Klantenservice
General terms and conditions of BuddiesandBaddies, located in Zeist (version valid from 01-01-2022)
Article 1. General
1.1 In these general terms and conditions of sale, 'BuddiesandBaddies' means: www.buddiesandbaddies.com
1.2 These terms and conditions form part of all offers from and agreements with BuddiesandBaddies unless expressly deviated from in writing.
1.3 With due observance of the provisions of Article 6.4, these conditions also apply if BuddiesandBaddies must engage third parties for the execution of all agreements.
1.4 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by BuddiesandBaddies.
1.5 In the event that the Terms and Conditions and an Agreement contain conflicting clauses, the Agreement shall prevail. 1.6 If any part of the Terms and Conditions is void or annulled, the other provisions of the Terms and Conditions will remain in full force and effect and the parties will be bound to make every effort to determine a replacement clause in good consultation that is valid and reflects the original intentions. of the parties as closely as possible.
Article 2. Offers and conclusion of agreements
2.1 All offers are without obligation, unless expressly stated otherwise by BuddiesandBaddies.
2.2 Agreements for the delivery of goods and/or services only bind BuddiesandBaddies after written confirmation. Actual execution by buddiesandbaddies or an invoice sent by BuddiesandBaddies is equivalent to a written confirmation of the offer.
2.3 If the correctness of the content of this written confirmation is not disputed within 8 days, also in writing, BuddiesanBaddies and the customer are bound by this.
2.4 Offers from BuddiesandBaddies do not automatically apply to repeat orders.
2.5 BuddiesandBaddies cannot be held to its offer if the customer should have understood that the offer, or part thereof, contained an obvious mistake or typo.
2.6 Additions, changes and/or further agreements are only effective if agreed in writing.
Article 3. Prices / Price increase
3.1 Unless otherwise stated, all prices are expressed in Euros, including sales tax (VAT).
3.2 BuddiesandBaddies guarantees that price increases will not take place after the terms and conditions have been concluded, unless the price increase is the result of legal regulations and/or provisions.
3.3 If the price increase is not the result of legal regulations and/or provisions, the consumer has the right to cancel the distance contract on the day on which the price increase takes effect.
Article 4. Delivery
4.1 If items are available from stock, they will be shipped immediately after ordering. BuddiesandBaddies may charge shipping costs for sending ordered items. The delivery of ordered goods takes place at the postal address known to BuddiesandBaddies, not being of a temporary nature, and delivered to the natural person who is at the delivery address.
4.2 The customer must sign for receipt of the products. This is only different if the customer has grounds for refusal based on the law.
4.3 If the customer refuses to accept delivery or fails to provide information or instructions necessary for delivery, the items will be stored at the expense and risk of the customer.
4.4 The delivery obligation of BuddiesandBaddies will, unless proven otherwise, be fulfilled as soon as the goods delivered by BuddiesandBaddies have been offered to the customer. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery, unless proven otherwise.
4.5 In the event of refusal of the goods offered, return freight and storage costs, as well as the risk of damage or loss of the refused goods, will be entirely borne by the buyer, unless the buyer has good grounds for canceling the purchase or replacing the goods. invokes.
Article 5. Delivery time
5.1 A delivery time specified by BuddiesandBaddies can never be regarded as a deadline. The delivery time does not start until all necessary information is in BuddiesandBaddies' possession, after which BuddiesandBaddies will attempt to make delivery within 30 days.
5.2 In the context of the rules of distance purchasing, BuddiesandBaddies (contractor) will execute orders expeditiously, but at least within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially executed, the consumer (client) will receive notice within 1 month after placement of the order and in that case he has the right to cancel the order without costs and notice of default.
Article 6. Dissolution
6.1 Without prejudice to the rights of BuddiesandBaddies under the law, BuddiesandBaddies is entitled to suspend or dissolve the agreement in whole or in part by means of a written statement to that effect to the customer, with the right to compensation against the customer if after the conclusion of the agreement agreement, BuddiesandBaddies comes to the attention of circumstances that give BuddiesandBaddies good reason to fear that the customer will not fulfill its obligations or if BuddiesandBaddies has asked to provide security for compliance when concluding the agreement and this security is not provided or is insufficient (despite summons) as well as in the event of bankruptcy of the customer, the customer's own application for bankruptcy, suspension of payments, liquidation or a decision thereto, full or partial transfer of the customer's company or seizure of any part of its assets.
