Trademix – Comércio e Representações, Lda., registered in Portugal and with the Legal Entity Identification Number 508439000, hereinafter also referred to as the “Website operator” is responsible for the operation of the website www.gigashoes.nl (hereinafter also referred to as “Website”).
The company Brainweave B.V., hereinafter also referred to simply as the “company" registered in The Netherlands with registered office in Leiderdorp, and registered with the Chamber of Commerce under number 28108645, is responsible for the sale and supply of all goods and services presented on the Website.
1. Seller/Company Identity
Company name: Brainwave B.V.
Postal code: Bedrijvenweg 22D, 2351 BC Leiderdorp, The Netherlands
2. Scope of application of terms and conditions
These terms and conditions and legal notices provide the terms and conditions related to the specific supplies of products or services goods and services sold through the website and apply to all commercial offers of the company and to all contracts entered into at a distance between the company and the consumer. Purchasing through the website will entail the formation of a contract between the selling company and the customer/consumer, subject to these terms and conditions, whereby the website operator does not assume or hold any obligations or duties inherent to this contract and assumes no responsibility towards the customer/consumer.
By using and/or making purchases through our website, the user/consumer agrees and accepts to be bound by these terms and conditions of contract.
If one or more provisions set forth in these terms and conditions are declared null or totally or partially invalid, the remaining unaffected provisions will remain in force, producing all their effects.
This Agreement shall be defined, interpreted and applied in accordance with applicable and effective The Netherlands law.
3. Eligibility to make purchases through the website
The sale of products on the Online Store is only allowed to persons over 18 years of age, who are legally able to enter into contracts. Exceptionally, purchases may be made through the website by persons under 18, provided that they are supervised by a Parent or guardian. Eligibility to make purchases through the website also requires the customer to provide a full shipping address.
4. Products and Services
The products provided by the company contain a complete, accurate and sufficiently detailed description to allow the consumer to make an adequate evaluation and a well-founded decision on whether or not to purchase the product.
The products presented on the website may have limited quantities and are subject to possible return only under the terms and in accordance with the rules and conditions of return provided herein.
All products and respective information presented on the website are subject to printing and typing errors. Errors in information, characteristics, price or other obvious errors do not bind the company to the offer that is in error.
The company makes every effort to ensure that the images, colours and characteristics of the products/services presented on the website are faithful and truthful. However, for reasons that the company does not control and because we cannot guarantee the correct display of colours on third-party monitors, such images and information about products and services do not guarantee the characteristics of the same, not guaranteeing that the colours shown correspond exactly to the actual colours of the product, which is why the images and information provided on the website regarding a product do not grant the consumer any right of termination of the contract or any compensation or indemnity.
5. Changes to products/services and prices
The company reserves the right, at any time, to change or discontinue the supply of certain products/services or to change their prices, without prior notice and provided that the changed commercial offer has not yet been expressly requested and accepted by the consumer.
The company/website operator will not be liable to anyone for any product modification or change in their supply or price.
6. Supply of products/services and contract formation
Upon requesting the supply of a product/service through the Website, the company will confirm the order request and its acceptance, forming, from that moment, a contractual relationship governed by these terms and conditions. However, exceptionally and when there is a reasonable reason according to the company's assessment, the company has the right to refuse any request for the supply of product/services, and may even limit or cancel quantities of product/service purchased by person or by order or by credit card/payment method, for example, in cases of suspected fraud or in the case of orders that appear to be mistaken or are made by unauthorized resellers or distributors.
The consumer agrees to provide the company/website operator with the correct and up-to-date information that is necessary for the purchase of products/services through the website and for their correct supply by the company, committing the user to provide truthful and accurate data and to update it, if necessary to complete the requested transactions. The user/consumer is responsible for the accuracy of the data/information provided during the registration or ordering procedure on the website, and the company does not assume any responsibility or damage arising from the provision of wrong information by the user/consumer.
A contract formed between the company and the consumer that incorporates these terms and conditions will only continue if the payment due is confirmed.
