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TERMS & CONDITIONS

Last Updated: 01-10-2023

Scope
Brawlr. with email contact at info@brawlr.com, (“Brawlr,” “brawlr.wtf,” “us,” “we,” and “our”), operates the website www.brawlr.wtf and brawrl.nl and any related mobile apps (collectively the “Site”) and serves as the seller and your contractual partner when you engage in transactions, such as purchasing products, through the Site. By utilizing the Site, you (“your,” “user,” “users,” “buyer,” “buyers,” “customer,” and “customers”) accept and consent to abide by these Terms of Service (“Terms”) and the entire Agreement (refer to Section 2 below). Please review them thoroughly.

These Terms supersede all prior representations, understandings, or agreements provided by Brawlr. All products, services, and information presented by Brawlr constitute an “invitation to offer.” Your purchase order constitutes your “offer,” which is subject to the Terms. Brawlr reserves the right to accept or reject your offer for any reason at any time.

Definitions
“Agreement” encompasses these Terms, the Privacy Policy, the Warranty and Returns Agreement, and all Information Sheets (e.g., our Shipping Information), schedules, annexes, and appendices related to any of them. It also includes all future amendments, replacements, and variations.
“Cart” is defined in Section 4.2.
“EEA” stands for the European Economic Area.
“EU” denotes the European Union.
“Brawlr,” “brawlr.wtf,” “us,” “we,” and “our” all refer to Brawlr and denote your contracting entity when you use the Site. For purposes of these Terms, they also include all our affiliates that enable users to purchase products listed on the Site.
“Order Confirmation” is defined in Section 4.5.
“Payment Information” is defined in Section 4.3.
“Product” or “products” encompass any goods, products, merchandise, services, offers, or display items presented on the Site by its Vendors, along with the related description, information, warranties, delivery schedule, or procedure.
“Site” refers to the website www.brawlr.wtf and any associated mobile apps.
“Submissions is defined in Section 9.4.
“Terms” refers to these Terms of Service, which constitute part of the Agreement.
“UK” stands for the United Kingdom.
“Vendor,” “seller,” or “affiliate” describes any person or legal entity offering products for purchase on the Site.

Electronic Communication
3.1 When you visit the Site or send emails to us, you are communicating electronically with Brawlr. By doing so, you consent to receive electronic communications from Brawlr, and our representatives may communicate with you via email or within the Site.

3.2 By purchasing products via our Site, you expressly understand, acknowledge, and agree to be bound by the Agreement in effect at the time you place your order. This applies whether or not you are a registered Brawlr user.

3.3 You are only authorized to make a purchase through our Site if you agree to adhere to all applicable laws and this Agreement. In addition to these Terms, you may want to review our Privacy Policy at any time for more information on how we collect, store, and protect your personal data during a purchase, as well as our Warranty and Returns Agreement for more information on your consumer rights.

Formation of Contract and Order Process
4.1 The information presented on the Site serves as an invitation to make an offer rather than a binding offer to sell products. Therefore, when you place an order through our Site, you are submitting an offer to us to purchase the product(s) in your order.

4.2 If you wish to purchase products displayed on the Site, you can add them to your digital shopping cart (“Cart”). To process the order and make payment, you must follow the steps outlined in the purchase process, providing or verifying the requested information at each step. Additionally, throughout the purchase process, prior to payment, you have the option to modify your order details and may be prompted to log into your account or register with us, provide a shipping address, select a payment method, and choose a shipping option.

4.3 You may utilize any payment method listed on our payment information page (“Payment Information”). We do not impose fees for using these payment methods, but you are responsible for any associated transaction costs that may be charged by payment services providers. No other payment methods may be used for payment. Depending on the chosen method, you may need to provide additional details and may be directed to the payment provider’s website to confirm your identity as an authorized user before placing your order. We reserve the right to decline certain payment methods for a specific order and suggest alternative payment methods.

4.4 Once you have entered all required information, including the payment method, you can place your order by clicking the “buy now” button, thereby submitting a binding offer to us to purchase all the product(s) in your Cart. If you are a registered user, you can access records of all your orders in the “My Account” section of the Site or Apps. If you identify an error in your order after completing the payment process, you should promptly contact us to rectify the error.

