GENERAL TERMS AND CONDITIONS
Version E 2.0
This page was last modified on April 15, 2020
Dutch text is binding
Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of dissolution
Article 7 - Obligations of the customer during the cooling-off period
Article 8 - Exercise of the right of dissolution by the customer and costs thereof
Article 9 - Obligations of the entrepreneur in case of dissolution
Article 10 - Delivery and execution
Article 11 - Payment
Article 12 - Complaints
Article 13 - Disputes
Article 14 - Additional or different provisions
Article 1 - Definitions
The following definitions apply in these terms and conditions:
1.Additional agreement: an agreement whereby the customer acquires products in connection with a distance agreement and these goods are supplied by the entrepreneur;
2.Cooling-off period: the period within which the customer can make use of his right of dissolution;
3.Customer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
4.Day: calendar day;
5.Digital content: data that is produced and delivered in digital form;
6.Duration agreement: n.a.
7.Sustainable data carrier: any tool - including e-mail - that enables the customer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
8.Right of dissolution: the possibility for the customer to cancel the distance agreement within the cooling-off period;
9.Entrepreneur: the natural or legal person who offers products to customers remotely;
10.Distance agreement: an agreement that is concluded between the entrepreneur and the customer within the framework of an organized system for distance selling of products whereby, up to and including the conclusion of the agreement, exclusive or joint use was made becomes of one or more techniques for distance communication;
11.Model form for cancellation: the European model form for cancellation included in Appendix I of these terms and conditions. Annex I does not have to be made available if the customer has no right of dissolution with regard to his order;
12.Technology for distance communication: means that can be used to conclude an agreement, without the customer and trader having to come together in the same room at the same time.
Article 2 - Identity of the entrepreneur
Bliinkt
AmsterdamThe Netherlands
Mail: info@bliinkt.nl
Chamber of Commerce number: 72997915
Article 3 - Applicability
1.These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.
2.Before the distance agreement is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the customer.
3.If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that the customer can store it in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the customer.
4.In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions the customer can always invoke the applicable provision that is most favorable to him .
Article 4 - The offer
1.If an offer has a limited duration 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, offered. The description is sufficiently detailed to enable a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur
.3.Each offer contains such information that it is clear to the customer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
1.The agreement is subject to the provisions of paragraph 4, concluded at the time the customer accepts the offer and meets the corresponding conditions
.2.If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the customer 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 he will ensure a safe web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
4.The entrepreneur can - within the law - inform himself if the customer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
5.The entrepreneur will send the following information to the customer at the latest on delivery of the product, service or digital content, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium:
6.the address of the establishment of the entrepreneur where the customer can go with complaints;
7.the conditions under which and the way in which the customer can exercise the right of dissolution, or a clear statement regarding the exclusion of the right of dissolution;
8.the information about guarantees and existing service after purchase;
9.the price including all taxes of the product; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement;10.if the customer has a right of dissolution, the model form for dissolution.
Article 6 - Right of dissolution For products:
1.The customer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the customer about the reason for dissolution, but not oblige him to state his reason (s).
2.The cooling-off period referred to in paragraph 1 starts on the day after the customer, or a third party designated by the customer in advance, who is not the carrier, has received the product, or:
Article 7 - Obligations of the customer during the cooling-off period
1.During the cooling-off period, the customer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature and characteristics of the product. The basic principle here is that the customer may only handle and inspect the product as he would be allowed to do in a store.
2.The customer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.3.The customer is not liable for value reduction of the product if the entrepreneur has not provided him with all legally required information about the right of dissolution before or at the conclusion of the agreement.
Article 8 - Exercise of the right of dissolution by the customer and costs thereof
1.If the customer makes use of his right of dissolution, he must report this to the entrepreneur within the dissolution period by means of the model dissolution form or in another unambiguous manner.
2.As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the customer returns the product to the entrepreneur. The customer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3.The customer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4.The risk and burden of proof for the correct and timely exercise of the right of dissolution lies with the customer.
5.The customer bears the direct costs of returning the product. If the entrepreneur has not reported that the customer must bear these costs or if the entrepreneur indicates to bear the costs himself, the customer does not have to bear the costs for return.
6.If the customer makes use of his right of dissolution, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of dissolution
1.If the entrepeneur makes it possible for the customer to withdraw electronically, he will immediately send a confirmation of receipt after receiving this notification.
2.The entrepreneur reimburses all payments made by the customer, including any delivery costs charged by the entrepreneur for the returned product, without delay after receipt of the returned product. Provided that the conditions as stipulated in our return policy have been met.
3.The entrepreneur uses the same payment method that the customer used for reimbursement, unless the customer agrees to a different method. The reimbursement is free of charge for the customer.
4.If the customer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method.
Article 10 - Delivery and implementation
1.The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
2.The place of delivery is the address that the customer has made known to the entrepreneur.
3.With due observance of what is stated about this in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, though at the latest within 3 days. If the delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified of this no later than 3 days after he has placed the order. In that case, the customer has the right to terminate the contract without costs.
4.After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the customer has paid.
5.The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise
Article 11 - Payment
1.In case of payment for the product by means of fund transfer the amount owed by the customer must be paid within 7 days after purchase date. The purchased item is reserved until payment is received.If tthe payment for any reason cannot be made within 7 days, extension of the period can be granted uponrequest by the customer via e-mail. If the payment of the order is not received within the standard or agreed period, the order will be cancelled.
2. Customer is allowed, without stating any reason, to cancel the order free of charge. This can be done via e-mail. A confirmation will be send by e-mail. If the order has already been sent, the return policy applies.
3.The customer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.
Article 12 - Complaints
1.The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure.
2.Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the customer has found 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 foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the customer can expect a more detailed answer.4.The customer must at least give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period a dispute will arise that is subject to the dispute settlement procedure.
Article 13 - Disputes
1.Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 14 - Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium.
Annex I: Model form for dissolution
Open the form here