Terms and conditions

General Terms and Conditions

Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Scope of application
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal and returns
Article 7 - Costs in case of the right of withdrawal
Article 8 - Exclusion of the right of the withdrawal
Article 9 - The price
Article 10 - Compliance and guarantee
Article 11 - Delivery and execution
Article 12 - Continuing performance contract: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different terms

Article 1 - Definitions
The terms used in these general terms and conditions are defined as follows:

Cooling - off period: the period which the consumer can make use of his right of withdrawal.
Consumer: the natural person not acting during a profession or business and enters into a dis-tance contract with the entrepreneur.
Day: calendar day.
Duration transaction: a distance contract concerning with a series of products and / or services, whose supply and / or purchase is spread in time.
Durable medium: any storage device that allows the consumer or the entrepreneur to store information provided to him personally to be stored in a way that future consultation and unal-tered reproduction of the information is made possible.
Right of withdrawal: the possibility for the consumer to –within the cooling-off period- opt out of the dis-tance contract.
Model form: the model form that the entrepreneur makes available to the consumer and that the consumer can fill in when he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance.
Distance contract: a contract which is concluded within the framework of an organized system for the entrepreneur, with the use of one or more means of distance communication.
Technology for distance communication means that can be used to conclude a contract, without the consumer and the entre-preneur are met simultaneously in the same location.
Terms and Conditions: these general Terms and Conditions of the entrepreneur.

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Article 2 - Identity of the entrepreneur

Blumat Nederland
Rangeerweg 6
6114 BC Susteren
Netherlands
Visiting Address:
Uterweg 123
6414 SN Heerlen
Netherlands
Telephone: 0031-45-5284444;
Customer Service: Monday till Friday from 09.00 to 18.00 hour;
E-mail: contact@blumat.nl
Chamber of Commerce: 73618675;
VAT id.: NL859603933B01;

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Article 3 - Scope of application

These Terms and Conditions apply to every offer of the entrepreneur and any distance agreement or order between the entrepreneur and the customer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indi-cated, before the distance contract is concluded, that the general terms and conditions are available for inspection at the business premises of the entrepreneur and will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, notwithstanding the previous para-graph and before the distance contract is concluded, the text of these Terms and Condi-tions can be made available to the customer by electronic means in such a way that the customer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the Terms and Condi-tions by electronics means can be found and that the, at the customer’s request, by elec-tronic means or otherwise will be sent free of charge.
In addition to these Terms and Conditions specific product or service conditions may apply, the second and third paragraphs shall apply, making necessary alterations while not affecting the main point at issue and the customer can, in the event of conflicting terms and conditions, always relay on the applicable provision that is most favourable to him.
When one or more provisions of these conditions are void or destroyed in whole or in part, the agreement and the remainder of these Terms and Conditions and the relevant provision will be replaced by a provision that covers the original as much as possible.
Situations that are not governed in these Terms and Conditions, should be assessed ‘in spirit’ of these terms and conditions.
Lack and clarity about the interpretation or content of one or more provisions of our Terms and Conditions, must be explained ‘in the spirit’ of these Terms and Conditions.

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Article 4 - The offer

If an offer is subject to a limited duration or subject to conditions, this will be explicitly mentioned.
The offer in the web shop is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products/services offered. The description is sufficiently detailed to a proper assessment of the offer by the custom-er as possible. If the entrepreneur uses illustrations, these are a true reflection of the products/services offered.
All pictures, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Every offer will contain such information that it is clear to the customer what rights and obligations are involved in accepting the offer. This concerns in particular:

the price including taxes;
the height of any shipping costs;
the way in which the contract shall be concluded and which actions this will require;
whether or not the right of withdrawal applies;
the arrangements for payment, delivery and performance of the contract or order;
the deadline for accepting the offer, or the period within which the entrepre-neur guarantees the offered price;
the rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic fee for the means of communication used;
whether the agreement is filed subsequent to its conclusion, and if so how the customer can consult it;
the way in which the customer can rectify the information provided under the agreement before the conclusion agreement;
other languages, beside English, an agreement can be entered;
Code of Conduct which entrepreneur has to conform and instructions where the customer can find the digital Code of Conduct;
the minimum duration of the distance agreement of a duration transaction.
The available sizes, colours or types of material.