4.5 We will send you an email message confirming the receipt of your order and containing the order details (“Order Confirmation”) to the email address provided during checkout. The Order Confirmation acknowledges our receipt of your order but does not confirm acceptance of your offer to purchase the product(s) ordered.

4.6 Brawlr. reserves the right to accept or modify any order, regardless of whether the order has been confirmed and/or your credit card or other payment method has been charged. If your order is rejected, you will receive notification at the email address provided during checkout. If any portion of your order is rejected after your credit card or other payment method has already been charged, we will issue a refund to your payment method for the corresponding amount.

4.7 Acceptance of your order and completion of the purchase contract between us occurs when we dispatch the product(s) to you. Following the conclusion of the purchase contract, you will receive a shipping confirmation email at the email address provided during checkout. The terms of the Agreement apply to each such purchase contract.

Promotional Vouchers and Their Redemption
5.1 Promotional vouchers are vouchers that cannot be purchased but are provided during advertising campaigns and remain valid for a specified period.

5.2 Promotional vouchers can be redeemed only once in connection with an order and solely within the designated timeframe. Specific styles may be excluded from the promotion. Promotional vouchers may not be used to purchase gift vouchers. Please note that a minimum order value may apply when using promotional vouchers.

5.3 Promotional vouchers will not be refunded if some or all of the products are returned.

5.4 Promotional vouchers can only be redeemed before the order process is finalized. It is not possible to apply vouchers retroactively. Promotional vouchers may not be transferred to third parties. Unless we provide express agreement, multiple promotional vouchers cannot be combined.

5.5 If you utilized a promotional voucher for your purchase and, as a result of your revocation, the total order value equals or falls below the (minimum) value of the promotional voucher, we reserve the right to charge you the original price for the retained product(s).

Product Availability and Description
6.1 We strive to provide detailed information on the Site regarding products, including product availability, size, color, type, stock quantity, and product description. However, while we make every effort to ensure that the product information on the Site is accurate, typographical errors or inaccuracies may occur. Consequently, we reserve the right to correct any errors, inaccuracies, or omissions and update information at any time without prior notice (including after you have submitted an order). Please be aware that the information provided about products on the Site is for informational purposes only. Prior to using a product, please ensure you read all labels, warnings, and usage instructions provided with the product.

6.2 Please note that the display of product colors on the Site is dependent on your monitor or screen. We cannot guarantee the accuracy of color representation, and colors may vary.

6.3 If you have placed an order for an unavailable product, we will promptly notify you via email and provide an estimated date for when the product will be restocked and available for dispatch. (Please note that some items may not return to stock, and dates are subject to change.) Alternatively, you will have the option to cancel your order and receive an appropriate refund if your payment method has already been charged.

Delivery; Title and Risk of Loss
7.1 Unless otherwise agreed, shipping will be carried out to the delivery address specified by you. Please refer to our Shipping Information for delivery costs by destination and item type, as well as estimated delivery times. Our aim is to deliver your ordered products by the estimated date indicated in the shipping confirmation email (see Section 4.7), or within 30 days of the shipping confirmation email’s date if no specific date is provided. In the event that delivery is delayed for reasons within our control, we will make every effort to keep you informed about the estimated new delivery date. Please note that if the product(s) is/are not delivered within 30 days of the shipping confirmation email, you have the right to cancel the order and receive a full refund for the order amount.

7.2 If you are a consumer residing in the EEA/UK, and subject to Section 7.3 below, title to and the risk of damage or loss of products pass to you upon delivery of your order. If you are not a consumer residing in the EEA/UK, title and risk pass to you upon dispatch of your order to the carrier.

7.3 Title to all ordered and/or delivered products remains vested in Brawlr until Brawlr receives the full purchase price.

Price of Products and Delivery Charges
8.1 The prices of products will be as quoted on the Site at the time you submit your order. We take all reasonable precautions to ensure that product prices are accurate when the relevant information is entered onto the site. Product prices may change periodically, but such changes will not affect any previously placed orders. The product price includes VAT (where applicable). However, if the VAT rate changes between the date of your order and the date of delivery, we will adjust the VAT accordingly, unless you have already paid for the products in full before the VAT change takes effect.

