Terms and conditions

Terms and Conditions

This website (the "Site") is owned and operated by Ishtar & Brute. The following provisions set out the terms and conditions under which any person accessing and using this Site may browse the website, place orders, use services, and purchase products from Ishtar & Brute.

By accessing and using this Site, you agree to be bound by these Terms and Conditions. Please read them carefully before using the Site. If you do not accept and agree to abide by these Terms and Conditions, please refrain from accessing or using the Site.

1. Corporate Identity and Contact Details

  • Company Name: Brute Apparels B.V. (operating as Ishtar & Brute)
  • Registered Office: Texelstraat-Noord 30, 3826DN Amersfoort, Utrecht, The Netherlands
  • Telephone: 0031 (0) 337854093
  • Email: info@ishtarandbrute.com
  • Chamber of Commerce (KvK): 74791419
  • VAT Number: NL860027806B01
  • Banking Details: Rabobank Amsterdam | IBAN: NL 79 RABO 0342 4239 59 | BIC: RABONL2U

2. Intellectual Property, Copyright & Trademarks

2.1 Copyright

  • Protection of Elements: No text, picture, graphic, animation, logo, video, or other element of this website may be reproduced, copied, or distributed in any form without the express written permission of Ishtar & Brute. Requests for reproduction permissions must be submitted via email.
  • Ownership: All intellectual property and copyrights remain the exclusive property of Ishtar & Brute. Copyright © Ishtar & Brute, 2008. All rights reserved.

2.2 Trademark Protection

  • Registered Trademark: Ishtar & Brute® is a registered trademark. The trademark may not be used in any manner without the prior written consent of Ishtar & Brute.
  • Legal Representation: This trademark is legally protected by De Merkplaats B.V. Amsterdam.

2.3 Products and Designs

  • Design Registration: All products, designs, and concepts (including original ideas, technical implementations, and visual aesthetics) created by Ishtar & Brute are registered and legally protected by De Merkplaats B.V. Amsterdam.

3. Submission of Material to the Site

Ishtar & Brute may invite users to submit content—including photographs, feedback, comments, and suggestions ("Material")—specifically for the 'Model of the Month', 'Gallery', and 'Model Community' sections of the Site.

3.1 Content Guidelines

All user-submitted Material must comply with the following standards:

  • Accuracy: The Material must be accurate, truthful, and genuine.
  • Decency: The Material must not be defamatory, obscene, threatening, pornographic, or offensive.
  • Legality: The Material must not violate any applicable local or international laws, nor encourage illegal activities or give rise to civil/criminal liability.
  • Third-Party Rights: The Material must not infringe upon the intellectual property, privacy, or publicity rights of third parties.
  • Security: The Material must be free of computer viruses, commercial solicitations, political campaigns, chain letters, mass mailings, or any form of spam.

3.2 Editorial Control and Rights Transfer

  • Monitoring: Ishtar & Brute is under no obligation to monitor or exercise editorial control over user submissions. However, we reserve the right to monitor, edit, or delete any Material at our sole discretion if it violates these Terms.
  • Transfer of Ownership: By submitting Material, you agree that it is non-confidential. Your submission constitutes a valid and binding electronic signature transferring all rights, titles, and interests in the Material to Ishtar & Brute. We, along with our licensees, retain the perpetual, worldwide right to use, reproduce, modify, adapt, publish, distribute, and display this Material across all media.
  • Warranties: You represent and warrant that the Material is your original work, free of any third-party claims or encumbrances, and that you have obtained all necessary written consents and releases from any recognizable persons appearing in the Material. You agree to sign formal written documentation to formalize this transfer of rights upon request.

