Terms of service

TERMS & CONDITIONS

These Terms & Conditions ("Terms") govern your access to and use of the Brody Bay website, located at www.brodybay.com, as well as any purchases made through our online store.

By accessing this website or placing an order, you agree to be legally bound by these Terms. If you do not agree with these Terms, please refrain from using our website or purchasing our products.

These Terms apply to all visitors, customers and users of the website.

1. Company Information

This website is operated by:

Brody Bay

Zevenenderdrift 2E
1251 RC Laren
The Netherlands

Email:
info@brodybay.com

Website:
www.brodybay.com

Chamber of Commerce (KvK):
97451886

VAT Number:
NL005271309B22

Throughout these Terms, the words "Brody Bay", "we", "our" and "us" refer to Brody Bay.

The words "customer", "you" and "your" refer to anyone purchasing products through our website.

2. Eligibility

By placing an order through our website, you confirm that:

• you are at least 18 years old, or have permission from a parent or legal guardian;
• you are legally capable of entering into a binding agreement;
• all information provided by you is accurate and complete;
• you will not use our products for unlawful purposes.

We reserve the right to refuse service or cancel orders where these conditions are not met.

3. Products

Brody Bay designs and sells premium swimwear.

We strive to display all products as accurately as possible. However, due to differences in monitors, mobile devices and screen settings, colours may vary slightly from what you see online.

Measurements, product descriptions and images are provided for informational purposes only. Minor variations in colour, stitching, fabric placement or finish may occur and do not constitute manufacturing defects.

Many of our collections are produced in limited quantities. Availability is therefore not guaranteed, and products may sell out without notice.

Brody Bay reserves the right to discontinue, modify or replace products at any time without prior notice.

4. Product Availability

All products displayed on our website are subject to availability.

Adding a product to your shopping cart does not reserve that product.

If an item becomes unavailable after your order has been placed, we reserve the right to cancel or partially fulfil the order. In such cases, any payment relating to unavailable products will be refunded using the original payment method.

Brody Bay shall not be liable for any inconvenience, disappointment or indirect losses arising from unavailable products.

5. Pricing

All prices displayed on our website are shown in Euros (€), unless otherwise indicated.

Prices include VAT where applicable under Dutch law.

International customers may be responsible for import duties, customs charges, VAT or local taxes imposed by their own country. These charges are not included in our prices and remain the customer's responsibility.

Brody Bay reserves the right to change prices at any time without prior notice.

Price changes will never affect orders that have already been accepted and paid for.

6. Pricing Errors

While we make every effort to ensure accurate pricing, mistakes may occasionally occur.

If a product is listed at an incorrect price due to technical errors, system failures or human error, Brody Bay reserves the right to cancel the order before shipment.

Should this occur, you will be notified promptly and any payment made will be refunded in full.

7. Payment

We currently accept payments through Shopify Payments and any additional payment methods displayed during checkout.

Accepted payment methods may include, but are not limited to:

• Visa
• Mastercard
• iDEAL
• Apple Pay
• Google Pay

Payment is processed securely by our authorised payment providers.

Brody Bay never stores full credit card details.

Orders will only be processed after payment has been successfully authorised.

If payment cannot be completed or is declined, the order will not be accepted.

8. Order Acceptance

After placing an order, you will receive an automatic confirmation email acknowledging receipt of your order.

This confirmation does not constitute acceptance of your order.

A legally binding agreement is only formed once your order has been accepted and dispatched.

Brody Bay reserves the right to refuse or cancel any order for reasons including, but not limited to:

• suspected fraud;
• payment issues;
• incorrect pricing;
• stock shortages;
• technical errors;
• incorrect customer information;
• suspected resale activity;
• violation of these Terms.

If an order is cancelled after payment has been received, the payment will be refunded in full.

9. Customer Information

Customers are responsible for ensuring that all information provided during checkout is complete and accurate.

This includes:

• full name;
• delivery address;
• billing address;
• email address;
• telephone number where applicable.