6.2 If circumstances arise with regard to persons and/or materials that BuddiesandBaddies uses or tends to use in the performance of the agreement, which are of such a nature that the performance of the agreement is impossible or so onerous and/or disproportionately expensive becomes that compliance can no longer reasonably be required, BuddiesandBaddies is entitled to terminate the agreement.
6.3 The customer has the right to terminate the agreement within a period of 7 working days without giving any reason for goods delivered on the basis of an order with BuddiesandBaddies, if there is a consumer purchase, in accordance with Article 7:5 of the Dutch Civil Code, unless expressly stated. otherwise agreed. This period starts when the ordered goods have been delivered. If the customer has not returned the delivered goods to BuddiesandBaddies after this period, the purchase is a fact. Before returning, the customer is obliged to report this to BuddiesandBaddies within 7 working days after delivery. The customer must prove that the delivered goods have been returned on time (no later than 10 working days after delivery), for example by means of proof of postal delivery. Returning the delivered goods is entirely at the expense and risk of the customer. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to termination within the meaning of this paragraph lapses. Taking into account what has been determined in the previous sentence, BuddiesandBaddies will confirm the cancellation of the purchase immediately after receipt and inspection of the returned items and will ensure that the full purchase amount is paid to the customer free of charge within 30 days after receipt of the complete return shipment. will be refunded.
6.4 The right to terminate, as described in the previous paragraph, only relates to the goods delivered and will in no case relate to services.
Article 7. Force majeure
7.1 Force majeure means, in addition to what is understood in law and case law, all circumstances over which BuddiesandBaddies has no influence and which hinder or make the delivery of goods impossible, including but not limited to strikes at BuddiesandBaddies and/or suppliers, disruptions in the Internet or WAP, electricity disruptions, email traffic disruptions and disruptions or changes in technology supplied by third parties.
7.2 Force majeure can also be invoked if the circumstance that prevents (further) compliance occurs after BuddiesandBaddies should have fulfilled the obligation.
7.3 If the period in which fulfillment of the obligation by BuddiesandBuddies is not possible due to force majeure lasts longer than 2 weeks, both parties are entitled to terminate the agreement, without there being any obligation to pay compensation in that case.
7.4 If BuddiesandBaddies has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the deliverable part and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
Article 8. Warranty
8.1 BuddiesandBaddies does not offer a more extensive warranty on delivered goods than the warranty conditions) of the manufacturer of these goods, without however affecting the rights of the customer arising from mandatory legal provisions.
8.2 BuddiesandBuddies is, however, never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
8.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is wrong, defective or incomplete, the customer must immediately report these defects in writing to BuddiesandBaddies (before returning it to BuddiesandBaddies). Any defects or incorrectly delivered goods must and can be reported to BuddiesandBaddies in writing up to a maximum of 2 months after delivery. Returns of the goods must be made in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely voids this right to complain and return.
8.4 If complaints from the customer are found to be well-founded by BuddiesandBaddies, BuddiesandBaddies will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation, on the understanding that the liability of BuddiesandBaddies and therefore the amount of compensation will always be is limited to a maximum of the invoice amount of the relevant goods, or (at BuddiesandBaddies' option) to the maximum amount covered in the relevant case by BuddiesandBaddies' liability insurance. Any liability of BuddiesandBaddies for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.
8.5 BuddiesandBaddies is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
8.6 This warranty does not apply if:
A) and as long as the customer is in default towards BuddiesandBaddies;
B) the customer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties.
C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or have been treated contrary to the instructions of BuddiesandBaddies and/or instructions for use on the packaging;
D) the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 9. Payment
9.1 Unless otherwise agreed, payment must be made by means of a PIN transaction at the place of delivery of the products. Payment in installments is not possible.