4. Product Purchase and Checkout Procedure

To complete a purchase on the Site, buyers must follow the standard order process:

  1. Selection: Select the product(s) you wish to purchase.
  2. Shopping Cart: Click 'Add to Cart'. To add more items, return to the shop by clicking 'Continue Shopping'. When finished, click 'Go to Cart'.
  3. Customer Information: Fill in your billing details under the 'BILL TO' form and your delivery details under the 'SHIP TO' form.
  4. Account Selection: Choose to proceed as a guest or register/log into an account.
  5. Terms Agreement: Check the agreement box to accept these Terms of Service.
  6. Measurements: Review and confirm all required body measurements. This is critical for returning customers whose measurements may have changed.
  7. Special Requests: Add any custom requirements in the 'Notes and Special Requests' box.
  8. Shipping and Payment: Select your preferred shipping method and payment method, clicking 'Save' after each selection.
  9. Confirmation: Finalize your order by clicking the 'Confirm Purchase' button.

4.1 Measurement Notifications & Unit Selection

  • If the checkout system prevents you from proceeding and displays a red error notification next to an item, click the notification to verify your measurements.
  • Ensure you have toggled the correct unit selection box (inches or centimeters) depending on the measurement system you are using. Correct any highlighted mistakes, scroll to the bottom of the page, and click 'Save' to return to your cart.

4.2 Production Workflow Tracking

Once an order is successfully placed, it progresses through the following sequential production stages, which can be tracked if the user has registered an account:

1. Measurements Checked: Sizing data is validated by our team to proceed with production.

2. Cutting Process: The raw materials and fabrics are cut to the individual specifications.

3. Sewing Stage: The cut pieces are handed over to the seamstress to be meticulously sewn.

4. Shipping Process: The finished custom garment is packed and handed over to the carrier.

5. Contract Formation and Pricing Dynamics

  • Binding Contract: A binding legal agreement is formed between the Buyer and Ishtar & Brute immediately after the purchase confirmation is submitted.
  • Entire Agreement: The complete contract consists of the specific Offer, the formal Acceptance, and these underlying Terms of Service. Each individual order represents a separate, distinct agreement.
  • Right of Set-Off: If Ishtar & Brute owes money to the Buyer under one agreement, Ishtar & Brute reserves the right to set off that amount against any outstanding funds the Buyer owes under another agreement.

5.1 Pricing, VAT, and Dynamic Tax Adjustments

  • Tax Calculations for Unregistered/Logged-out Users: When browsing the Site without being logged into an account, all listed prices show the default total amount including the domestic Value Added Tax (VAT) rate of the Netherlands (21%).
  • Tax Calculations for Logged-in EU Users: If you are logged into a registered account, prices will dynamically adjust at checkout to reflect the specific, legal VAT rate of your destination country within the European Union.
  • Tax Calculations for Non-EU Users: If your delivery address is outside the European Union, prices will display Ex VAT (tax-free). However, the Buyer acknowledges that local VAT, domestic customs duties, and import processing fees may be charged at the border by your local authorities. All border clearance charges remain the sole financial responsibility of the client.

6. Official Terms of Service: Made-to-Measure Services

6.1 The Offer

  • Specification of Goods: All descriptions, specifications, and dimensions provided by the Seller regarding made-to-measure, customized, or bespoke products constitute an invitation to treat.
  • Client Responsibility: The Offer is strictly based on the specifications, measurements, and preferences provided by the Buyer. The Buyer bears sole responsibility for the accuracy of all submitted measurements and customization details.
  • Pricing and Taxes: Prices for international deliveries outside the European Union are offered tax-free at checkout on a DAP (Delivered at Place) basis. The Offer explicitly excludes local import duties, customs clearance fees, and domestic taxes, which vary by destination country.

6.2 Acceptance and Contract Formation

  • Binding Commitment: A binding contract is formed only when the Seller issues a formal Order Confirmation email and production initiates. Due to the personalized nature of made-to-measure goods, Acceptance by the Buyer constitutes a definitive commitment to purchase.
  • No Cancellation / No Right of Withdrawal: In accordance with international e-commerce regulations regarding customized goods, the Buyer acknowledges that the standard right of withdrawal (cooling-off period) is entirely excluded once production has commenced. Orders cannot be canceled, amended, or refunded after Acceptance.