Brody Bay cannot be held responsible for delays, failed deliveries or additional costs resulting from incorrect or incomplete information supplied by the customer.

10. Changes to Orders

Once an order has been placed, we begin processing it as quickly as possible.

For this reason, we cannot guarantee that changes or cancellations can be made after an order has been submitted.

Customers who wish to request a modification should contact us immediately at:

info@brodybay.com

While we will always do our best to assist, Brody Bay cannot guarantee that requested changes can be accommodated once processing has commenced.

11. Shipping & Delivery

Brody Bay proudly ships worldwide for now from the Netherlands.

Orders are generally processed within 1–2 business days after payment has been successfully received. During new product launches, promotional campaigns, public holidays or periods of high order volume, processing times may be slightly longer.

Once your order has been dispatched, you will receive a shipping confirmation email containing your tracking information, where available.

Estimated delivery times are provided for guidance only and should not be considered guaranteed delivery dates. Delivery times vary depending on the destination country, customs procedures and the local courier.

Although we work with trusted shipping partners, Brody Bay is not responsible for delays caused by circumstances beyond our reasonable control, including but not limited to:

• customs inspections;
• weather conditions;
• transportation disruptions;
• strikes;
• public holidays;
• force majeure events;
• delays caused by the shipping carrier.

12. International Shipping

Brody Bay offers international shipping to most countries worldwide.

Customers are solely responsible for ensuring that products ordered through our website may legally be imported into their destination country.

International shipments may be subject to:

• customs duties;
• import taxes;
• VAT;
• clearance fees;
• local governmental charges.

These charges are determined by the destination country and are not included in the purchase price or shipping costs unless explicitly stated otherwise.

Brody Bay has no control over these charges and cannot estimate their amount.

Failure to pay customs duties or refusal to accept delivery does not entitle the customer to a refund of shipping costs or additional charges incurred by Brody Bay.

13. Shipping Address

Customers are responsible for providing a complete and accurate delivery address during checkout.

If incorrect, incomplete or outdated shipping information is provided, Brody Bay cannot be held liable for:

• delayed deliveries;
• failed deliveries;
• lost parcels;
• additional shipping charges;
• returned shipments.

Should a parcel be returned to us due to incorrect address details supplied by the customer, any costs for reshipping the parcel will be borne by the customer.

14. Risk of Loss

The risk of loss or damage to products transfers to the customer once the order has been delivered to the shipping address provided during checkout.

Where applicable consumer protection laws provide otherwise, those mandatory legal rights shall prevail.

Customers should inspect their order immediately upon delivery and notify Brody Bay as soon as possible if any items appear damaged or incorrect.

15. Retention of Ownership

Ownership of all products remains with Brody Bay until full payment has been received.

Until ownership has transferred, customers may not resell products for commercial purposes where prohibited by applicable law.

16. Returns

We hope you love every Brody Bay piece.

If for any reason you are not completely satisfied with your purchase, eligible items may be returned within 14 days of delivery.

To initiate a return, customers must contact:

info@brodybay.com

Please include:

• your order number;
• your full name;
• the item(s) you wish to return.

Once your request has been reviewed, you will receive further return instructions.

Returns sent without prior contact may experience processing delays.

17. Return Conditions

Returned products must meet all of the following conditions:

• unworn;
• unused;
• unwashed;
• free from perfume, deodorant or cosmetic marks;
• free from stains or damage;
• in their original condition;
• with all original labels attached;
• with the hygiene seal completely intact;
• returned in the original packaging where reasonably possible.

For hygiene reasons, swimwear cannot be accepted if the hygiene seal has been removed, broken or tampered with.

Brody Bay reserves the right to refuse any return that does not comply with these requirements.

If a returned product is refused, it may be sent back to the customer at the customer's expense.

18. Return Shipping Costs

Unless required otherwise under mandatory consumer law, customers are responsible for all return shipping costs.

We strongly recommend using a tracked and insured shipping service.

Brody Bay is not responsible for:

• lost return parcels;
• delayed returns;
• damaged return shipments;
• parcels sent without tracking.

