Terms of service

GENERAL TERMS AND CONDITIONS FOR ONLINE SALES (B2C)

Article 1: Definitions

  1. Bloemoloog, located in Alkmaar, Chamber of Commerce number 90413474, is referred to as the seller in these general terms and conditions.
  2. The counterparty of the seller is referred to as the buyer in these general terms and conditions.
  3. The parties are the seller and the buyer together.
  4. The agreement refers to the purchase agreement between the parties.

Article 2: Applicability of General Terms and Conditions

  1. These conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
  2. Deviation from these conditions is only possible if expressly and in writing agreed upon by the parties.

Article 3: Payment

  1. The full purchase price is always paid immediately in the webshop. In some cases, a deposit may be expected for reservations. In that case, the buyer receives proof of the reservation and the advance payment.
  2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
  3. In case of default, the seller will proceed with collection. The costs associated with this collection are borne by the buyer and are calculated in accordance with the Extrajudicial Collection Costs Decree.
  4. In case of liquidation, bankruptcy, attachment, or suspension of payment of the buyer, the seller's claims against the buyer are immediately due.
  5. If the buyer refuses to cooperate in the execution of the assignment by the seller, he is still obliged to pay the agreed price to the seller.

Article 4: Offers, Quotations, and Price

  1. Offers are non-binding unless a term of acceptance is specified in the offer. If the offer is not accepted within that specified period, the offer lapses.
  2. Delivery times in quotations are indicative, and exceeding them does not give the buyer the right to dissolve the agreement or claim damages unless expressly and in writing agreed upon by the parties.
  3. Offers and quotations do not automatically apply to subsequent orders. The parties must expressly and in writing agree on this.
  4. The price mentioned on offers, quotations, and invoices consists of the purchase price including the applicable VAT and any other government levies.

Article 5: Right of Withdrawal

  1. The consumer has the right to dissolve the agreement (right of withdrawal) within 30 days after receiving the order without giving any reason. The period starts from the moment the consumer has received the (entire) order.
  2. There is no right of withdrawal when the products are made to the consumer's specifications or are perishable.
  3. The consumer can use a withdrawal form from the seller. The seller is obliged to provide this to the buyer immediately upon request.
  4. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all accessories and, if reasonably possible, in the original shipping packaging to the seller, following the reasonable and clear instructions provided by the seller.

Article 6: Amendment of the Agreement

  1. If, during the execution of the agreement, it appears that it is necessary to change or supplement the activities to be performed, the parties will adjust the agreement accordingly in a timely manner and in consultation.
  2. If the parties agree that the agreement will be amended or supplemented, the completion time of the execution may be affected. The seller will inform the buyer of this as soon as possible.
  3. If the amendment or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer in writing in advance.
  4. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or addition to the agreement will result in an exceeding of this price.
  5. Contrary to the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to him.

Article 7: Delivery and Transfer of Risk

  1. As soon as the purchased item is received by the buyer, the risk passes from the seller to the buyer.

Article 8: Inspection and Complaints

  1. The buyer is obliged to examine the delivered goods at the time of (delivery), but in any case, as soon as possible, to (have them) examine whether the quality and quantity of the delivered goods correspond to what the parties have agreed, or that the quality and quantity meet the requirements that apply in normal (trade) traffic.
  2. Complaints regarding damage, shortages, or loss of delivered goods must be submitted to the seller in writing by the buyer within 10 working days after the day of delivery of the goods.
  3. In case of a justified complaint within the specified period, the seller has the right to either repair, replace, or refrain from delivery and send the buyer a credit note for that part of the purchase price.
  4. Minor and/or customary deviations and differences in quality, quantity, size, or finish cannot be objected to the seller.
  5. Complaints about a specific product have no effect on other products or parts belonging to the same agreement.
  6. After the processing of the goods by the buyer, no further complaints will be accepted.

Article 9: Samples and Models

  1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the item to be delivered needing to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.
  2. In agreements concerning real estate, mentioning the surface area or other dimensions and indications is also presumed to be intended only as an indication without the item to be delivered needing to correspond to it.

