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