Algemene voorwaarden
Last updated: 6 June 2026
OVERVIEW
Welcome to Bricky! The terms "we", "us" and "our" refer to Bricky. Bricky operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Bricky is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will be exactly the same as depicted or rendered in our online store, although this does not affect your statutory rights regarding products that must conform to their description (see Section 16).
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Bricky reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Bricky confirms acceptance. We must receive and process your payment before your order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
If you are a consumer, your right to cancel your purchase under your statutory right of withdrawal is set out in Section 5A and is not affected by anything in this section.
Your purchases are also subject to return or exchange in accordance with our Refund Policy.
SECTION 4 — PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Bricky applies the Dutch small business scheme (kleineondernemersregeling, "KOR") and is exempt from VAT (BTW). We therefore do not charge VAT on our products, and no VAT is added or shown at checkout. Shipping, handling and any customs or import charges, where they apply, are shown separately during checkout, unless expressly stated otherwise.
Prices posted in our online store may differ from prices offered by third parties. We may offer, from time to time, promotions that are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use the payment method for the purchase, and (iii) you will pay charges incurred at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 5 — SHIPPING AND DELIVERY
All delivery times are estimates only. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control, except to the extent your statutory rights as a consumer provide otherwise.
If you are a consumer, the risk of loss or damage to products passes to you when you (or a third party designated by you, other than the carrier) take physical possession of the products. Where you have arranged your own carrier not offered by us, risk passes to you on hand-over to that carrier.
SECTION 5A — RIGHT OF WITHDRAWAL (CONSUMERS)
If you are a consumer in the EU, you have the right to withdraw from your purchase within 14 days without giving any reason.
The withdrawal period expires 14 days after the day on which you (or a third party designated by you, other than the carrier) take physical possession of the goods. To exercise the right of withdrawal, you must inform us of your decision by a clear statement (for example by email to brickynl2@gmail.com) before the period expires. You may use the model withdrawal form but this is not obligatory.
If you withdraw, we will reimburse all payments received from you, including the standard delivery costs, without undue delay and no later than 14 days after we are informed of your decision. We may withhold reimbursement until we have received the goods back, or you have supplied proof of return, whichever is earliest. You must send back the goods without undue delay and in any event no later than 14 days from the day you communicate your withdrawal. You bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
The right of withdrawal does not apply to certain goods, including goods made to your specifications or clearly personalized, and sealed goods that are not suitable for return for health or hygiene reasons once unsealed. Full details are set out in our Refund Policy.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Bricky, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Bricky, Shopify or any third party. All rights not expressly granted herein are reserved by Bricky.
Bricky's names, logos, product and service names, designs, and slogans are trademarks of Bricky or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available". We shall have no liability arising from or relating to your use of optional third-party tools, except to the extent your statutory rights provide otherwise.
Any use by you of the optional tools is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which they are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites, except to the extent your statutory rights provide otherwise. Please review the third party's policies and practices before you engage in any transaction. Complaints regarding third-party products and services should be directed to the third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Bricky is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Bricky. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Bricky, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Bricky.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 — FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our reasonable discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice. Where an obvious pricing error affects an order you have placed, we will contact you before processing and you may confirm the order at the correct price or cancel it.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send or re-use any material that does not comply with these Terms; (g) to transmit any advertising or promotional material, including "junk mail," "chain letters," "spam," or similar solicitations; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Bricky, Shopify or users of the Services.
In addition, you agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account if you have violated any part of these Terms.
SECTION 14 — AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that it refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, and you will remain liable for all amounts due up to and including the date of termination. Where you are a consumer, termination does not affect any rights or remedies that have already accrued to you.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk.
Except as expressly stated by Bricky, the Services and all products offered through the Services are provided "as is" and "as available" without representations, warranties or conditions of any kind, either express or implied, to the fullest extent permitted by law.
Nothing in these Terms excludes or limits the statutory rights you have as a consumer that cannot lawfully be excluded or limited. In particular, where you are a consumer, products we supply must conform to the contract (including their description and the quality you can reasonably expect), and you are entitled to the legal conformity guarantee ("wettelijke conformiteitsgarantie") under Dutch law. These rights apply regardless of anything in this section.
SECTION 17 — LIMITATION OF LIABILITY
To the fullest extent permitted by law, Bricky, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, and those of Shopify and its affiliates, shall not be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the Services or any products procured through the Services.
Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. This includes, without limitation, liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for intent or gross negligence, and any liability under mandatory consumer protection law that cannot be excluded or limited. Where you are a consumer, your statutory rights are not affected by this section.
SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bricky, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. This section applies only to the extent permitted by applicable law and does not apply to ordinary consumer use of the Services in line with these Terms.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims.
SECTION 19 — SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.
SECTION 21 — ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations, provided this does not reduce the guarantees you have as a consumer.
SECTION 22 — GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands, and any disputes shall be subject to the competent court in the district where Bricky is established.
If you are a consumer, this choice of law does not deprive you of the protection afforded to you by the mandatory provisions of the law of the country in which you have your habitual residence, and you may also bring proceedings in the courts of that country. EU consumers may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
SECTION 23 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of changes constitutes acceptance of those changes. Changes do not apply retroactively to orders already placed.
SECTION 25 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at brickynl2@gmail.com.
Our contact information is posted below:
- Trading name: Brightmart
- Email: brickynl2@gmail.com
- Business address: Loenermark 808, 1025 VN Amsterdam
- Phone: +31 6 85887864
- Chamber of Commerce (KvK) number: 98287753
- VAT (BTW): Exempt under the Dutch small business scheme (kleineondernemersregeling, KOR)