Terms and Conditions
Introduction
Below you will find our General Terms and Conditions. These always apply if you use or
place an order via our Website. The General Terms and Conditions contain important
information for you as a buyer. Please read this carefully. We also recommend that you
save or print these terms and conditions so that you can read them again at a later time.
Article 1. Definitions
1.1. boola boola:established in Colmschate and registered with the Chamber of
Commerce under registration number 84695498 trading under the name Boola
Boola.
1.2. Website:the Boola Boola website, available at
www.boolaboola.com and all associated subdomains.
1.3. Customer:the customer who, whether or not acting in the exercise of a profession
or business, enters into an Agreement with Boola Boola and/or has registered on
the Website.
1.4. Agreement:any agreement or agreement between Boola Boola and the
Customer, of which agreement the General Terms and Conditions form an
integral part.
1.5. Terms and Conditions:the present General Terms and Conditions.
Article 2. Applicability General Conditions
2.1. The General Terms and Conditions apply to all offers, Agreements and
deliveries of Boola Boola, unless expressly agreed otherwise in
writing.
2.2. If the Client includes provisions or conditions in its order, confirmation or
notification of acceptance that deviate from or do not appear in the General
Terms and Conditions, these shall only be binding on Boola Boola if and
insofar as they have been expressly accepted by Boola Boola in writing.
Translated from Dutch to English – www.onlinedoctranslator.com
2.3. In the event that specific product or service conditions also apply in
addition to these General Terms and Conditions, those conditions also
apply, but in the event of conflicting conditions, the Customer can always
invoke the applicable provision that is most favorable to him.
Article 3. Prices and information
3.1. All prices stated on the Website and in other materials originating
from Boola Boola include VAT and, unless stated otherwise on the
Website, other government levies.
3.2. If shipping costs are charged, this will be clearly stated in good time
before the Agreement is concluded. In addition, these costs will be
shown separately in the ordering process.
3.3. The content of the Website has been compiled with the greatest care. However,
Boola Boola cannot guarantee that all information on the Website is correct and
complete at all times. All prices and other information on the Website and in
other materials originating from Boola Boola are therefore subject to obvious
programming and typing errors.
3.4. Boola Boola cannot be held responsible for (colour)
deviations as a result of screen quality.
Article 4. Conclusion of Agreement
4.1. The Agreement is concluded at the moment of acceptance by the
Customer of Boola Boola’s offer and compliance with the conditions
set by Boola Boola.
4.2. If the Customer has accepted the offer electronically, Boola Boola will
immediately confirm receipt of the acceptance of the offer electronically.
As long as the receipt of this acceptance has not been confirmed, the
Customer has the option to dissolve the Agreement.
4.3. If it appears that when accepting or otherwise entering into the Agreement,
the Customer has provided incorrect information, Boola Boola has the right
to fulfill its obligation only after the correct information has been received.
4.4. Boola Boola can inform itself within legal frameworks whether the
Customer can meet its payment obligations, but also of all facts and
factors that are important for a responsible conclusion of the
Agreement. If Boola Boola has good reasons not to enter into the
Agreement on the basis of this investigation, it is entitled to refuse an
order or request with reasons, or to attach special conditions to the
execution, such as advance payment.
Article 5. Execution Agreement
5.1. As soon as the order has been received by Boola Boola, Boola Boola will send the
products as soon as possible with due observance of the provisions of paragraph 3
of this Article.
5.2. Boola Boola is entitled to engage third parties for the performance
of the obligations arising from the Agreement.
5.3. On the Website it is clearly described, in good time before the
conclusion of the Agreement, how delivery will take place and within
what period the products will be delivered. If no delivery period has
been agreed or stated, products will in any case be delivered within 30
days.
5.4. If Boola Boola cannot deliver the products within the agreed term, it
will inform the Customer. In that case, the Customer can agree to a
new delivery date or he is given the option to dissolve the Agreement
free of charge.
5.5. Boola Boola advises the Customer to inspect the delivered products and to
report any defects found within a reasonable time, preferably in writing. See
the Article on warranty and conformity in more detail.
5.6. As soon as the products to be delivered have been delivered to the specified delivery
address, the risk with regard to these products is transferred to the Customer. If
expressly agreed otherwise, the risk will pass to the Customer sooner. If the
Customer decides to collect the products, the risk is transferred upon transfer of the
products.
5.7. Boola Boola is entitled to deliver a similar product of similar quality to the
ordered product, if the ordered product is no longer available. The customer
is then entitled to dissolve the Agreement free of charge and to return the
product free of charge.
Article 6. Right of withdrawal
6.1. This article only applies to the Customer, who is a natural person who is not
acting in the exercise of his profession or business.
6.2. The Customer has the right to dissolve the Agreement concluded at a distance
with Boola Boola, free of charge, within 14 days of receipt of the product,
without stating reasons.