6.3 Execution of Service and Shipping Pledges

  • Fulfillment of Obligations: The Seller fulfills its contractual obligations in full upon safely handing over the completed made-to-measure package to the carrier and providing valid tracking documentation.
  • Import Obligations: The Buyer, acting as the official importer of record, is legally obligated to clear the goods through local customs and pay all applicable border charges.

6.4 Non-Compliance and Forfeiture at the Border

  • Refusal to Pay Duties: If the Buyer fails or refuses to pay the required local import taxes, customs duties, or processing fees, the package will be deemed abandoned and may be destroyed by customs authorities.
  • No Refunds for Abandonment: The Seller shall not bear any operational, return, or destruction costs resulting from the Buyer's non-compliance. In the event of abandonment or destruction due to unpaid duties, the Buyer completely forfeits both the custom-made goods and the total payment. No refunds, credits, or replacements will be issued.

7. Prohibited Commercial Use and Reverse Engineering

  • Commercial Restrictions: You are strictly prohibited from engaging in the resale, commercial distribution, or commercial supply of Ishtar & Brute products to third parties, whether via a personal website or any other marketplace.
  • Unauthorized Representation: You may not represent yourself as an agent, subcontractor, or official partner of Ishtar & Brute, nor make any unauthorized use of our trademarks, designs, or copyrighted materials.
  • Reverse Engineering and Pattern Theft: You are strictly prohibited from taking any purchased item apart to trace, copy, clone, or replicate the pattern for distribution, resale, or any form of financial gain.

8. Measuring Appointment Terms and Services

For customers who prefer professional guidance to ensure a perfect fit, we provide an In-House and Online Measuring Service.

8.1 Fees and Booking Process

  • Service Fee: This service requires a non-refundable fee of €24.80 (excluding 21% VAT / €30.00 including VAT). The full fee amount can be deducted from a future product order using a dedicated discount code provided after booking.
  • Scheduling: To book a session, email us at info@ishtarandbrute.com. We will issue an invoice for the service fee along with your personal discount code.
  • Confirmation: Upon receipt of the fee payment, your online or in-house measuring appointment will be officially confirmed. Following the session, your detailed measurements will be saved directly to your webshop account profile.

8.2 Policies, Validity, and Sizing Updates

  • Cancellation and Refunds: Once the promotional discount code has been issued, the service fee becomes entirely non-refundable, even in the event of appointment cancellation.
  • Rescheduling: You may reschedule your appointment free of charge, provided you notify us via email at least 24 hours in advance.
  • Code Expiration: The issued discount code remains valid for a maximum of 2 years from the date of receipt.
  • Measurement Accuracy: We strongly advise completing your product purchase soon after your measuring session. If your purchase takes place more than 6 months after the initial measurement, or if you experience significant weight changes, please notify us as your sizing profile may require manual adjustment.

9. Returns, Exchanges, and Sizing Policies

9.1 Nature of Custom Garments

Ishtar & Brute is an indie micro-brand operating in a high-quality niche sector. Our items are not mass-produced in low-cost factories; every single garment is individually cut and crafted in the Netherlands using premium European and South Korean materials.

  1. Selection:Because the vast majority of our products are made-to-measure according to your exact specifications, they cannot be restocked, repurposed, or resold to other customers.
  2. Selection:, due to the intimate nature of our garments, returns are strictly prohibited for **hygienic reasons**. Consequently, our items do not follow standard consumer retail return policies (such as mass-market marketplaces like Amazon). All custom made-to-measure items and custom latex garments are **strictly non-refundable**.

9.2 Customer Sizing Responsibility & Communication

  • While we proactively review incoming orders and may contact you via email if we notice clear inconsistencies or anomalies in your submitted measurements, the Buyer bears sole responsibility for providing accurate measurements. Ishtar & Brute is not liable for errors in client-provided sizing data.
  • If you are in doubt regarding your measurements, please contact us before purchasing to arrange an online live consultation or an in-person measurement session at our facility.
  • We are not responsible for the accidental purchase of an incorrect item, size, variant, or color choice made by the Buyer.