The contract and obligation to supply products only concern the products actually ordered by the consumer and whose price has been paid/debited. The company is not obligated to provide any products or services that do not relate to the registered order of the consumer.
7. Personal information
The customer/consumer accepts that email or other electronic means of communication can be used as a form of communication between the company and the customer under the contract that may be formed between them and acknowledges that any terms, conditions, information or requests transmitted to customer/consumer by this means comply with the legal requirements.
The customer can pay the order through one of the following payment methods: iDeal, Creditcard (Visa/Mastercard), Paypal. Upon placing the order with a payment order, the Customer authorizes the charge of the price/expenses provided upon ordering.
Payment will be charged/debited through the means chosen by the Customer prior to shipment of the product(s) purchased. The Company reserves the right not to ship the products until the respective payment has been confirmed.
When payment is made by card, the customer authorizes that information provided during the order, such as name, address and other payment information can be validated by third parties, such as banking or financial entities, including the entity responsible for issuing the card used for payment for transaction security, to carry it out and for fraud prevention. By accepting this condition, the customer declares that the information provided for the purpose of purchasing
the goods is correct and that it has the right or is duly authorized to use the identified card for payment purposes, with the necessary funds for it. The customer also declares that he authorizes the transmission of information relating to payment and delivery of the order for the purpose of obtaining and authorizing payment by the card issuer entity.
10. Shipping and delivery of orders and cancellation and returns policy
Our website is intended only for clients/consumers residing in the following countries:
The Netherlands, Belgium, Denmark, Germany, France, Bulgaria, Cyprus, Estonia, Finland, Greece, Hungary, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Monaco, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Spain, Czech Republic, Sweden, Andorra, Liechtenstein, Norway, San Marino and Switzerland.
The Company will not accept orders that involve shipping and delivery in countries not listed above.
Your order will be delivered free of charge to the following countries: The Netherlands, Belgium and Germany. Orders placed from other European countries have a cost of €15.00 which must be borne by the customer.
When finishing the shopping basket, you can choose to have it delivered to your address or to a GLS collection point. It is understood as an address a home address or any other address of your choice.
Your order will be shipped via GLS. If you place your order by 12:00 noon (The Netherlands time) on working days, we will immediately start working on your order, which will be delivered to the address provided in:
Denmark, Germany and France
120 hours to 168 hours
Bulgaria, Cyprus, Estonia, Finland, Greece, Hungary, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Monaco, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Spain, Czech Republic, Sweden, *Andorra, *Liechtenstein, *Norway, *San Marino and *Switzerland.
* Note: For shipping outside the European Union, import duties may be due, paid to the carrier.
Shipping orders to countries outside the European Union may involve the payment of import customs charges which must be paid to the carrier, or additional fees/expenses arising from compliance with regulations or laws of those countries. The customer will be responsible for the payment of such charges or fees in addition to the order price and delivery cost, if applicable. The customer acknowledges being aware that the orders shipped to countries outside the European Union may be subject to inspection by the customs authorities of those countries, and therefore undertakes to observe and comply with the laws and regulations of the countries to which the orders are sent. The company will not be liable for any violation of such laws or regulations.
If the order is placed after 12:00 noon (The Netherlands time), the Customer will have to account for another 24 hours in the delivery time.
To check the status of the order, the customer will receive an SMS and an email with the tracking code. By clicking on the link you can locate your order and in the same link you can also change the time of delivery.
As soon as you complete your order, the Company will immediately start working on it, for this reason it is not possible to cancel your order on the website from that moment on. You must contact our customer service via email to cancel the order within 12 hours. The amount will be refunded to your account in a few days, using the same payment method used at the time of purchase. Please note that the refund term will depend on your bank.
If you want to cancel your order after 12 hours, you must wait for the product to be delivered to your address and follow the return steps.
Out of stock articles
If your favourite item is not in stock, please select your desired size and colour, and leave your email address in the “notify me” bar. When the article is available an automatic message will be sent to you.