8.2 The product price does not encompass delivery charges. Our delivery charges are presented to you during the check-out process before order confirmation. For relevant delivery charges, please consult our Shipping Information page. The total order cost is comprised of the product prices and the delivery charge. We will also inform you of the delivery charge before you finalize an order.

8.3 The Site offers various products, and despite our best efforts, pricing errors may occur. In the event of an error in the pricing of a product you have ordered, we will notify you of the error and provide the option to proceed with the purchase at the correct price or cancel your order. The order will be put on hold until we receive your instructions. If we are unable to contact you using the contact information provided during the order process, we may, at our discretion, cancel your order immediately and notify you of the cancellation, especially if the pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing.

Creation and Termination of Accounts
By creating an account through our Site, you confirm the accuracy of the information you provide. We retain the right to decline any of our services and terminate your account and any Agreement with you at any time and without notice if we determine that you have provided false or misleading information or have violated or abused any terms of this Agreement or are in breach of applicable laws.

Intellectual Property Rights
10.1 All intellectual property rights, including trademarks and copyrights related to items on the Site, remain the property of Brawlr and/or its subsidiaries or licensors. The Site and its content (including but not limited to logos, organization, graphics, design, compilation, magnetic translation, digital conversion, and other elements associated with the Site) may not be used, copied, or stored in whole or in part, communicated to the public, or distributed without the express written permission and/or license of Brawlr.

10.2 Brawlr grants users a limited license to access its Site. This does not include the right to download (except for page caching) or modify the Site or any portion of it unless Brawlr provides express written consent for such actions. This license does not encompass re-selling or commercially using the Site or its contents; collecting and using product listings, images, descriptions, or prices; creating derivative works from the Site or its contents; downloading or copying account information for the benefit of another merchant; or using data mining, bots, or similar data gathering and extraction tools. The Site or any part thereof may not be reproduced, duplicated, sold, re-sold, copied, visited, or otherwise exploited for any commercial or non-commercial purpose without our express written consent. You may not frame or employ framing techniques to enclose any trademarks, logos, or proprietary information (including page layout, images, text, or form) of Brawlr or our affiliates without express written consent. You may not use our trademark, Brawlr’s name, or our trademarks in meta tags or any other “hidden text” without Brawlr’s express written consent. Any unauthorized use terminates the permission or license granted by Brawlr. This limited license does not affect any third party’s rights.

10.3 In our commitment to respecting intellectual property rights, we respect the intellectual property rights of others. If you believe that material on the Site or linked through Brawlr violates your intellectual property rights, we encourage you to send an email to info@brawlr.com.

10.4 Brawlr.® and the various logos are registered trademarks.

Warranty and Returns; Right of Withdrawal
11.1 If you are a consumer residing in the EEA or the UK, statutory provisions regarding your right of withdrawal, warranty claims, and returns shall apply.

11.2 If you are a consumer residing outside the EEA or the UK, mandatory local consumer protection provisions shall govern your right of withdrawal, warranty claims, and returns.

11.3 For more details on clauses 11.1 and

11.2, please refer to our Warranty and Returns Agreement, which forms part of this Agreement.

Limitation of Liability
12.1 Subject to any applicable mandatory statutory provisions, including but not limited to consumer rights mentioned in our Warranty and Returns Agreement, and provisions pursuant to EU Directive 85/374/EC or applicable national laws concerning liability for defective products, all content displayed on the Site is provided without any guarantees, conditions, or warranties regarding its accuracy.

12.2 Unless expressly stated otherwise and to the fullest extent permitted by law, Brawlr and its suppliers, content providers, and advertisers explicitly disclaim all conditions, warranties, and other terms that might otherwise be implied by statute, common law, or equity and shall not be liable for any damages.

