Terms & Conditions
Terms and conditions based on WebwinkelKeur model terms.
Article 1 - Definitions
In these terms, the following is understood:
- Cooling-off period: the period within which the consumer can exercise the right of withdrawal; Read all about the cooling-off period.
- Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Model form: the model withdrawal form that the entrepreneur makes available and that a consumer can fill in when wishing to exercise the right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
- Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusively using one or more techniques for distance communication;
- Technique for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur having to be together in the same place at the same time.
- Terms and Conditions: these Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Bling-it
Steensedijk 22
4561 GM Hulst, Netherlands
T: (064) 975-9270
KVK 92658865
BTW nummer NL004969336B33
Article 3 - Applicability
- These terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
- In the event that in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting terms and conditions.
- If one or more provisions in these terms and conditions are at any time wholly or partially null and void or annulled, the contract and these terms and conditions will remain in force for the rest and the relevant provision will be replaced without delay in mutual consultation by a provision that approximates the purport of the original as much as possible.
- Situations not regulated in these terms and conditions should be assessed "in the spirit" of these terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted "in the spirit" of these terms and conditions.
Article 4 - The offer
- If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adapt 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 obvious errors in the offer do not bind the entrepreneur.
- All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
- Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular: the price including taxes; any shipping costs; the manner in which the contract will be concluded and what actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery and execution of the contract; the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price; the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication means used; whether the contract is archived after conclusion, and if so, how it can be consulted by the consumer; the manner in which the consumer can check and, if desired, correct the data provided by him in the context of the contract before concluding the contract; any other languages in which, in addition to Dutch, the contract can be concluded; the codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a duration transaction.
Article 5 - The agreement
- The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the entrepreneur has not confirmed the contract from this acceptance, the consumer can dissolve the contract.
- If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur may - within legal frameworks - ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds on the basis of this investigation not to enter into the contract, he is entitled to refuse an order or request on motivated grounds or to attach special conditions to the execution.
- The entrepreneur will send the following information to the consumer 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: the visiting address of the entrepreneur's establishment where the consumer can go with complaints; the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; information about guarantees and existing after-sales service; the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract; the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
- In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
- Every contract is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
Upon delivery of products:
- When purchasing products, the consumer has the possibility to dissolve the contract without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known 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 exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- When the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by means of another means of communication such as by email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
- If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.
Upon delivery of services:
- Upon delivery of services, the consumer has the possibility to dissolve the contract without giving reasons for at least 14 days, starting on the day of conclusion of the contract.
- To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
- The consumer bears the direct costs of returning the product.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. However, the condition is that the product has already been received back by the webshop or conclusive proof of complete return can be provided. Refund will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
- In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
- The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of right of withdrawal
- The entrepreneur may 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 has clearly stated this in the offer, at least in good time before the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products: that have been manufactured by the entrepreneur in accordance with the consumer's specifications; that are clearly of a personal nature; that by their nature cannot be returned; that can quickly deteriorate or become obsolete; the price of which is linked to fluctuations on the financial market over which the entrepreneur has no influence; for individual newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal; for hygiene products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, catering or leisure to be performed on a specific date or during a specific period; the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired; concerning bets and lotteries.
Article 9 - The price
- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations on the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
- Price increases within 3 months of the conclusion of the contract are only permitted if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and: they result from legal regulations or provisions; or the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to typographical and typesetting errors. No liability is accepted for the consequences of typographical and typesetting errors. In case of typographical and typesetting errors, the entrepreneur is not obliged to deliver the product at the erroneous price.
Article 10 - Conformity and guarantee
- The entrepreneur guarantees that the products and/or services comply with the contract, 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 conclusion of the contract. 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 contract.
- Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of discovery of the defect.
- The entrepreneur's guarantee period corresponds to the manufacturer's 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 guarantee does not apply if: the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal circumstances or are otherwise treated carelessly or are in conflict with the instructions of the entrepreneur and/or on the packaging; the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
- The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously 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 or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without cost. The consumer has no right to compensation.
- All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not give the consumer the right to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be clearly and understandably stated that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account 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 expressly agreed otherwise.
Article 12 - Duration transactions: duration, termination and extension
Termination
- The consumer can terminate a contract concluded for an indefinite period that serves to regularly deliver products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of at most one month.
- The consumer can terminate a contract concluded for a definite period that serves to regularly deliver products (including electricity) or services at any time towards the end of the definite period, subject to the agreed termination rules and a notice period of at most one month.
- The consumer can terminate the contracts mentioned in the previous paragraphs: at any time and not be limited to termination at a specific time or in a specific period; at least terminate in the same way as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
- A contract concluded for a definite period that serves to regularly deliver products (including electricity) or services may not be tacitly extended or renewed for a definite period.
- In deviation from the previous paragraph, a contract concluded for a definite period that serves to regularly deliver daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of at most one month.
- A contract concluded for a definite period that serves to regularly deliver products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month and a notice period of at most three months in the case of a contract that serves to regularly, but less than once per month, deliver daily, news and weekly newspapers and magazines.
- A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for acquaintance (trial or acquaintance subscription) is not tacitly continued and ends automatically after the trial or acquaintance period.
Duration
- If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination 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 of the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
- The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
- In case of default of payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the contract must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has noticed the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved in mutual consultation, a dispute arises that is susceptible to the dispute resolution.
- For complaints, a consumer must first turn to the entrepreneur. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr). The webshop is currently not affiliated with a quality mark with a disputes committee.
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will at its choice replace or repair the delivered products free of charge.
Article 15 - Disputes
- Only Dutch law applies to contracts between the entrepreneur and the consumer to which these terms and conditions relate. Also if the consumer is resident abroad.
- The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
VAT exemption (Small Business Scheme)
Bling-It falls under the Small Business Scheme (KOR) under Article 25 of the 1968 Turnover Tax Act. This means that we are exempt from VAT and do not charge VAT on our products.
All prices stated on our website are final prices. No VAT amount or VAT percentage is displayed, as this does not apply. As a buyer, you also cannot reclaim VAT.
As long as the KOR applies to us, your invoice will show: "Exempt from turnover tax under Article 25 of the 1968 Turnover Tax Act (Small Business Scheme)."