Article 10: Delivery

  1. Delivery takes place 'ex warehouse.' This means that all costs up to €50 are for the buyer.
  2. The buyer is obliged to take delivery of the goods at the moment the seller delivers or has them delivered, or at the moment when these goods are made available to him according to the agreement.
  3. If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the item at the expense and risk of the buyer.
  4. If the goods are delivered, the seller is entitled to charge any delivery costs.
  5. If the seller needs data from the buyer for the execution of the agreement, the delivery time starts after the buyer has made this data available to the seller.
  6. A delivery period specified by the seller is indicative. This is never a final deadline. In case of exceeding the deadline, the buyer must notify the seller in writing of default.
  7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing, or partial delivery has no independent value. In the case of delivery in parts, the seller is entitled to invoice these parts separately.

Article 11: Force Majeure

  1. If the seller cannot, not in a timely manner, or not properly fulfill its obligations under the agreement due to force majeure, he is not liable for damages suffered by the buyer.
  2. The parties understand force majeure to mean any circumstance that the seller could not reasonably take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or the threat of war, civil war and riot, sabotage, terrorism, power outage, flood, earthquake, fire, business occupation, strikes, labor lockouts, changed government measures, transport difficulties, and other disruptions in the seller's business.
  3. Furthermore, the parties understand force majeure to mean the circumstance that supplier companies on which the seller depends for the execution of the agreement do not meet their contractual obligations to the seller unless this is attributable to the seller.
  4. If such a situation as referred to in the previous paragraph occurs, as a result of which the seller cannot meet its obligations towards the buyer, those obligations are suspended as long as the seller cannot meet its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.

Article 12: Transfer of Rights

  1. Rights of a party from this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a clause with real rights as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Article 13: Retention of Title and Right of Retention

  1. The items present at the seller and delivered items and parts remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can rely on his retention of title and take back the items.
  2. If the agreed advance payment amounts are not paid or not paid on time, the seller has the right to suspend the work until the agreed part has been paid. This constitutes a debtor's default. A delayed delivery cannot be objected to the seller in that case.
  3. The seller is not authorized to pledge the items falling under his retention of title or to encumber them in any other way.
  4. The seller undertakes to insure the items delivered under retention of title to the buyer and to keep them insured against fire, explosion, and water damage, as well as against theft, and to provide the policy for inspection at the first request.
  5. If items have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The item will not be delivered until the buyer has paid in full and in accordance with the agreement.
  6. In the event of liquidation, insolvency, or suspension of payment of the buyer, the obligations of the buyer are immediately due and payable.

Article 14: Liability

  1. Any liability for damage arising from or related to the performance of an agreement is always limited to the amount that will be paid in the relevant case by the closed liability insurance(s). This amount is increased by the amount of the deductible according to the relevant policy.
  2. The liability of the seller for damage resulting from intent or conscious recklessness of the seller or his managerial subordinates is not excluded.

Article 15: Complaint Duty

  1. The buyer is obliged to report complaints about the obtained products immediately to the seller. The complaint contains the most detailed description possible of the shortcoming so that the seller can respond adequately.
  2. If a complaint is justified, the seller is obliged to repair the goods and, if necessary, replace them.

Article 16: Warranties

  1. If guarantees are included in the agreement, the following applies. The seller guarantees that the sold item corresponds to the agreement, that it will function without defects, and that it is suitable for the use that the buyer intends to make of it. This warranty applies for a period of two calendar years after the buyer has received the sold item.
  2. The intended warranty aims to establish such a risk distribution between the seller and the buyer that the consequences of a breach of a warranty always come entirely at the expense and risk of the seller, and the seller can never rely on Article 6:75 of the Dutch Civil Code regarding a breach of a warranty. The provisions of the previous sentence also apply if the breach was known or could have been known to the buyer by conducting research.
  3. The mentioned warranty does not apply if the defect has arisen due to improper or improper use or if - without permission - the buyer or third parties have made changes or attempted to make changes, or have used the purchased item for purposes for which it is not intended.
  4. If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that manufacturer.

Article 17: Applicable Law and Competent Court

  1. Dutch law applies exclusively to every agreement between the parties.
  2. The Dutch court in the district where Bloemoloog is established has exclusive jurisdiction to hear any disputes between the parties, unless the law mandatorily prescribes otherwise.
  3. The applicability of the Vienna Sales Convention is excluded.
  4. If one or more provisions of these general terms and conditions are deemed unreasonably onerous in legal proceedings, the remaining provisions will remain in full force.