12.3 If you are a consumer residing in Germany, clause 12.2 reads as follows: Unless expressly stated otherwise and to the fullest extent permitted by law, Brawlr and its suppliers, content providers, and advertisers explicitly disclaim all conditions, warranties, and other terms that might otherwise be implied by statute, common law, or equity and shall not be liable for any damages. This does not include claims for damages arising from injury to life, body, health, or from the breach of essential contractual obligations and liability for other damages based on an intentional or grossly negligent breach of duty by Brawlr, its legal representatives, employees, or vicarious agents. Essential contractual obligations are those which need to be fulfilled to achieve the purpose of the contract. In the event of a breach of essential contractual obligations, Brawlr shall only be liable for the foreseeable damage typical for the type of contract if such damage was caused by simple negligence, unless the claims are based on injury to life, body, or health.

12.4 The limitation of liability also extends to our legal representatives, employees, and vicarious agents if claims are made directly against them.

Linking to this Site
You may link to our Site, provided that you do so fairly and legally and refrain from harming our reputation or misrepresenting any association, approval, or endorsement on our part. You may not establish a link from any website not owned by you. The Site, including its content, may not be framed on any other website and/or app, and you may not create links to any part of this Site or the linked webpages other than the main page. We reserve the right to withdraw linking permission without notice.

Indemnity
14.1 You agree to indemnify, defend, and hold harmless Brawlr and any of its affiliates, suppliers, licensors, and partners, as well as its directors, officers, employees, consultants, and agents, to the fullest extent permitted by law, from any and all third-party claims, liabilities, damages, and/or costs (including but not limited to legal fees) arising from or related to your use of the Site or breach of the Agreement.

14.2 We will promptly notify you of any such claim and provide you (at your expense) with reasonable assistance in defending the claim. We reserve the right, without affecting your indemnification obligations, to assume exclusive defense of any claims brought against us. In such a case, you will provide all reasonable assistance, documents, declarations, or other support as required by us.

Variation
Brawlr. retains the right to amend, remove, or modify the services and/or any page of the Site at its absolute discretion and without prior notice.

Severability
If any part of the Terms or the entire Agreement is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms or the entire Agreement will not be affected. The remaining clauses shall remain in full force and effect. Where possible, any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid. The clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as permitted by law.

Complaints; Dispute Resolution
17.1 We operate a complaints handling procedure that we will utilize to attempt to resolve disputes when they first arise. Please inform us if you have any complaints or comments.

17.2 For residents in the EEA, the European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

No Waiver
No waiver of any term of this Agreement shall be considered a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.

Assignment
You may not assign or transfer these Terms or the Agreement (or any of your rights or obligations under the Terms or the Agreement) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer these Terms or the Agreement by providing you with respective notice. The Terms or Agreement then become effective for your and the assignee’s benefit.

Governing Law and Jurisdiction
20.1 These Terms and the entire Agreement are governed by and construed in accordance with the laws of The Netherlands, and the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. If you are a consumer residing in the EEA or UK, the application of mandatory legal provisions of the country of your habitual residence remains unaffected by this choice of law.

20.2 Any dispute or claim associated with these Terms or the entire Agreement shall be subject to the exclusive jurisdiction of the Dutch courts. If you are a consumer residing in the EEA or UK, your right to bring a claim in the country of your habitual residence remains unaffected. Please also refer to Section 16.2 above for the online dispute resolution platform provided by the European Commission.

Entire Agreement
The Agreement (including these Terms) constitutes the only and entire agreement between you and us concerning the use of the Site and any transactions through it and supersedes any and all preceding and contemporaneous agreements between you and us.

Updates and Amendments to this Agreement
22.1 Subject to applicable legal conditions, Brawlr reserves the right to modify this Agreement at any time without your prior consent. However, Brawlr will inform its customers of any changes to the Agreement. Your continued use of the Site constitutes acceptance of the Agreement with all such changes. It is your responsibility to periodically check the Site for any potential changes to the Agreement.

22.2 In addition, Brawlr. may post additional terms, conditions, rules, or requirements related to the Site or any services provided on it at its sole discretion. Furthermore, Brawlr may provide other services governed by distinct terms of service.

22.3 The Agreements in effect at the time of your use of the Site or purchase of products through the Site apply, regardless of any previous Agreements you may have entered into with us based on different (prior) terms.

Contact Information
Questions regarding these Terms or the entire Agreement should be directed to us at info@brawlr.wtf.

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