Terms of service
Introduction and Agreement
This website (“Site”) is owned by Burnt Group EU B.V. (“the Company” / “us” / “we”). Burnt Studios means Burnt Group EU B.V. (KVK number 42108752), registered in the Netherlands, with its registered office at Zuidplein 116, Tower H, Level 14, 1077XV Amsterdam.
The Site incorporates the Burnt Studios Online Site and, except where the context otherwise indicates, references to “the Site” include the Burnt Studios Online Site. The Site promotes the sale of the Company’s products as well as other products (collectively “the Products”).
By shopping or browsing on this Site, you:
- represent and warrant that you have read and understood these terms and conditions as well as the policies displayed on this Site; and
- agree to be bound by these terms and conditions as well as the policies (collectively “the Agreement”).
Nothing in this Agreement limits or excludes any rights you have as a consumer under the mandatory laws of your country of residence, which continue to apply regardless of this Agreement.
PLEASE DO NOT USE THIS SITE IF YOU DO NOT ACCEPT, AND AGREE TO BE BOUND BY, THIS AGREEMENT.
Product Pricing and Availability
The Products displayed on this Site are subject to availability. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and services offered on this Site, provided that this does not affect any order you have already placed and paid for.
Discount Codes
Burnt Studios reserves the right to remove all discount codes on major sale days such as Black Friday. No previously acquired discount codes can be applied on such days.
Colours
We make every effort to display the colours of our products as accurately as possible. As the actual colours you see will depend on your device’s screen, we cannot guarantee that any screen will display colours with complete accuracy. This does not affect your statutory right to withdraw from your purchase within the applicable cancellation period, or your right to a remedy if a product is genuinely not as described, as set out in our Returns & Refunds Policy.
Intellectual Property
All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Site are owned by the Company, or the Company is the lawful user thereof. Such rights are protected by applicable EU and international intellectual property laws. All data and information communicated to or from the Site, and any Site information and database, is the sole property of Burnt Studios.
The Company grants you permission to view, electronically copy and print portions of the Site for the sole purpose of placing an order with the Company for any of the Products.
Any other use of materials on the Site, including without limitation the unauthorised submission, removal, modification, dissemination, copying or distribution of copyrighted or other proprietary content, without the prior written consent of the Company and/or the lawful trademark and/or copyright owner (if applicable), is prohibited and constitutes an unlawful infringement of the intellectual property rights of the Company and/or such trademark and/or copyright owner.
Trademarks
“Burnt”, “Burnt Studios”, the Burnt Studios logo, the Company logo, and all other marks, logos and trade names appearing on this Site are trademarks of the Company, its holding company or affiliates, or of third parties who have authorised the Company to display such trademarks on the Site. Nothing on this Site should be construed as granting, by implication or otherwise, any licence or right to use any trademark displayed on this Site without the express prior written consent of the Company. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this Site, and you undertake not to infringe any right of the Company or trademark owners in respect of such trademarks. Use of the trademarks on any other website or networked computer environment is prohibited.
Unlawful use
You shall not use this Site to send or post any message or material that is unlawful, harassing, defamatory, abusive, threatening, obscene, sexually-orientated, racially offensive, profane, or which violates any applicable law. You agree to compensate the Company for any direct loss, liability, damage or expense the Company or a third party actually suffers as a direct result of your unlawful use of the Site or our social media platforms.
Links and Advertising
No person, business or other website may link to any page on this Site without the prior written permission of the Company.
External hyperlinks may be provided on the Site, but such links are beyond the Company’s control. You should not interpret the provision of such hyperlinks as constituting any relationship between the Company and any linked third party, nor as an endorsement by the Company of such third party. Hyperlinks to other websites are provided as-is, and the Company does not necessarily agree with, edit, or sponsor the content of such websites. Use of, or reliance on, any external links is at your own risk, without prejudice to any mandatory consumer protections that apply to you.
Any advertising or promotional material displayed on the Site from time to time shall not be interpreted as constituting any relationship between the Company and any third party placing such material, nor as an endorsement by the Company of such third party.
Disclaimers and limitation of liability
Nothing in this section excludes or limits: (i) our liability for death or personal injury caused by our negligence; (ii) our liability for fraud or fraudulent misrepresentation; (iii) your statutory rights regarding the conformity, quality, and fitness for purpose of the Products, including your right to a repair, replacement, price reduction, or refund under applicable EU consumer protection law; or (iv) any other liability which cannot be excluded or limited under applicable law.
Subject to the above, the Site and its contents are provided on an “as is” and “as available” basis and have not been compiled to meet your individual requirements. It is your responsibility to satisfy yourself, before placing an order, that the Site meets your requirements and is compatible with your hardware and/or software.
Subject to the mandatory rights described above, the Company does not make representations or give warranties regarding the accuracy of the Site’s content, the effectiveness of any security or encryption facilities, or the availability of Products and/or delivery arrangements and times, and does not warrant that the Site will be uninterrupted, error-free, or free from viruses or other harmful components.
Subject to the mandatory rights described above, the Company shall not be liable to you for any indirect or consequential loss or damage arising from or in connection with this Agreement, the delivery, non-delivery, or incorrect delivery of Products, or your use or possession of the Products or services. Our total liability to you for any claim arising from a purchase, whether in contract, tort (delict), or otherwise, shall not exceed the price you paid for the relevant Product, except where a higher amount is required by mandatory law (for example, in relation to defective products causing personal injury or property damage under the applicable EU Product Liability rules).
If you act unlawfully in your use of the Site — for example, by posting unlawful content or fraudulently placing an order — you agree to compensate the Company for any direct loss it actually suffers as a result, to the extent permitted by applicable law. This does not require you to indemnify the Company against claims arising from the Company’s own negligence, breach of contract, or breach of your statutory rights.
By accessing this Site, you confirm that you are legally entitled to purchase the Products and that all details you provide are true and complete.
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of the Company. You should seek professional advice before acting on any information, ideas, or opinions expressed on this Site.
Governing law and jurisdiction
This Agreement is governed by the laws of the Netherlands. If you are a consumer, this choice of law does not deprive you of the protection of any mandatory provisions of the law of the country in which you are habitually resident, and you may bring proceedings in relation to this Agreement in the courts of your own country of residence or in the courts of the Netherlands, as permitted by applicable law.
Complaints
If you have a complaint about a Product or your order, please contact us first at support@burnt.co so we can try to resolve it directly. If you are unable to resolve a dispute with us, you may also be able to refer it to a consumer dispute resolution body in your own country. A list of such bodies across the EU/EEA is available at: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies