ishtar and Brute. 11.4 Nothing in this agreement serves to exclude or limit liability for:
death or personal injury due to negligence; deliberate deception; any other form of liability that cannot legally be excluded or limited.
Changes to Terms and Conditions 12.1
Ishtar and Brute reserves the right to amend the terms of this agreement by publishing an amended version on Ishtarandbrute.com at all times, if such amendment:
Is made in relation with the introduction or development of new systems, working methods, services or facilities (including but not limited to the addition or cancellation of goods that can be paid for with the E-Gift Card); Is made in connection with a change in or expected change in or expected change in market conditions or general good practice; Serves to implement a contractual, statutory or administrative stipulation that is binding for Ishtar and Brute or changes in any applicable legislation; Serves to make the conditions of this agreement more reasonable or clearer to you; Serves to correct any mistakes that might come to light at any stage; or Takes place with your permission
13. Applicable law and dispute resolution
13.1 All contracts concluded with Ishtar and Brute shall be governed by Dutch law.
13.2 Any dispute between you and Ishtar and Brute in relation to the agreement, including the understanding and extent of these Terms and Conditions, will be resolved by the competent court in Amsterdam, the Netherlands.
13.3 You may have other or additional rights in connection with your purchase or redemption of Gift Cards under the laws and regulations of the jurisdiction in which you reside and nothing in these Terms and Conditions restricts such rights you may have.
Mind that there will be charges for the shipping and if you are in Europe there will be tax of your country in the checkout please be wary this may price may be more or less than shown on the website. If you are not logged in you will see the total amount in the VAT of the Netherlands. If you have an account and you are logged in then you see the same amount as you will pay at the checkout as it will convert to the tax according to your country if you are outside of the country you will see Ex VAT, please take in account that you may pay VAT in your country at the border and may be charged import taxes as mentioned before so please check this in your country as these costs are for the user of the card. If you are using the card is outside of Europe then you must check the import and duties in the state/country you live in. For this this the same terms and conditions applies for the using of the money on the gift code. All tax VAT and import duties are for you as the client. The E-Gift Card has an expiry date of two (2) years, but it is advised to use it in a certain amount of time to prevent loss of the code.