9.3 Handling Production Errors or Defect Claims

If Ishtar & Brute has committed a clear manufacturing error (e.g., incorrect color option, wrong waistband configuration, incorrect front style, wrong length) or if a garment has a genuine factory defect, we will rectify the issue.

  • Reporting Period: The Buyer must inspect the garment immediately upon arrival. To be eligible for a remedy, any defect, incorrect model/color, or sizing misfit must be reported to info@ishtarandbrute.com within 7 calendar days of delivery.
  • Required Documentation: Your claim email must include your original order number and clear, photographic proof documenting the manufacturing error or defect. Assistance requested outside this 7-day window is at our sole operational discretion and is not legally required.
  • Misfit Cross-Checking Procedure: For sizing disputes, we will audit the physical garment patterns against the exact digits supplied in the original order form. We may require the Buyer to verify dimensions using a measuring tape or submit photos wearing the item.
  • Note on Garment Application: Tight-fitting garments, particularly leggings, must be applied correctly to evaluate fit. The fabric must be distributed evenly up the legs, pulling the material high enough to clear the thighs and hips so the waistband can sit at its intended position. If a customer is unaccustomed to tight specialty apparel, we will provide wear and fitment adjustments upon seeing photos.
  • Eligible Remedies: If a defect or production error on our part is verified within the 7-day window, you will be entitled to one of the following remedies upon the safe return of the defective item:
    • Replacement: A corrected version of the originally ordered item will be produced and shipped to you.
    • Store Credit: A digital gift code valued at the outstanding item amount will be issued for use on our webshop.
    • Refund: A monetary refund will be processed and paid out as soon as possible after the package is received back at our facility.

9.4 Latex Garment Care Disclaimer

Our latex garments are fully custom-built and are strictly non-refundable due to hygiene and customization policies. Latex is a delicate natural material requiring specialized handling. Ishtar & Brute holds absolutely no liability for latex material tearing, degrading, or puncturing during or after wear, as these issues result from improper use, maintenance, or environmental wear.

  1. Common causes of damage that void any service claims include:
  2. * Punctures caused by long fingernails, jewelry, sharp objects, or metal hardware.
  3. * Compromised structural integrity caused by exposure to direct sunlight or ultraviolet light.
  4. * Improper storage environments leading to the material drying out, cracking, or sticking.
  5. * Extreme friction or chafing resulting from insufficient lubrication during wear.
  6. * Overstretching the material beyond its elastic boundaries.
  7. * Over exposure to a heat source aka: iron, kooking stove, radiator or any other heat source such as fire and or sigarettes and ash.
  8. * Subjecting the material to impacts (such as spanking), kneeling on abrasive floors, or shuffling across seating surfaces, particularly when unlubricated.

10. Disclaimer of Warranties and Limitation of Liability

10.1 Modifications and Website Accuracy

Ishtar & Brute reserves the right to modify, adapt, or update any part of the website works (including product information, sizing charts, or pricing) at any time without prior notice to current, past, or prospective users.

While we strive to ensure that all digital data, descriptions, and operational features are accurate and reliable, errors may occasionally occur.

All content and services on this Site are provided strictly "as is" and "as available", without warranties of any kind, either express or implied.

Ishtar & Brute does not warrant that the website is free from typographic errors, data inaccuracies, or digital disruptions (including computer viruses).

10.2 Limitation of Remedies

To the full extent permitted under applicable trade practices and consumer laws, the liability of Ishtar & Brute for any verified breach of warranty or contract condition is strictly limited, at our sole discretion, to:

  1. For Products: The replacement of the product, the repair of the product, the supply of an equivalent item, or covering the direct cost of acquiring an equivalent item or repair service.
  2. For Services: Re-supplying the service or covering the direct cost of having the service supplied again.

10.3 Total Liability Exclusion

To the maximum extent permitted by law, Ishtar & Brute, its related corporate bodies, directors, employees, and authorized agents shall not be held liable for any loss, legal claims, unexpected costs, or damages arising out of, or in connection with, your use of or inability to use this website.

