General terms and conditions
General terms and conditions of BUFFL BV
Article 1 - Definitions
In these terms and conditions, the following definitions are used:
- Cooling off period: The term during which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not dealing on behalf of a company or profession and who enters into a distance agreement with the entrepreneur;
- Day: calendar day;
- Extended Duration Transaction: a distance agreement concerning a range of products and/or services, the supply and/or purchase of which is spread over time;
- Durable data carrier: any instrument which enables the consumer or the entrepreneur to store information addressed personally to them in a manner that makes future consultation and unchanged reproduction of the saved information possible;
- Right of withdrawal: the ability of the consumer to terminate the distance agreement within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
- Distance agreement: an agreement made in the context of a system organized by the entrepreneur for distance sale of products and/or services, whereby exclusively one or more means of distance communication are used through the conclusion of the agreement;
- Technology for remote communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
General Terms And Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: BUFFL BV
Location address: Heijtmorgen 19, 5375 AL Reek
KvK number: 76654052
Article 3 - Applicability
- These general terms and conditions apply to any offer by the entrepreneur and to every finalized distance agreement and order between the entrepreneur and the consumer.
- Before a distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, then before the distance agreement is concluded, it will be indicated that the general terms and conditions can be reviewed at the entrepreneur's location and will be sent at the request of the consumer to the consumer as soon as possible without charge.
- If the distance agreement is concluded electronically, then, in derogation of the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may also be provided to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, how the general terms and conditions can be inspected electronically and that they will be sent free of charge at the consumer's request, electronically or in another manner.
- In the event that aside from these general terms and conditions, specific product and service conditions also apply, the second and third paragraphs apply correspondingly, and in case of conflict with the general terms and conditions, the consumer can always rely on the relevant provision that is most favourable for the consumer.
- If one or more provisions of these terms is at any time wholly or partially invalid or invalidated, the agreement and these terms and conditions remain otherwise in effect, and the relevant provision will be immediately replaced in consultation by a provision that is as close to the scope of the original insofar as possible.
- Situations that are not covered by these general terms and conditions must be assessed 'in the spirit' of the same.
- Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted 'in the spirit' of the same.
Article 4 - The offer
- If an offer is of limited validity or is subject to terms and conditions, these shall be explicitly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to make it possible for the consumer to make a good assessment of the offer. If the entrepreneur makes use of illustrations, these will be a faithful representation of the products and/or services being offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images and specification details in the offer are indicative and may not lead to damages or dissolution of the agreement.
- Illustrations of products are a faithful representation of the products offered.
- The entrepreneur cannot guarantee that the displayed colours correspond exactly to the real colours of the products.
- All offers contain 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 costs of delivery;
- how the agreement will be concluded and what actions are required;
- whether or not the right of withdrawal applies;
- method of payment, delivery and execution of the agreement;
- the period during which the offer may be accepted, or the period within which the entrepreneur guarantees the price
- the rate for remote communication if the cost of using the technique for remote communication is calculated based on something other than the regular base rate for the method of communication used;
- whether the agreement will be archived after its conclusion and if so, how the consumer may consult it
- the method by which the consumer, before concluding the agreement,
- can check and correct the desired information provided in the context of the agreement;
- any languages other than Dutch in which the agreement may be concluded;
- codes of conduct which the entrepreneur has accepted and the way in which the consumer
- can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the event of a extended duration transaction.
Article 5 - The agreement
- Subject to the provisions in paragraph 4, the agreement becomes valid when the consumer has accepted the offer and fulfilled the terms and conditions set.
- If the consumer has accepted the offer via electronic means, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer, ensuring a safe web environment. If the consumer can pay electronically, the entrepreneur shall adopt appropriate security measures to this end.
- The entrepreneur may, within the limits of the law, gather information about the consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to conclude the agreement, then the entrepreneur is entitled to refuse an order or request, stating the reasons for doing so, or to attach special conditions to the implementation of the agreement.
- The entrepreneur shall send the consumer the following information along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's establishment where the customer can lodge complaints;
the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
- information about guarantees and service after purchase;
- the data included in Article 4 (3) of these terms and conditions, unless the entrepreneur
- has already provided the consumer with these data prior to the implementation of the agreement;
- the requirements for termination of the agreement if the agreement has a term of more than one year or is indefinite.
- the visiting address of the entrepreneur's establishment where the customer can lodge complaints;
- In case of an extended duration agreement, the stipulation in the previous paragraph only applies to the first delivery.
- Each agreement is entered into on the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
- For the purchase of products, the consumer has the option to dissolve the agreement without a statement of reasons during a period of 14 days. This cooling-off period commences on the day after the consumer, or a representative designated in advance and announced to the entrepreneur by the consumer, receives the product.