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Article 5 - The agreement

The agreement is subject to the provisions of paragraph 4 of this article, concluded at the time the customer accepts the offer and comply with the corresponding conditions.
If the customer has accepted the offer electronically, confirms entrepreneur by electronic means receipt of the order without delay. As long as the order is not confirmed by the en-trepreneur, the customer may rescind or cancel the agreement free of charge.
If the contract is concluded electronically, the entrepreneur shall take appropriate tech-nical and organizational measures to secure the electronic transfer of data and will en-sure a secure Web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can-within statutory frameworks- inquire about the customer's ability to fulfil his payment obligations, as well as facts and factors that are important for a re-sponsible conclusion of the distance contract. If the entrepreneur on the basis of this re-search has good reasons does not enter into the agreement, he is entitled to refuse an or-der or request special conditions.
The entrepreneur will add to the product or service the following information, in writing or in such a way that the customer can store it on an accessible durable medium:
a. the address of the place of business of the entrepreneur;
b. the conditions under which and the manner in which the customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after-sales service and warranty;
d. the conditions in article 4 paragraph 3 of these recorded data, unless the en-trepreneur has already provided the customer with this data before the im-plementation of the contract;
e. the requirements for terminating the agreement if the agreement has a dura-tion of more than one year or for an undetermined time.
In the event of a duration transaction the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

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Article 6 - Right of withdrawal and returns

Delivery of products:

In the event of a purchase, a customer has the possibility to dissolve the agreement for 14 days without giving any reason. This period commences on the day following receipt of all products by the customer or a by the customer announced representa-tive.
During the reflection period, the customer shall handle the product and the packag-ing 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 have the product and if reasonably possible- in the original condition and packaging returned to the entrepreneur, in accordance with the reasonable and clear instruc-tions provided by the entrepreneur.
If the customer wants to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of all the products. The customer can do this by means of the Model form. After the customer expressed wanting to make use of his right of withdrawal, the customer shall return the product within 14 days to the entrepreneur. The customer must prove that the products are returned in a timely manner, for example by means of a proof of mail delivery.
If the customer at the end of the statutory period in paragraph 2 and 3 of this article has not expressed to want to make use of his right of withdrawal or the product has not been returned to the entrepreneur, the sale is a fact.
Immediately after delivery, the customer is obliged to thoroughly inspect the deliv-ered goods for defects and, if they are present, to notify Blumat.nl of this in writing by return of post. If the customer does not point out defects to Blumat.nl within 24 hours after the day of delivery, which could be noticed during a thorough investigation, the customer is deemed to agree with the condition in which the goods were delivered and any right to complain will lapse. Blumat.nl must be given the opportunity to check submitted complaints. Upon agreement about the defect, Blumat.nl will re-place the product with a new one.

Concerning the delivery of services:

When delivering services, the customer can terminate the contract without giving any reason within 14 days after concluding the agreement.
To exercise his right of withdrawal, the customer will inform the entrepreneur in ac-cordance with the reasonable and clear instructions provided by the entrepreneur.

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Article 7 - Costs in case of withdrawal

If the customer exercises his right of withdrawal, the costs of return are entirely for the account of the customer.
If the customer has paid an amount, the entrepreneur shall ensure that within 14 days af-ter the customer expressed wanting to make use of his right, the full amount is refunded to the customer. The customer must prove that the delivered goods are returned, for ex-ample by means of a proof of mail delivery or track & trace.
If the product is damaged due to careless handling by the customer, the customer is liable for any reduction in value of the product.
The customer cannot be held liable for a reduction in value of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal; this must be done prior to concluding the purchase agreement.

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Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the right of withdrawal of the customer as far as provided for in paragraph 2 and 3 of this article. The exclusion of het right of withdrawal is val-id only if the entrepreneur states this clearly in the offer, at least in time for the con-clusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

that the entrepreneur has established in accordance with the customer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that rapidly decay or become absolute;
the price of which is subject to fluctuations on the financial market on which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose the customer has broken the seal;
hygiene products that are sealed and who’s the customer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

on accommodation, transport, restaurant or leisure that has to be carried out on a certain date or during a given period;
for which the delivery, with the express consent of the customer, started before the cooling off period has expired;
related to betting and lotteries.

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Article 9 - The price

During the period mentioned in the offer, the prices of the offered products and/or ser-vices will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph the entrepreneur can offer products whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control, with variable prices. These fluctuations and the fact that any prices are variable will be men-tioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations or unforeseen situations of a supplier.
Prices increases from 3 months after the contract was concludes are only allowed if agreed upon beforehand with the entrepreneur and:

they are the result of statutory regulations or provisions;
the customer has the power to terminate the contract on the day on which the prices increase takes effect.
All prices mentioned are inclusive of VAT.

All prices are subject to misprints. The entrepreneur is not liable for misprints. By misprints the Entrepreneur is not obligated to deliver the product according to the in-correct price.