This comprehensive exclusion covers direct, indirect, incidental, punitive, exemplary, special, and consequential damages—including, without limitation, lost profits, business opportunities, or data loss—even if such damages were reasonably foreseeable.

11. E-Gift Card Terms and Conditions

11.1 Definitions

  • Buyer: The person who purchases the E-Gift Card.
  • User: The end-user of the E-Gift Card, who shall use such E-Gift Card to purchase a Product from the webshop.
  • Product: All products available on our webshop.
  • Webshop/Website: The internet domain operated by us: https://ishtarandbrute.com
  • You: The Buyer and/or the User of the E-Gift Card, as applicable.

11.2 Scope of Application

  • These Terms and Conditions apply in full to anyone purchasing, using, or attempting to use an E-Gift Card.
  • By purchasing, using, or attempting to use an E-Gift Card, you accept and agree to be bound by these Terms and Conditions and acknowledge that you have read and understood our Privacy Policy.

11.3 Purchase, Sizing Communication & Delivery of E-Gift Cards

  • Account Guidelines: You must have an account or check out as a guest to purchase or use E-Gift Cards.
  • Mandatory Sizing Verification: When redeeming an E-Gift Card for custom products, the User must submit all required body measurements and provide a frequently used email address. By purchasing or using the E-Gift Card, you grant us permission to contact you to verify measurement accuracy.
  • Communication Failure & Production Holds: We require at least one or two functional communication channels (email or phone). If our team detects incorrect measurements, we will issue verification requests. If the User fails to respond after multiple attempts, production will be put on a temporary hold until the User establishes contact. Ishtar & Brute is not responsible for extended production delays caused by a customer's failure to respond.
  • Delivery Form: E-Gift Cards are issued strictly in electronic format via a dedicated E-Gift Card Code.
  • Delivery Options: The Buyer can select to:
    • (a) Directly email the E-Gift Card Code to the intended User; or
    • (b) Receive the code themselves to pass it on to the User at their own discretion.
  • Issue Date: The card becomes valid immediately upon transmission of the confirmation email following payment processing.

11.4 Cancellation and Cooling-Off Rights

  • Buyer's Cooling-Off Period: The original Buyer may cancel the purchase of an unredeemed E-Gift Card within fourteen (14) calendar days of receipt without providing any explanation. Cancellation requests must be sent to Customer Support within this 14-day window.
  • Exclusions: No cancellations or refunds will be processed outside of this 14-day window, or if the E-Gift Card has already been fully or partially redeemed.
  • Currency Variance: Refunds will be issued strictly in the original Euro (€) value paid. Ishtar & Brute is not responsible for fluctuations or variations in currency exchange rates applied by the customer's banking institution during a refund transaction.
  • User's Right of Withdrawal: When purchasing a standard product using an E-Gift Card, general consumer rights apply. In the event of a valid 14-day cooling-off return (applicable only to non-customized, standard items), the value will be reimbursed exclusively as a digital webshop voucher/store credit, provided the card has not been exhausted. Refunds are issued to the original Buyer, not the User.

11.5 Authorized Destination Shipping Countries

Products purchased using an E-Gift Card can only be shipped to a defined list of international locations, primarily across Europe, North America, and selected global regions, including, but not limited to, the Netherlands, Belgium, USA, Canada, and Australia. Please contact us to confirm shipping availability for a specific location.

Severability

The Terms and Conditions constitute:

the entire agreement between Ishtar & Brute and You regarding Your use of the Site, and Your grant of all rights in any Material submitted to the Site; and part of an Agreement for You to purchase Goods from Ishtar & Brute through the Site.

The Terms and Conditions supersede all previous, written or oral agreements between You and Ishtar & Brute.

No waiver of any breach of the Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.

If any provision of the Terms and Conditions is held to be unlawful, invalid, unenforceable or in conflict with any law in Netherlands, then any such provision will, to the necessary extent, be read down or severed from the Terms and Conditions, as applicable, and the remaining provisions will not be affected.

Your indemnity and assignment of all rights in any Material submitted to Ishtar & Brute and the Site will survive any change to, or termination of, the Terms and Conditions.