6.3. The period starts on the day after the Customer, or a third party designated
by him in advance, who is not the carrier, has received the product, or:
if the Customer has ordered several products in the same order: the day
on which the Customer, or a third party designated by him, has received
the last product;
if the delivery of a product consists of several shipments or parts:
the day on which the Customer, or a third party designated by him,
has received the last shipment or the last part;
in the case of Agreements for regular delivery of products during a
certain period: the day on which the Customer, or a third party
designated by him, has received the first product.
6.4. The customer must bear the return costs himself, if these costs are higher
than the regular postal rate, Boola Boola will provide an estimate of these
costs. The shipping costs incurred by the Customer when purchasing the
product are not included in the return costs and remain at the Customer’s
own expense.
6.5. Within the withdrawal period referred to in paragraph 1, the Customer will handle
the product and packaging with care. The customer will only open the packaging
and only use the product to the extent necessary to check the nature, characteristics
and functioning of products. The basic principle here is that this inspection may not
go beyond what the Customer could do in a physical store.
6.6. Customer is only liable for depreciation of the product that is the
result of a way of handling the product that goes beyond what is
allowed in the previous paragraph.
6.7. The Customer can dissolve the Agreement in accordance with the term set in
paragraph 1 of this Article by sending the model withdrawal form (digitally)
to Boola Boola, or by indicating to Boola Boola in another unambiguous way
that he is waiving the purchase. Boola Boola confirms receipt of that report
in the event of a digital report. After termination, the Customer has 14 days
to return the product. It is also possible to return the product immediately
within the reflection period specified in paragraph 1 of this Article, provided
that the model withdrawal form or other unambiguous statement for
withdrawal is enclosed.
Products can be returned to:
boola boola
Holterweg 73
7429 AE, Colmschate
6.8. Amounts already paid by Customer (in advance) will be refunded to Customer
as soon as possible, but no later than 14 days after dissolution of the
Agreement, in the same way that Customer paid for the order. If the Customer
has opted for a more expensive method of delivery than the cheapest
standard delivery, Boola Boola does not have to pay the additional
costs for the more expensive method are not refundable. Unless Boola
Boola offers to collect the product itself, Boola Boola may withhold
payment until Boola Boola has received the product or until Customer
demonstrates that he has returned the product, whichever is earlier.
6.9. Information about whether or not the right of withdrawal applies
and any desired procedure is clearly stated on the Website in good
time before the Agreement is concluded.
Article 7. Business return right
7.1. The previous article on the right of withdrawal applies mutatis
mutandis to business orders, except that:
Business Customer must dissolve the Agreement with Boola Boola
within 14 days of receipt of the product.
Business Customer will only receive the purchase amount back after
receipt of the return by Boola Boola. The customer is responsible for the
return and for the costs of the return.
Amounts already paid (in advance) by the Business Customer will be
refunded by Boola Boola as soon as possible, but at the latest within
30 days after termination of the Agreement and receipt of the
returns.
Article 8. Payment
8.1. The Customer must make payments to Boola Boola in accordance with the
payment methods indicated in the order procedure and, if applicable, on the
Website. Boola Boola is free to choose the payment methods offered and these
may also change from time to time. In the event of payment after delivery, the
Customer has a payment term of 14 days starting on the day after delivery.
8.2. If the Customer does not meet his payment obligation(s) in time, after
Boola Boola has notified him of the late payment and Boola Boola has
granted the Customer a period of 14 days to still meet his payment
obligations, if payment is not made within this 14-day period, the
statutory interest will be owed on the amount still owed and Boola
Boola is entitled to charge the extrajudicial collection costs incurred by
it. These collection costs amount to a maximum of: 15% on
outstanding amounts up to € 2,500; 10% on the next €2,500 and 5% on
the next €5,000 with a minimum of €40. Boola Boola may deviate from
the stated amounts and percentages in favor of the Customer.
Article 9. Warranty and Conformity
9.1. This article only applies if there is a Customer who is not acting in
the exercise of his profession or business. If Boola Boola
a separate guarantee is given on the products, without prejudice to what has just been
stated, this applies to all types of Customers.
9.2. Boola Boola guarantees that the products comply with the Agreement,
the specifications stated in the offer, the reasonable requirements of
reliability and/or usability and the legal provisions and/or government
regulations existing on the date of the conclusion of the Agreement. If
specifically agreed, Boola Boola also guarantees that the product is
suitable for other than normal use.
9.3. If the delivered product does not comply with the Agreement, the
Customer must inform Boola Boola of this within a reasonable period of
time after discovering the defect.
9.4. If Boola Boola considers the complaint to be well-founded, the relevant products will be
repaired, replaced or reimbursed after consultation with the Customer. With due
observance of the Article regarding liability, the maximum compensation is equal to the
price paid by the Customer for the product.
Article 10. Warranty for business purchases
10.1. Boola Boola guarantees that the products comply with the
Agreement, the specifications stated in the offer, the reasonable
requirements of reliability and/or usability and the legal provisions
and/or government regulations existing on the date of the conclusion
of the Agreement. If specifically agreed, Boola Boola also guarantees
that the product is suitable for other than normal use. Otherwise, the
product is suitable for normal use.