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Article 10 - Compliance and warranty

The entrepreneur guarantees that het products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usabil-ity and on the date of the conclusion of the agreement existing legal provision and/or Government regulations. If agreed the entrepreneurs also states that the product is suita-ble for other than normal use.
A warranty by the entrepreneur, manufacturer or importer does not alter the legal rights and claims that the customer can assert under the agreement with the entrepreneur.
Any defects or wrong products delivered must be reported in writing to the entrepreneurs with 24 hours after delivery. Return of the products must be made in the original packag-ing and new state.
The warranty period of the entrepreneur corresponds to the factory guarantee period. The entrepreneur is not responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or applica-tion of the products.
The guarantee does not apply if:

The delivered goods have been repaired and/or modified by third parties and/or the customer;
The delivered goods are exposed to unusual circumstances or otherwise treat-ed carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The inferiorly in whole or in part is the result of rules that the government has asked or will ask about the nature or quality of the materials used.

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Article 11 - Delivery and execution order

The entrepreneur will take the greatest possible care in the receiving and the execution and/or delivery of the orders and the services.
The place of delivery is deemed to be the address provided by the consumer to the com-pany. The consumer is responsible for providing the correct address; any costs resulting from an address error are borne by the consumer.
Subject to what is stipulated in paragraph 4 of this article, the company shall execute ac-cepted orders promptly but no later than 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 only partially, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any men-tioned deadlines. Exceeding a term gives customers no right to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount which the customer has already paid as soon as possible but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will attempt to pro-vide a replacement product. At the latest when the delivery is made, it will be reported that a replacement article is delivered. At replacement articles the right of withdrawal cannot be ruled out.
The delivery obligation by the entrepreneur is met, once the order is offered to the customer.

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Article 12 - Duration transactions: duration, cancellation and renewal

Cancellation

If the customer has entered a contract for an indefinite period, which extends to the reg-ular delivery of products (including electricity), at any time he can terminate it under the applicable termination rules and at a maximum of one month's notice.
The customer that had contracted for a definite period, which extends to the regular de-livery of products (including electricity) or services, can at any time by the end of the fixed period terminate the agreement under the applicable termination rules and at a notice of one month.
The customer can, for the agreements mentioned in the previous paragraphs:

terminate and not be limited to cancellation at some time or in a given period;
cancel at least in the same way as they entered into by him;
cancel to the same notice period as the entrepreneur has stipulated for itself.

Renewal

The customer that had contracted for a definite period, which extends to the regular de-livery of products (including electricity) or services, may not be automatically extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement concluded for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines can be tacitly renewed for a definite period of maximum of three months, if the customer has the possibility to cancel the extended agreement at the end of the extension with a notice of one month.
An agreement for a definite period, which extends to the regular delivery of products (in-cluding electricity) or services, may only be extended for an indefinite period if the cus-tomer can cancel at any time with a notice of maximum one month and a notice of max-imum three months, with a agreement extends to the regular, but less than once a month, delivering dailies, weeklies and magazines.
An agreement for a definite period, which extends to delivery of a trial or introductory of newspapers, weeklies, and magazines (trial or introductory subscription) will be ending automatically and will not be continued automatically after the trial or introductory.

Duration

Agreements with duration of more than one year can be cancelled after one year at any time and with a notice of maximum one month, unless the reasonableness and fairness are an objection against the termination before the agreed duration.

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Article 13 - Payment

As far as not agreed otherwise, the amounts owed by the customer must be paid within 7 business days after the cooling off period ex article 6 paragraph 1. In case of an agree-ment to provide a service, the amounts must be paid within 7 business days after the cus-tomer has received the confirmation of the agreement.
The customer has the duty to report inaccuracies in payment data provided or stated without delay to the entrepreneur.
In case of non-payment subject to statutory limitations, the entrepreneur has the right to advance to the customer reasonable costs to charge.

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Article 14 - Complaints procedure

The entrepreneur has a complaints procedure and handles complaints by filling out the complaint’s procedure.
Complaints about the performance of the contract or an order should be fully and clearly described and submitted to the entrepreneur within 7 days after the customer has found the flaws.
Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer pro-cessing time, the entrepreneur will answer within the period of 14 days with a notifica-tion of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute will arise that is sub-ject to the dispute settlement procedure.
In the event of complaints, a consumer must first turn to the entrepreneur. It is also pos-sible to register complaints via the European ODR platform (http://ec.europa.eu/odr). A complaint does not suspend the entrepreneur of his obligations unless the entrepreneur indicates in writing otherwise.
If the customer complaint is well-founded, the entrepreneur has the possibility to replace or repair the delivered products for free.

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Article 15 - Disputes

Dutch law shall apply exclusively to any dispute, agreements, and orders, even if the customer lives abroad.
The Vienna Sales Convention shall not apply.

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Article 16 - Additional or different terms

Additional derogations from these general terms and conditions must not be to the detriment of the customer and should be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by customer.(Top)

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