Returns remain the customer's responsibility until they have been received by Brody Bay.

19. Refunds

After receiving and inspecting your returned item(s), we will notify you whether your return has been approved.

Approved refunds will be issued using the original payment method used for the purchase.

Original shipping charges are non-refundable unless required by applicable law.

Please note that your bank or payment provider may require additional time before the refunded amount becomes visible in your account.

20. Non-Returnable Items

For health, hygiene and safety reasons, the following items cannot be returned where permitted by law:

• swimwear with a removed or damaged hygiene seal;
• products showing signs of wear;
• products that have been washed;
• products with perfume, makeup, tanning lotion or deodorant marks;
• products intentionally damaged after delivery;
• gift cards (if offered);
• any personalised or customised products.

Nothing in this section limits mandatory consumer rights under applicable law.

21. Exchanges

At this time, Brody Bay does not guarantee direct product exchanges.

Customers wishing to receive another size or style are encouraged to place a new order and return the original item in accordance with this policy.

This ensures the fastest possible service and avoids stock availability issues.

22. Damaged or Incorrect Products

If you receive a damaged, defective or incorrect product, please contact us within a reasonable period after delivery.

Please include:

• your order number;
• a description of the issue;
• clear photographs of the product;
• photographs of the packaging if applicable.

Brody Bay will assess each claim individually and, where appropriate, offer a replacement, repair or refund in accordance with applicable consumer legislation.

23. Product Care

Our swimwear is carefully designed using premium materials.

To maintain the quality of your product, we recommend:

• rinsing immediately after exposure to salt water or chlorine;
• hand washing in cold water;
• avoiding harsh detergents or bleach;
• drying flat in the shade;
• avoiding tumble drying and ironing.

Normal wear, fading due to sun exposure or damage resulting from improper care does not constitute a manufacturing defect.

24. Consumer Rights

Nothing contained in these Terms shall limit or exclude any mandatory rights granted to consumers under applicable Dutch, European Union or other mandatory consumer protection legislation.

Where any provision of these Terms conflicts with mandatory law, the applicable legal provision shall prevail while the remaining provisions shall continue in full force and effect.

25. Intellectual Property

All content available on the Brody Bay website, including but not limited to:

• product designs;
• photographs;
• videos;
• graphics;
• logos;
• trademarks;
• brand names;
• product names;
• website design;
• written content;
• marketing materials;
• downloadable materials;
• software and code;

is the exclusive property of Brody Bay or its licensors and is protected by applicable copyright, trademark and intellectual property laws.

No part of this website may be copied, reproduced, distributed, published, modified, displayed, sold or used for commercial purposes without the prior written permission of Brody Bay.

Unauthorised use of our intellectual property may result in legal action.

26. Website Use

You agree to use our website only for lawful purposes.

You must not:

• misuse or interfere with the operation of the website;
• introduce viruses, malware or harmful software;
• attempt to gain unauthorised access to our systems;
• use automated software, bots or scraping tools without permission;
• copy website content for commercial purposes;
• impersonate another person;
• provide false or misleading information;
• use the website in any way that could damage the reputation of Brody Bay.

We reserve the right to suspend or restrict access to users who violate these Terms.

27. Customer Accounts

Where customers create an account, they are responsible for maintaining the confidentiality of their login credentials.

Customers are responsible for all activities carried out under their account.

If you believe your account has been accessed without authorisation, please notify us immediately at:

info@brodybay.com

Brody Bay reserves the right to suspend or terminate customer accounts where fraudulent or abusive behaviour is suspected.

28. Promotions & Discount Codes

From time to time, Brody Bay may offer promotional campaigns, discount codes or special offers.

Unless otherwise stated:

• discount codes cannot be exchanged for cash;
• only one discount code may be used per order;
• discount codes cannot be applied retroactively;
• promotions may be withdrawn or modified at any time;
• discount codes remain the property of Brody Bay.

Where misuse or fraudulent use of promotional offers is suspected, Brody Bay reserves the right to cancel affected orders.