9.2 After 10 days have elapsed after the invoice date, the customer is legally in default and from that moment on owes interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest applies, whereby a part of a month is counted as a whole month.
9.3 In the event of bankruptcy or suspension of payment of the customer or an application for this, the claims of Sample Shop and the obligations of the customer towards BuddiesandBaddies are immediately due and payable.
9.4 If BuddiesandBaddies has to outsource its claim for collection, the customer owes a fixed amount of 15% of the extrajudicial collection costs owed, with a minimum amount of 250 euros.
9.5 If BuddiesandBaddies can demonstrate that it has incurred higher costs that were reasonably necessary, these are also eligible for reimbursement.
Article 10. Retention of title
10.1 The ownership of all goods sold and delivered by BuddiesandBaddies to the customer remains with BuddiesandBaddies as long as the customer has not paid BuddiesandBaddies' claims under the agreement or previous or later similar agreements, as long as the customer completes the work performed or to be performed. has not yet fulfilled these or similar agreements and as long as the customer has not yet paid BuddiesandBaddies' claims due to failure to comply with such obligations, including claims regarding fines, interest and costs, all as referred to in Article 3: 92 BW.
10.2 The goods delivered by BuddiesandBaddies that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
10.3 The customer is not entitled to pledge or encumber in any other way the items falling under the retention of title.
10.4 The customer now gives unconditional and irrevocable permission to BuddiesandBaddies or a third party to be appointed by BuddiesandBaddies, in all cases in which Sample Shop wishes to exercise its ownership rights, to enter all those places where its property will be located and to dispose of those items there. to take.
10.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform BuddiesandBaddies of this as soon as can reasonably be expected. 10.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to the BuddiesandBaddies upon first request.
Article 11. Privacy
11.1 BuddiesandBaddies respects the privacy of online visitors to its website and is the sole owner of the information obtained via this website, unless otherwise stated. This information is not sold, shared or rented by BuddiesandBaddies to third parties in any way other than as stated in this privacy statement.
11.2 Information from which the identity of an online visitor to the BuddiesandBaddies website can be derived is provided voluntarily by the visitor. This information may be used within Sampleshop (and all its subsidiaries and brands) with the aim of making visits to our websites as simple and enjoyable as possible. In addition, this information may be used for analysis and providing information about BuddiesandBaddies' product portfolio. The customer gives express permission for this. BuddiesandBaddies is entitled to disclose information about a visitor in special cases, when there is reason to believe that disclosing that information is necessary to identify, come into contact with or bring proceedings against someone who may or may not does not intentionally harm or damage the rights or property of BuddiesandBaddies, other users of its website or others who may be harmed by it. BuddiesandBaddies may release information about users when we believe in good faith that the law requires it.
11.3 BuddiesandBaddies collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data can be deleted at the request of the online visitor as long as this does not require disproportionate effort or costs for BuddiesandBaddies.
Article 12. Intellectual property rights
12.1 Unless expressly agreed otherwise in writing, the full copyright and all other intellectual and industrial property rights relating to the goods or services supplied by BuddiesandBuddies, such as trademark rights, design rights, patent rights, sui generis database rights, etc., belong exclusively to Sample Shop and /or its suppliers.
12.2 The parties undertake to take sufficient measures to ensure confidentiality with regard to each other's information of a confidential nature that they become aware of during the execution of the agreement.
Article 13. Applicable law.
13.1 All offers and agreements from BuddiesandBaddies are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
Article 14. Disputes
14.1 For questions and/or complaints, the customer can call the BuddiesandBaddies Customer Care helpdesk on 0900 424 0900 (10ct p/min), available from Monday to Friday from 8:30 AM - 5:30 PM. Complaints are usually handled within 30 days. If this is not possible for any reason, the customer will be informed of the delay time.
14.2 The customer has the opportunity to submit the dispute to an independent dispute committee. This may be the Thuiswinkel dispute committee or another equivalent dispute committee, which does not affect the customer's right to submit the dispute to a competent court.