Terms and Conditions

Terms and Conditions

Article 1 - Definitions

In these terms and conditions the following definitions apply:

Cooling-off period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;

Sustainable data carrier: any means that enables the consumer or trader to collect information that is addressed to him personally. to save in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who products and / or offers services to consumers at a distance;

Distance agreement: an agreement whereby, in the context of a system for sale by distance of products and / or services, until the conclusion of the agreement use is made exclusively of one or more techniques for distance communication;

Technology for communication at a distance: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.

Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur 

Bloomingbears

Katenblankweg 8A 

2202CN Noordwijk 

Email address: info@bloomingbears.com 

Chamber of Commerce number: 75826836 

VAT identification number: NL002224497B12 

Article 3 - Applicability 

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer. 

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 by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.

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 can be made available to the consumer electronically in such a way way that it can be easily stored by the consumer 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 consumer.

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 conflict general terms and conditions always invoke the applicable provision that is most favorable to him. 

If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or destroyed , the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced by a provision in mutual consultation that the spirit of the original is as close as possible. 

Situations that are not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. 

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these terms and conditions.

Article 4 - The offer

If an offer has a limited duration or is subject to conditions, this will 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 products and / or services offered. The description is sufficiently detailed to enable 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.

All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images for products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each 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;

the possible costs of shipment;

the manner in which the agreement will be concluded and which actions are required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery and implementation 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 technique for distance communication are calculated on another level then base the regular basic rate for the means of communication used;

whether the agreement is archived after its conclusion, and if so how the consumer can consult it;

the way the consument, before concluding the agreement, can check the information provided by him in the context of the agreement and, if desired, restore it;

any other languages ​​in which, in addition to Dutch, the contract can be concluded; 

the codes of conduct to which the entrepreneur adheres subject and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the remote agreement in the event of an expensive transaction.

Optional: available colors.

Article 5 - The contract 

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and meeting the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. . As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures. to secure the electronic transfer of data and he ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can - within the law - inform himself or the consumer about his payment obligations can satisfy, as well as all those facts and factors that are important for a responsible 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.

The entrepreneur will send the following information 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:

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about guarantees and existing service after purchase; 

d. the information included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the agreement;

e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of an extended transaction, the provision in the previous paragraph is only applicable to the first delivery. 

Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned. 

Article 6 - Right of withdrawal 

When purchasing products, consumers have the option of terminate the agreement without giving any reason within 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur. 

During the cooling-off 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 makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. 

If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known by means of a written message / e-mail. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of proof of shipment. 

If after expiry of the periods mentioned in paragraphs 2 and 3 the customer has not indicated that he wants to make use of his right of withdrawal or resp. the product has not been returned to the entrepreneur, the purchase is a fact. 

Article 7 - Costs in case of withdrawal 

If the consumer uses his right of withdrawal, the costs for returning the products are for the account of the consumer. 

If the consumer has paid an amount, the entrepreneur will charge this amount as soon as possible, but refund within 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted. 

Article 8 - Exclusion of the right of withdrawal 

The entrepreneur can 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 clearly states this in the offer, at least in time for the conclusion of the agreement. 

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

a. that have been established by the entrepreneur in accordance with the consumer's specifications; 

b. that are clearly personal in nature; 

c. which by their nature cannot be returned; 

d. that can spoil or age quickly;

e. whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;

f. for individual newspapers and magazines; 

g. for audio and video recordings and computer software of which the consumer has broken the seal. 

h. for hygienic products of which the consumer has broken the seal. 

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

a . concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period; 

b. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired; 

c. concerning bets and lotteries. 

Article 9 - The price 

During the offer mentioned validity period, the prices of the offered products and / or services are not increased, except for price changes as a result of changes in VAT rates. 

Contrary to the previous paragraph, the entrepreneur can offering products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer. 

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legislation or regulations. 

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: 

a. these are the result of statutory regulations or provisions; or 

b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect. 

The prices stated in the offer of products or services include VAT. 

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price. 

Article 10 - Compliance and Warranty

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 legal provisions and / or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. 

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement. 

Any defects or incorrectly delivered products must be submitted in writing to the entrepreneur within 14 days after delivery. reported. Return of the products must be in the original packaging and in new condition. 

The guarantee period of the entrepreneur corresponds to the factory guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. 

The warranty does not apply if; 

The consumer has repaired and / or modified the delivered products himself or had them repaired and / or modified by third parties; 

The delivered products have been exposed to abnormal circumstances or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging; 

The defectiveness is wholly or partly the result of regulations that the government has or will set with regard to the nature or quality of the materials used. 

Article 11 - Delivery and Effectuate 

The entrepreneur will take the greatest care when receiving and when processing product orders. 

The place of delivery is the address that the consumer has made known to the company. 

Taking into account what is stated about this in article 4 of these general terms and conditions, the company will process accepted orders with due speed but at the last within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be processed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation. 

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will charge the amount that the consumer has paid back as soon as possible, but no later than within 14 days after dissolution. 

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. At the latest on delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are at the expense of the entrepreneur. 

The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise. 

Article 12 - Duration transactions: duration, cancellation and extension 

Termination

The consumer can at all times cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a notice period of at most one month. >

The consumer can at all times cancel an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at the end of the specified duration with due observance of agreed cancellation rules and a cancellation period of one month at most. 

The consumer can take the agreements mentioned in the previous paragraphs: 

cancel at any time and not be limited to cancellation at a specific time or in a stip the same period; 

cancel at least in the same way as they entered into; 

always cancel with the same cancellation period as the entrepreneur has negotiated for himself. 

Extension 

An agreement for a definite period of time and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific duration. 

Contrary to the previous paragraph, an agreement that has been entered into for a definite period of time and that extends to the regular delivery of daily news and weekly newspapers and magazines is tacitly renewed for a limited period of up to three months if the consumer can cancel this extended agreement at the end of the extension with a notice period of at most one month. 

An agreement that has been entered into for a limited period of time and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. 

An agreement with a limited duration to regularly deliver introductions of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period . 

Duration

If an agreement has a duration of more than one year, the consumer after a year the agreement at all times with a notice period of at most one month cancel, unless reasonableness and fairness oppose cancellation before the end of the agreed duration. 

Article 13 - Payment 

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as 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. 

The consumer has the duty to make inaccuracies to report immediately to the entrepreneur in provided or specified payment data. 

In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to make the consumer known in advance. to charge reasonable costs. 

Article 14 - Complaints procedure 

Complaints about implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days, after the consumer has identified the defects replied. 

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 consumer can expect a more detailed answer. 

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement. 

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur otherwise specified in writing. 

If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the products supplied free of charge. 

Article 15 - Disputes 

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively Dutch law applies. Even if the consumer is living abroad.