29. Gift Cards

If Brody Bay introduces gift cards in the future, separate Gift Card Terms may apply.

Unless otherwise required by law, gift cards are non-refundable and cannot be exchanged for cash.

30. Reviews & User Content

Customers may voluntarily submit reviews, photographs or other content relating to Brody Bay products.

By submitting such content, you grant Brody Bay a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish and display this content for marketing, promotional and commercial purposes.

You confirm that:

• you own the rights to the submitted content;
• the content does not infringe third-party rights;
• the content is truthful and not misleading;
• the content is not offensive, unlawful or defamatory.

Brody Bay reserves the right to remove submitted content at its sole discretion.

31. Limitation of Liability

To the fullest extent permitted by applicable law, Brody Bay shall not be liable for any indirect, incidental, consequential or special damages arising from:

• use of our website;
• inability to use our website;
• delayed deliveries;
• customs delays;
• carrier delays;
• lost profits;
• loss of business;
• loss of data;
• interruption of business;
• technical failures.

Our total liability shall never exceed the purchase price paid for the relevant product giving rise to the claim, unless mandatory law provides otherwise.

Nothing in these Terms excludes liability that cannot legally be excluded under applicable law.

32. Indemnification

You agree to indemnify and hold harmless Brody Bay, its owners, employees, contractors and partners from any claims, liabilities, damages, costs or legal expenses arising from:

• your breach of these Terms;
• misuse of our website;
• unlawful conduct;
• infringement of third-party rights.

33. Force Majeure

Brody Bay shall not be liable for any failure or delay in performing its obligations where such delay results from circumstances beyond our reasonable control.

These circumstances include, but are not limited to:

• natural disasters;
• floods;
• fires;
• pandemics;
• government actions;
• war;
• terrorism;
• labour disputes;
• transportation disruptions;
• internet outages;
• cyber attacks;
• supplier failures;
• customs delays.

Where a force majeure event continues for an extended period, Brody Bay reserves the right to suspend or cancel affected orders.

34. Privacy

The collection and processing of personal information is governed by our Privacy Policy.

By using this website, you acknowledge that you have read and understood our Privacy Policy.

35. Third-Party Links

Our website may contain links to third-party websites or services.

These websites operate independently from Brody Bay.

We are not responsible for the content, privacy practices or availability of third-party websites and encourage customers to review their respective policies before using them.

36. Changes to These Terms

Brody Bay reserves the right to amend, update or replace these Terms & Conditions at any time.

Changes become effective immediately upon publication on our website unless otherwise required by law.

Customers are encouraged to review these Terms periodically.

The version published on our website at the time of purchase will apply to that purchase.

37. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable by a competent court, that provision shall be deemed severed from these Terms.

The remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

38. Entire Agreement

These Terms & Conditions, together with our Privacy Policy and any other policies published on our website, constitute the entire agreement between Brody Bay and the customer regarding purchases made through our website.

They supersede all previous communications, understandings or agreements relating to the same subject matter.

39. Governing Law

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the Netherlands.

Nothing in these Terms shall deprive consumers of mandatory legal protections available under the laws of their country of residence where such protections cannot legally be excluded.

40. Dispute Resolution

In the event of a dispute, both parties agree to first make reasonable efforts to resolve the matter amicably.

If a resolution cannot be reached, disputes shall be submitted to the competent courts of the Netherlands, unless mandatory consumer protection legislation provides otherwise.

Consumers residing within the European Union may also have access to alternative dispute resolution mechanisms where applicable.

41. Contact Information

If you have any questions regarding these Terms & Conditions, please contact us using the details below.

Brody Bay

Zevenenderdrift 2E
1251 RC Laren
The Netherlands

Email: info@brodybay.com

Website: www.brodybay.com

Chamber of Commerce (KvK): 97451886

VAT Number: NL005271309B22

Final Statement

Thank you for choosing Brody Bay.

We are committed to providing premium swimwear, exceptional customer service and a secure shopping experience. By placing an order through our website, you acknowledge that you have read, understood and agreed to these Terms & Conditions.