No exchanges are accepted, only returns.
You can return your order for any reason within 14 days of receipt. If you wish to exercise your right of return, you must notify us of this intention by email email@example.com.
To be eligible for a return, the packaging, tags and items must be intact, you have the right to open the packaging to check the items, but the product cannot have any sign of use, so we recommend trying the shoes on soft surfaces, such as carpets or similar.
As part of our sustainability policy, we recommend that you consult our table of sizes, so that it is possible to avoid returns and to reduce our ecological footprint. You can also consult our customer support to clarify your doubts.
Return cost is borne by GIGA for The Netherlands, Belgium and Germany. In the case of orders placed from other European countries the return is free of charge, shipping costs will not be refunded.
Refunds may take up to 5 working days after receiving the returned goods. After checking the status of the packaging and products, the refund will be made using the same payment method used during the purchase. Please note that the refund term will depend on the payment method used and your bank.
12. Force majeure reasons
The Company shall not be responsible and will not assume any responsibility for failures or delays in delivery resulting from events, acts, omissions, failures or accidents to which it is unrelated and which are not under its control, including, among others and without limitation:
• Restrictions, limitations, government measures or measures approved by local authorities that restrict the commercial activity;
• Embargoes or measures in general that restrict imports or exports;
• Strikes, lock-outs or other labour disputes involving our company or third parties which affect our production or trade;
• Manufacturing/production failures resulting from power failures, breakdowns in machinery or shortages of labour or raw materials.
• Delays or defective deliveries by suppliers;
• Natural disasters or extreme weather events;
• Impossibility of using means of products transportation;
• Imminent risk of damage, in cases of armed conflict, hostilities, civil war or insurrections, war or threat of war;
• Any other reasonable causes beyond the Company's control.
13. Risk and property
The risk of damage or loss of the products will be borne by the customer, from the moment of delivery. Ownership of the products will only pass to the customer after the seller receives full payment of the price, tax due and any other associated costs.
The Company guarantees that its goods will be supplied without material or manufacturing defects. The warranty on the goods covers manufacturing defects or material failure but does not cover damage caused by accident, misuse, negligence or resulting from extensive, careless and reckless use, also not covering discoloration or wear of the material resulting from exposure or intense use or resulting from the normal course of time.
The customer must report the non-conformity of the goods within 2 months from the date on which the defect was detected and always within the warranty period.
If the product purchased has a defect covered by the warranty, the customer must proceed as follows, depending on how he purchased the products:
Bought from an GIGA dealer:
In this case, the point of contact must be the physical store where you purchased the product, make sure you take a proof of purchase with you. The dealer will review the problem with you and ask for a possible solution.
Bought from the official online store GIGA:
If a product you ordered through our web shop has arrived damaged or defective, we would like to receive notification of it within 2 days of delivery. Send us an email to firstname.lastname@example.org with your order number and at least 2 photographs of the damage, so that we can resolve it as soon as possible.
Warranty period and effects
In the case of proven defects resulting from material or manufacturing failure of the product, the customer will be entitled to a free replacement. Any other warranty rights are expressly excluded. The customer's testing and claim obligations, as well as the warranty period, are determined by the legal provisions in force in the country of the seller. The warranty period starts from the date of delivery of the goods. Product information does not guarantee their characteristics.
If you have any complaints to follow up. You should fill out the form on our website for this purpose.
The company has a well-publicized complaint and handles them under this procedure.
The complaints must be fully and clearly described.
Complaints submitted to the company will be answered within 14 days from the date of receipt. If a complaint requires a longer foreseeable processing time, the company will respond within 14 days with a message of receipt and an indication of when the consumer can expect a more detailed response.
Dutch law applies exclusively to the agreements between the company and the consumer to which these general terms and conditions apply.
The Vienna Convention on Sales does not apply.
All disputes between the company and the consumer must be submitted via the European ODR platform ec.europa.eu/consumers/odr.