Terms and conditions Bladi b.v.
https://bladi.shop
General terms and conditions based on the model terms and conditions of the Stichting WebwinkelKeur.
Table of contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions the following definitions apply:
1. Reflection period: the period within which the consumer can make use of their right of withdrawal; Read more about the reflection period
2. Consumer: the natural person who does not act for purposes related to their trade, business or profession and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
7. Model form: the model withdrawal form made available by the entrepreneur that a consumer can complete when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person that offers products and/or services to consumers at a distance;
9. Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, up to and including the moment the agreement is concluded, exclusive use is made of one or more techniques for distance communication;
10. Technology for distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
11. Terms and conditions: the present terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Bladi b.v.
Planetariumlaan 23C
2610 Wilrijk
Belgium
T (+323) 500-1700
E info@bladi.shop
VAT number BE0786523213
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
4. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.
5. If one or more provisions of these general terms and conditions are wholly or partially void or voided at any time, the remainder of the agreement and these terms and conditions remain in force, and the provision in question will be replaced without delay, by mutual agreement, by a provision that approximates the scope of the original provision as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.
7. Any ambiguity about the interpretation or content of one or more provisions of our terms and conditions must be interpreted in the spirit of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to modify and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images and specification data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
6. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price including taxes;
any delivery costs;
the manner in which the agreement will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is filed after it has been concluded, and if so, how the consumer can consult it;
the way in which the consumer, before concluding the agreement, can check the data they have provided under the agreement and correct it if desired;
any other languages, in addition to Dutch, in which the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a duration transaction.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and satisfies the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. Within the limits of the law, the entrepreneur may inform themselves about whether the consumer can meet their payment obligations, as well as about all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this enquiry, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or request, stating their reasons, or to attach special conditions to its performance.
5. The entrepreneur will send the following information to the consumer together with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the entrepreneur's place of business where the consumer can address complaints;
the conditions under which, and the manner in which, the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the information included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to performance of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into subject to the condition precedent of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
For the delivery of products:
1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period commences on the day after receipt of the product by the consumer, or by a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must give notice using the model form or by another means of communication, such as e-mail. After the consumer has notified their wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods delivered were returned in time, for example by means of proof of shipment.
4. If, after the periods referred to in paragraphs 2 and 3 have elapsed, the consumer has not notified their wish to exercise the right of withdrawal, or has not returned the product to the entrepreneur, the sale is considered final.
For the provision of services:
1. When providing services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, starting on the day the agreement is concluded.
2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or, at the latest, upon delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises their right of withdrawal, at most the costs of return shipment will be for their account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days of the withdrawal. This is subject to the condition that the product has already been received back by the online retailer, or conclusive proof of complete return shipment can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.
Article 8 - Exclusion of the right of withdrawal
1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
that have been produced by the entrepreneur according to consumer specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
the delivery of which has started with the express consent of the consumer before the reflection period has expired;
relating to betting and lotteries.
4. Given the made-to-measure nature of our upholstery fabrics, they are excluded from the right of withdrawal as laid down in consumer protection legislation. Once the order has been placed and the upholstery fabrics have been cut to the desired length, cancellation or return is no longer possible.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations, and the fact that any prices stated are target prices, will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory 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:
they result from statutory regulations or provisions; or
the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services are inclusive of VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
3. The statutory warranty applies to all products. The duration of the statutory warranty may vary depending on the nature of the product.
4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery of the defect.
5. The warranty does not apply if:
the consumer has repaired and/or processed the delivered products themselves, or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or handled contrary to the entrepreneur's instructions and/or the instructions on the packaging;
the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in this regard in paragraph 4 of this article, the company will execute accepted orders with due speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notice of this no later than 30 days after having placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of the dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. It will be stated, no later than at the time of delivery, in a clear and comprehensible manner, that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the customer's account.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, termination and renewal
Termination
1. The consumer may terminate an agreement that has been entered into for an indefinite period and that relates to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been entered into for a definite period and that relates to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. With regard to the agreements referred to in the previous paragraphs, the consumer may:
terminate them at any time and is not restricted to termination at a specific time or during a specific period;
terminate them at least in the same manner as they were entered into;
always terminate them with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
1. An agreement that has been entered into for a definite period and that relates to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
2. Notwithstanding the previous paragraph, an agreement entered into for a definite period that relates to the regular delivery of daily papers, news publications and weeklies and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer may terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a definite period that relates to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is permitted to terminate it at any time with a notice period of no more than one month and, in the event that the agreement relates to the regular, but less than monthly, delivery of daily papers, news publications and weeklies and magazines, with a notice period of no more than three months.
4. An agreement with a limited duration for the regular delivery of daily papers, news publications and weeklies and magazines on a trial basis (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period expires.
Duration
1. If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer is obliged to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, a consumer must first contact the entrepreneur. If the online shop is affiliated with WebwinkelKeur, and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this online shop has current membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution has been reached, the consumer has the option of having their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its ruling is binding, and both the entrepreneur and the consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their own discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional provisions, or provisions that deviate from these general terms and conditions, may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.