10.2. If the delivered product does not comply with the Agreement upon delivery,
the Customer must notify Boola of this within 14 days of delivery at the
latest. If the Customer does not do this, he can no longer claim repair,
replacement, etc., if the product was delivered defective.
10.3. If Boola Boola considers the complaint to be well-founded, the relevant products will be repaired,
replaced or (partially) reimbursed after consultation with the Customer.
Article 11. Complaints procedure
11.1. If the Customer has a complaint about a product (in accordance with Article
regarding warranty and conformity) and/or about other aspects of Boola
Boola’s services, he can submit a complaint to Boola Boola by telephone, e-mail
or post. See the contact details at the bottom of the Terms and Conditions.
11.2. Boola Boola will provide the Customer with a response to his complaint as soon
as possible, but in any event within 3 days of receipt of the complaint. If it is not
yet possible to provide a substantive or definitive response, Boola Boola will
confirm the complaint within 3 days of receipt of the complaint and
provide an indication of the period within which it expects to provide a substantive
or definitive response to the Customer’s complaint.
11.3. Customer who is not acting in the exercise of his profession or business can also file
a complaint via the European dispute resolution platform, which can be reached at
http://ec.europa.eu/odr/†
Article 12. Liability
12.1. This Article only applies if the Customer is a natural or legal person
acting in the exercise of his profession or business.
12.2. The total liability of Boola Boola towards the Customer due to an attributable
shortcoming in the performance of the Agreement is limited to compensation
not exceeding the amount of the price stipulated for that Agreement (including
VAT).
12.3. Boola Boola’s liability towards the Customer for indirect damage,
including in any case – but expressly not limited to – consequential
damage, loss of profit, lost savings, loss of data and damage due to
business interruption, is excluded.
12.4. Apart from the cases referred to in the previous two paragraphs of this Article,
Boola Boola shall not be liable to the Customer for any
compensation regardless of the ground on which an action for
compensation would be based. However, the restrictions referred to in this
Article will lapse if and insofar as damage is the result of intent or gross
negligence on the part of Boola Boola.
12.5. Boola Boola’s liability towards the Customer due to an attributable
shortcoming in the performance of an Agreement only arises if the
Customer provides Boola with a proper written notice of default, stating
a reasonable term to remedy the breach, and Boola Boola also fulfills
that term after that term. continues to fall short of its obligations. The
notice of default must contain as detailed a description as possible of the
shortcoming, so that Boola Boola is able to respond adequately.
12.6. A condition for the existence of any right to compensation is always that the
Customer reports the damage in writing to Boola Boola as soon as possible,
but no later than 30 days after it has arisen.
12.7. In the event of force majeure, Boola Boola is not obliged to pay compensation for
any damage caused to the Client as a result.
Article 13. Retention of Title Business Purchases
13.1. All delivered goods remain the property of Boola Boola until all claims
that Boola Boola has against the Business Customer (including any
related (collection) costs and interest) have been paid in full.
13.2. Prior to the transfer of ownership referred to, the Business Customer is not
authorized to sell, deliver or otherwise dispose of these items, other than in
accordance with its normal business and the normal destination of the items. In
addition, the Business Customer is not permitted to pledge these items or to grant
third parties any other right thereto as long as the ownership of these items has not
passed to the Business Customer.
13.3. Business Customer is obliged to store the goods delivered under
retention of title carefully and as recognizable property of Boola
Boola.
13.4. Boola Boola is entitled to take back the goods that have been delivered subject
to retention of title and that are still at the buyer’s house if the Business
Customer does not ensure timely payment of the invoices or is or is in danger of
experiencing payment difficulties.
13.5. Business Customer shall at all times grant Boola Boola free access
to its goods for inspection and/or exercise of Boola Boola’s rights.
Article 14. Personal data
14.1. Boola Boola processes the Customer’s personal data in accordance with the
privacy statement published on the Website.
Article 15. Final Provisions
15.1. Dutch law applies to the Agreement.
15.2. Insofar as not dictated otherwise by mandatory law, all disputes that
may arise as a result of the Agreement will be submitted to the
competent Dutch court in the district where Boola Boola is located.
15.3. If a provision in these General Terms and Conditions is found to be invalid,
this will not affect the validity of the entire General Terms and Conditions.
In that case, the parties will determine (a) new provision(s) as a
replacement, which will give shape to the intention of the original
provision as much as legally possible.
15.4. In these General Terms and Conditions, “in writing” also includes communication by
e-mail and fax, provided that the identity of the sender and the integrity of the e-mail
are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these General Terms and
Conditions, please do not hesitate to contact us in writing or by e-mail.
boola boola
Holterweg 73
7429 AE, Colmschate
Phone: 0646074220
Email: info@boola-boola.com
Chamber of Commerce number: 84695498
VAT number: NL004002951B32
