Terms of Service

Acceptance of Terms

By accessing and using the website and services provided by brainhubers B.V. ("brainhubers", "we", "us", or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not use our website or services.

These terms apply to all users of our website, including browsers, customers, and other users who access or use our services. You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our services.

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any changes constitutes acceptance of the new terms.

Description of Services

brainhubers provides online retail services including but not limited to product sourcing, inventory management, customer support, logistics, and quality assurance. Our services are designed to help businesses and individuals access premium products and retail solutions across the European Union.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We may also impose limits on certain features or restrict access to parts or all of our services without notice or liability.

All services are subject to availability and our acceptance of your order or request. We reserve the right to refuse service to anyone for any reason at our sole discretion.

User Obligations

By using our services, you agree to comply with all applicable laws, regulations, and these Terms of Service. You are responsible for your conduct and any content you submit through our website or services.

Prohibited Uses

You agree not to use our website or services for any of the following purposes:

Any unlawful purpose or to solicit others to perform unlawful acts
To violate any international, national, or local laws or regulations
To infringe upon or violate our intellectual property rights or the rights of others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
To submit false or misleading information
To upload or transmit viruses or any other type of malicious code
To collect or track personal information of others
To spam, phish, pharm, pretext, spider, crawl, or scrape
For any obscene or immoral purpose
To interfere with or circumvent security features of our services

Account Security

If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account or any other breach of security.

Orders and Payments

When you place an order with brainhubers, you are making an offer to purchase products or services. All orders are subject to our acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.

Prices for our products and services are subject to change without notice. We strive to provide accurate pricing information, but errors may occur. In the event of a pricing error, we reserve the right to cancel the order or contact you for instructions.

Payment must be made in full before delivery of products or services unless otherwise agreed in writing. We accept various payment methods as indicated on our website. All payments are processed securely, and we do not store your payment information.

Delivery and Returns

Delivery times are estimates and may vary depending on product availability and your location within the European Union. We will make reasonable efforts to deliver products within the estimated timeframe, but we are not liable for delays beyond our control.

Risk of loss and title for products pass to you upon delivery. You are responsible for inspecting products upon delivery and notifying us of any defects or discrepancies within a reasonable time.

Returns and refunds are subject to our return policy, which may vary depending on the type of product or service. Please contact us at support@brainhubers.pro for information about returns and refunds.

Intellectual Property

The content, features, and functionality of our website and services, including but not limited to text, graphics, logos, images, software, and their compilation, are the exclusive property of brainhubers or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use our website and services for their intended purpose. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our content without our prior written consent.

The brainhubers name, logo, and all related product and service names, design marks, and slogans are trademarks of brainhubers. You may not use these marks without our prior written permission.

If you believe that any content on our website infringes your intellectual property rights, please contact us at legal@brainhubers.pro with details of the alleged infringement.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR). For questions about our privacy practices, please contact us at privacy@brainhubers.pro.

Limitation of Liability

To the fullest extent permitted by applicable law, brainhubers and its directors, employees, agents, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of our website or services.

Our total liability to you for all claims arising out of or relating to these Terms of Service or your use of our services shall not exceed the amount you paid to us for the specific service or product giving rise to the claim during the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of our content or services. Your use of our website and services is at your own risk.

Indemnification

You agree to defend, indemnify, and hold harmless brainhubers and its directors, employees, agents, suppliers, and affiliates from and against any claims, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:

Your use of our website or services
Your violation of these Terms of Service
Your violation of any rights of another party
Any content you submit through our services

We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with our defence of such claims.

Governing Law

These Terms of Service and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or related to these Terms of Service shall be brought exclusively in the competent courts of the Netherlands, and you consent to the jurisdiction of such courts.

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the intent of the original provision.

Termination

We may terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms of Service.

You may terminate your use of our services at any time by discontinuing your access to our website and services. If you have an account with us, you may also request account deletion by contacting us at support@brainhubers.pro.

Upon termination, your right to use our services will cease immediately. Provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to intellectual property rights, liability limitations, indemnification, and governing law.

Force Majeure

brainhubers shall not be liable for any failure or delay in performing its obligations under these Terms of Service if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, government actions, or technical failures.

In the event of a force majeure situation, we will make reasonable efforts to notify affected users and resume normal operations as soon as possible.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by brainhubers on our website, constitute the entire agreement between you and brainhubers concerning your use of our website and services.

No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Contact Information

If you have any questions about these Terms of Service, please contact us using the following information:

Legal Department

Email: legal@brainhubers.pro
Phone: +31 365274945
Address: brainhubers B.V., Vijverweg 223, 1387 OI Almere, Flevoland, Netherlands
Business Hours: Monday - Friday: 9:00 - 18:00

Important Notice