Terms and Conditions
Article 1 - Definitions
In these terms and conditions::
1. Reflection: the period within which the other party can use its right of withdrawal;
2. Other party: the natural or legal person with whom the agreement for the delivery of products and services of Bladi Shop is closed
3. Day: calendar day;
4. Right of withdrawal: the possibility for the other party to refrain from the remote agreement within the cooling -off period;
5. Entrepreneur: the natural or legal person who offers products and/or services remotely to the other party;
6. Distance agreement: an agreement in which in the context of a system for sales of products and/or services organized by the entrepreneur, up to and including the conclusion of the agreement, use is made solely of one or more techniques for remote communication;
7. Technology for remote communication: means that can be used for concluding an agreement, without the other party and entrepreneur coming together simultaneously in the same room.
Article 2 - Identity of the entrepreneur
Bladi e.g.
Article 3 - Applicability
1. These General Terms and Conditions apply to every offer of the entrepreneur and to every conclusion of a distance between entrepreneur and the other party.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the other party. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the other party.
3. If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the other party in such a way in such a way that this by the The other party can be stored in a simple way on a sustainable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be taken into account electronically and that they will be sent free of charge electronically or in any other way at the request of the other party.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraph applies mutatis mutandis and the other party can always rely on the applicable provision for him in the event of conflicting general terms and conditions is most favorable.
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to make a good assessment of the offer possible by the other party. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the other party what the rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- whether the agreement is archived after the conclusion, and if so how it can be consulted for the other party;
- the way in which the other party, before concluding the agreement, can check the information provided by him in the context of the Agreement and, if desired, recover;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
Article 5 - The Agreement
1. The Agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the other party of the offer and the compliance with the conditions set.
2. If the other party has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the other party can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the other party can pay electronically, the entrepreneur will take appropriate safety measures to this end.
4. The entrepreneur can - within the legal frameworks - inform himself whether the other party can meet his payment obligations, as well as all those facts and factors that are important for a separate interlocution of the distance agreement. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
5. With the product or service to the Other Party, the entrepreneur will send the following information in writing or in such a way that it can be stored in an accessible manner by the other party on a sustainable data carrier:
a. the visiting address of the entrepreneur's location where the other party can go with complaints;
b. the conditions under which and the way in which the other party can use the right of withdrawal, or a clear report on the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the other party before the implementation of the agreement;
e. The requirements for cancellation of the agreement if the agreement has a duration of more than one year or is an indefinite duration.
Article 6 - right of withdrawal
1. When purchasing products, the Other Party has the option of dissolving the agreement for 14 days without giving reasons. This cooling -off period starts on the day after receipt of the product by the other party or a representative designated by the other party in advance and to the entrepreneur.
2. During the cooling -off period, the other party will handle the product and the packaging carefully. He will only unpack or use the product to that extent insofar as it is necessary to be able to assess whether it wishes to retain the product. If he uses his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Costs in case of withdrawal
1. If the other party uses his right of withdrawal, the costs of return will be for its account.
2. If the other party has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 - Exclusion of the right of withdrawal
1. The entrepreneur can exclude the right of withdrawal of the other party insofar as provisions of paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with specifications of the other party;
b. who are clearly personal in nature;
c. that cannot be returned by their nature;
d. who can spoil or age quickly;
e. of which the price is bound by fluctuations on the financial market on which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. For audio and video recordings and computer software of which the other party has broken the seal.
h. For fabrics. The legal "cooling -off period" does not apply to this. As stated in the Civil Code 7 Article 46d paragraph 4b 1 (Article 7: 46d paragraph 4 (b) (1) of the Dutch Civil Code).
Article 9 - The price
1. During the validity period stated in the offer, the prices of the products and/or services offered are not increased, unless price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound by fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. This bondage to fluctuations and the fact that any prices mentioned are target prices are stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and::
a. these are the result of legal regulations or provisions; or
b. The other party The authority has to cancel the agreement with effect from the day on which the price increase starts.
5. The prices mentioned in the range of products or services include VAT.
Article 10 - Conformity and warranty
1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, to the reasonable requirements of reliability and/or usability and the legal statutory on the date of the conclusion of the Agreement provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the other party can assert against the entrepreneur on the basis of the agreement.
Article 11 - Delivery and implementation
1. The entrepreneur will observe the greatest possible care when receiving and in the implementation of orders of products and when assessing applications for services.
2. As a place of delivery, the address that the other party has made known to the company is the address.
3. With due observance of what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders with due speed but no later than 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially executed, the other party will notify this no later than 30 days after it has placed the order. In that case, the other party has the right to terminate the agreement without costs and the right to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the other party has paid as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to make a replacement item available. It will be reported in a clear and understandable manner at the latest that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the other party or a representative designated and announced to the entrepreneur, unless explicitly agreed otherwise.
7. The Other Party has the obligation to investigate on delivery whether the products comply with the agreement. If this is not the case, the Other Party must inform the entrepreneur of this as soon as possible and in any case within seven (7) working days after delivery, at least after observation was reasonably possible, in writing and with reasons.
8. If it has been demonstrated that the products do not comply with the agreement, the entrepreneur has the choice to replace the products in question with new products or to refund the invoice value.
Article 12 - Payment
1. To the extent that it has not been agreed, the amounts owed by the other party must be paid within 14 days of the start of the cooling -off period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period After the other party has received the confirmation of the agreement.
2. The other party has the duty to immediately report inaccuracies in provided or stated payment data to the entrepreneur.
3. In the event of non -payment from the other party, the entrepreneur has the right to charge the reasonable costs incurred in advance to the other party, subject to legal restrictions.
4. If the payment term is exceeded, the Other Party will be owed in default from the day that payment should have been made in default and the other party will owe a default interest of 1% per month or part of a month on the outstanding amount from that day. If payment takes place after reminder by the entrepreneur, the other party owes an amount of twenty -five euros (€ 25.00) to administration costs and if the entrepreneur outsources its claim for collection, the other party will also owe the collection costs, which at least fifteen percent (15% ) of the outstanding amount, without prejudice to the entrepreneur's authority to claim the actually incurred extrajudicial collection costs instead.
5. If the other party is in default with any payment, the entrepreneur is entitled to suspend (the execution of) the relevant agreement and related agreements, or to terminate it.
Article 13 - Complaints procedure
It can always happen that something is not entirely as planned. We recommend that you first make complaints known to us by emailing to info@bladi.shop. If this does not lead to a solution, it is possible to register your dispute for mediation through the Webwinkelkeur Foundation via https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil/. From 15 February 2016, it is also possible for consumers in the EU to report complaints via the European Commission's ODR platform. This ODR platform can be found on http://ec.europa.eu/odr. If your complaint is not yet processed elsewhere, you are free to deposit your complaint via the European Union platform.
Article 14 - Disputes
1. In agreements between the entrepreneur and the other party to which these general terms and conditions relate, only Dutch law applies.
Article 15 - Additional or different provisions
Additional or deviating provisions deviating from these general terms and conditions may not be to the detriment of the other party and must be recorded in writing or in such a way that the other party can be stored in an accessible manner on a sustainable data carrier.