Terms and conditions
This Internet website is owned and operated by Ishtar & Brute. The following provisions set out the terms and conditions under which any person accessing and using the Site may: access and use the Site, and purchase a Product or Products from Ishtar & Brute through the Site.
By accessing and using the Site, You agree to be bound by the Terms and Conditions. Please read the Terms and Conditions carefully before accessing and using the Site. If You do not accept and agree to abide by the Terms and Conditions, please do not access and use the Site.
No text, picture, animation, logo, video or other elements of this website may be reproduced in any form without written permission of Ishtar and Brute. Permission for reproduction of elements of the website can be ask by e-mail.
Copyright remains the property of Ishtar & Brute. Copyright © Ishtar & Brute, 2008. All rights reserved.
The trade mark
Ishtar & Brute® is a registered trade mark. The trade mark may not be used, in any way, without written permission of Ishtar & Brute.
The trade mark is juristic protected by, De Merkplaats B.V. Amsterdam.
Products and designs
The products and designs from Ishtar & Brute are registered. On the concept (idea, technical aspects, looks) lays a claim protected by , De Merkplaats B.V. Amsterdam.
Submission of material to the site
Ishtar & Brute may invite U of material, including photographs, feedback data such as questions, comments, suggestions and any other response ('Material'), on the site (especially for the ' model of the month' ' Gallery' and 'model community ' sections of the site).
At the invitation of Ishtar & Brute, do material to the site, provided that such Material :
- is accurate ;
- is not defamatory, obscene, threatening, pornographic, or offensive;
- not violate any applicable laws , including communications that would give rise to criminal or civil liability rise;
- an illegal activity does not favor;
- does not infringe the intellectual property rights of third parties;
- not violate the rights of any person or entity, including a person's right of privacy or infringement, or
- does not consist of or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
Ishtar & Brute is not responsible for monitoring and exercising editorial control over material submitted to the Site. However, Ishtar & Brute reserves the right to monitor material submitted to the site , and all the material it finds, delete or edit . Discretion, in violation of the Terms and Conditions.
In return for Ishtar & Brute provide you a chance to explain to the site, material You hereby acknowledge that:
- such material is non-confidential, and by submitting such material, you will be deemed to have a valid and binding electronic signature where the transfer of all rights, title and interest in all such material for Ishtar & Brute, his assignees and licensees, to use, reproduce, modify, adapt, create derivative works from, distribute, and publicly display such material for any purpose in all media throughout the world in perpetuity.
You warrant and represent that:
- any material submitted to the site is original and will not infringe or in violation of any law or right of any person under any law (including any law or law relating to copyright, passing - off, defamation, contempt of the court, privacy, publicity or confidence) ;
- any material submitted to the site is free from encumbrances and You have full and unfettered power to transfer all rights and interests in the material attributed to Ishtar & Brute, free of any claim by any person ;
- You own all rights, title and interest (including copyright ) in any material submitted to the site, or have all necessary consents and releases from third parties obtained for all and any use of the material by Wicked Weasel forever, without any requirement for Ishtar & Brute any compensation to you or for third parties, and can provide information to Ishtar & Brute any written evidence of this on request Ishtar & Brute ' s ;
- You have not assigned, licensed or otherwise granted any right in the Material or entered into any deed or agreement that the rights Ishtar & Brute to use at the material would prevent or limit, as recognizable to people living in any Material You have acquired written consents and releases allowing the exclusive use of that person 's name, likeness and life associated with the use of the material and you hereby assign such rights to Ishtar & Brute, you will enter into a formal written documentation if required by Ishtar & Brute, your transfer of all rights formalize the material to Ishtar & Brute, and you have not already, or may be done, any act or omission by which the rights to the material, or may be affected or limited in any way.
Purchase of products
- Select your product or products at the website of Ishtar & Brute you like to purchase.
- Add them to your shopping cart by clicking the 'add to cart' button. If you like to purchase more items return to the shop by clicking the "continue shopping' button and repeat the first two steps. When done go to the cart section of the website by clicking the 'go to cart' button.
- In the cart section you fill in your billing address information in the billing information form ‘BILL TO’ and your shipment address information in the shipment address information form ‘SHIP TO’. Accepting the terms of service by clicking the agreement box for terms and service.
- To go out as guest or register and go out.
- If you have special requests, write them in the ‘Notes and special requests’ box.
- Select your shipment. Click save.
- Select your payment method. Click save.
- Confirm purchase, by clicking the 'Confirm purchase' button.
After confirming the purchase there is an agreement between you and Ishtar & Brute, for you to buy the product or products from Ishtar & Brute you have done, after the confirmation of the purchase.
The entire agreement includes: the Offer, Acceptance and the Terms of service. Each individual offer and acceptance, together with the Terms of service, constitutes a separate agreement. If Ishtar & Brute owes money to You under a contract, Ishtar & Brute off that money against money you owe under another agreement.
If Ishtar & Brute owes money to You under one Agreement, Ishtar & Brute may set-off that money against any money that it owes You under another Agreement.
Ishtar & Brute will deliver the Product or Products to You: - at the address for delivery provided by You in the Customer Details Form in the Offer; - by way of the Shipping Method selected by You in the Offer; - at the price (‘Shipping Price’) that corresponds with the Shipping Method selected by You in the Offer; and - within a time that is, at the discretion of Ishtar & Brute, feasible.
Anyone at the Delivery Address who receives the Product or Products is deemed to be authorized to receive the Product or Products. Property and risk in the Product or Products passes to You upon delivery to the Delivery Address.
You may not: engage in the business of-sale, distribution and/or supply to third parties, whether through a website or any other means, a product/s you bought from Ishtar & Brute, and introduce yourself on the basis of an agreement like Ishtar & Brute or as agent or subcontractor of Ishtar & Brute, by making unauthorized use of any trademark, and /or copyrights owned by Ishtar & Brute or otherwise.
Returns and exchanges
All our products are made to measure, to resell the garment is therefore not possible as it is a personal measurement.
So it is not like, i will try it and see if i am comfortable in it, and if not, i send it back this is not Amazon we are a small company that is in a niche sector doing made to measure. We do not have stock in different measurements and colors and it is not factory made in China for low costs and cheap materials this is all made in The Netherlands with mostly European fabrics from Belgium, Italy and Poland our leather and foiled fabrics are from South Korea.
There is a hygienic reason for not retuning the garment and we do not resell these return items as they are made to your measurements.
If WE made a mistake with the order, you can email us and let us know and we will rectify this for you.
For example the wrong color, waistband, front choice or length, in all other cases it is nonrefundable.
We are not responsible for purchase of the wrong item or wrong size or color.
We try to email if we see inconsistencies with the measurements to make sure there are no errors in the measurements taken, so therefore we are not responsible for those errors.
Our Latex garments are made to your measurements and are also non refundable due to hygiene and are custom made.
If in any case WE have made a mistake with the garment, such as the wrong color, waistband, front choice or length, you need to send us an email with the order number to the firstname.lastname@example.org with pictures of proof of the error on our side.
You may then be entitled to a refund from us, which will be paid as soon as possible, but in any event within 30 days, or get the item replaced that was ordered.
If you have any complaints, you should direct them to us via email@example.com.
Disclaimer of warranties and limitation of liability
Ishtar & Brute reserves the right to modify or adapt any part of the Works (including information about a Product or Products) without notifying current or prospective customers or users.
Ishtar & Brute is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. Ishtar & Brute intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided “as is”, without any warranty of any kind.
The liability of Ishtar & Brute for any breach of any implied condition or warranty conferred by the Trade Practices, is limited to any one or more of the following, determined by Ishtar & Brute in its sole discretion:
in the case of a Product or Products: the replacement or repair of the Product or Products, or the supply of an equivalent Product or Products; or the payment of the cost of replacing the Product or Products, or acquiring an equivalent Product or Products, or repairing the Product or Products; and in the case of services: supply of the services again; or the payment of the cost of having the services supplied again.
To the full extent permitted by law, Ishtar & Brute, its related bodies corporate (as that expression is defined under the Corporations Law) and their directors, employees and/or agents will not be liable for any loss, claims, damages or costs (including legal costs) arising out of, or in connection with, Your use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, exemplary and all consequential damages or losses of profits or opportunity to any person, even if such losses or damages were reasonably foreseeable.
Gift Card terms and conditions
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. Texelstraat-Noord 30 3826DN Amersfoort Utrecht The Netherlands
Tel : 0031 (0) 337854093 Chamber of commerce : 74791419 VAT# number : 8600.27.806.B.01
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 3.1 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. 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 to receive the order as 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 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.
3.5 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. 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 (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).
3.6 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
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 10.1 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. 12. 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 be more or less than shown on the website as not logged in you will see the total amount in the VAT in 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.
You agree to indemnify Ishtar & Brute and hold Ishtar & Brute indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of Your use of the Site or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material.
Links to third party sites
Ishtar & Brute makes no representations whatsoever about any other web sites which You may access from this Site (‘Third Party Site’). A link from this Site to a Third Party Site does not mean that Ishtar & Brute endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.
You consent to receiving communications from Ishtar & Brute electronically, including electronic mail or notices posted on the Site.
You acknowledge that all agreements, notices, disclosures and other communications that Ishtar & Brute provides to You and that You provide to Ishtar & Brute electronically, satisfy any legal requirement that such communications be in writing.
Ishtar & Brute may add to, delete, or otherwise change any of the Terms and Conditions by giving You notice (‘Notice’):
by electronic mail; or by ordinary post to your address contained in the Customer Details; or by posting on the Site.
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.