- During the cooling-off period, the consumer shall handle the product and the packaging with care. The product should only be unpacked or used to the extent necessary to assess whether or not the consumer wishes to keep the product. If the consumer makes use of the right of withdrawal, the consumer shall return the product to the entrepreneur with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions given by the entrepreneur.
- If the consumer wants to exercise the right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of all the products. The notification must be made by the consumer using the model form. After the consumer has made it known that he wishes to exercise the right of withdrawal, the consumer shall return the product within 14 days.
- The consumer must prove that the delivered items have been returned in a timely manner, for example by proof of mail delivery.
- If the consumer has not made known that he wishes to exercise his right of withdrawal or has not sent the product to the entrepreneur after the terms stated in paragraphs 2 and 3, respectively, then the purchase is final.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of the right of withdrawal, at most he will bear the costs of the return shipment.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after the withdrawal. The condition for this is that the product has already been received back by the webshop or conclusive evidence of the complete return can be presented.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the right of withdrawal of the customer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal pertains only if the entrepreneur has stated this clearly in the offer or, in any case, in a prompt fashion before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- which are manufactured in accordance with the instructions of the customer (customization);
- are created by the entrepreneur according to the consumer's specifications;
- are clearly of a personal nature;
- that due to their nature cannot be sent back.
Article 9 - The price
- During the period of validity stated in the offer, the prices for the products and/or services shall not be raised, except for price changes due to changes in VAT rates.
- In derogation of the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control, at variable prices. This connection to fluctuations and the fact that any prices given are recommended prices shall be stated in the offer.
- Price increases within 3 months after concluding the agreement are permitted only if they are the result of new legislation.
- Price increases from 3 months after concluding the contract are permitted only if the entrepreneur has stipulated it and:
these are the result of legal regulations or provisions;
- All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of printing and typographical errors. The entrepreneur is not obligated to deliver the product at the erroneous price in the case of printing and typographical errors.
Article 10 - Conformity and Warranty
- The entrepreneur warrants that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the entrepreneur also warrants that the product is suitable for use other than normal use.
- A warranty provided by the entrepreneur, manufacturer or importer does not prejudice the legal rights and claims on that the consumer can assert under the agreement with the entrepreneur.
- The warranty term from the entrepreneur corresponds with the factory warranty period. The entrepreneur is, however, never liable for the ultimate suitability of the products for any individual application by the consumer, nor for any recommendations with respect to the use or application of the products.
- The entrepreneur is in no way liable for damage and costs of whatever nature caused by the use of delivered products.
- The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products themselves and/or had them repaired and/or modified by third parties;
- The delivered products are exposed to abnormal conditions or otherwise handed carelessly or in conflict with the directions of the entrepreneur and/or on
- the packaging;
- the defect is wholly or partially the result of regulations that the government has set or will set with respect to the nature and quality of the materials used.
Article 11 - Delivery and implementation
- The entrepreneur shall exercise the best possible care when receiving orders and executing product orders and when assessing requests for the provision of services.
- The address that the consumer has provided to the company applies as the place of delivery.
- With consideration of that stated in this regard in paragraph 4 of this article, the company will fill accepted orders with appropriate speed, but no later than within 30 days, unless the consumer agrees to a longer delivery term. If the delivery is delayed, or if an order cannot be filled or can only be partially filled, the consumer shall be informed about this no later than 30 days after having placed the order. The consumer in that case has the right to dissolve the agreement without charge. The consumer has no right to damage compensation.
- All delivery terms are indicative. The consumer can derive no rights from any stated terms. Exceeding a term gives the consumer no right to damage compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than within 14 days after dissolution.
- If delivery of an ordered product appears to be impossible, the entrepreneur will endeavour to make a substitute item available. It will be stated in a clear and understandable way, no later than at the time of delivery, that a replacement product will be delivered. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipping will be borne by the entrepreneur.
- The risk of loss and/or damage to products will be borne by the entrepreneur until the time of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 13 - Payment
- The full payment must be made in advance by the consumer.
- The consumer has the duty to inform the entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
- In case of late payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
- The entrepreneur shall have a sufficiently published complaints procedure in place and shall handle complaints in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur with a full and complete description within 7 days after the consumer has noted the defects.
- The complaints submitted to the entrepreneur shall receive a reply within a period of 14 days after the date of receipt. If a complaint requires a foreseeably longer time to handle, the entrepreneur shall respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect to receive a more detailed response.
- If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute procedure.
- If a complaint is found to be well founded by the entrepreneur, the entrepreneur will have the option of replacing or repairing the delivered products at the entrepreneur's own expense.
Article 15 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the customer resides abroad.
- The Vienna Convention does not apply.