GENERAL TERMS AND CONDITIONS per 01-12-2022
From: Bluemayim B.V., Wethouder Kampstraat 99a
7553 ZE Hengelo, the Netherlands, hereinafter to be referred to as: user
1.1 These general terms and conditions apply to all offers made by Bluemayim B.V. The terms and conditions are accessible to everyone and are included on the internet site of Bluemayim B.V.
1.2 By placing an order, you indicate that you agree with the terms of delivery and payment. Bluemayim B.V reserves the right to change its delivery and/or payment terms after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not acknowledged by Bluemayim B.V.
1.4 Bluemayim B.V strives to ensure that the delivered product complies with the agreement and meets the specifications stated in the offer.
2.1 Delivery will take place as long as stocks last.
2.2 Delivery will take place within 2 to 10 working days. If this is not possible (because the order is out of stock or no longer deliverable), or there is a delay for other reasons, or an order cannot or can only be partially carried out, you will be informed within 2 working days after placing the order and in that case you have the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of Bluemayim B.V. will be fulfilled once the articles delivered by Bluemayim B.V. are offered to you, unless proven otherwise. In case of home delivery, the carrier's report, containing the refusal of acceptance, will serve as full proof of the delivery offer.
2.4 All terms mentioned on the internet site are indicative. No rights can therefore be derived from the periods stated.
3.1 Unless indicated otherwise in writing by Bluemayim B.V., payment must be made in advance.
3.2 Payment must be made by bank transfer to the bank account indicated by Bluemayim B.V.
3.3 Payments are in Euros.
3.4 When paying by bank, the date of payment will be the date of crediting the bank account of Bluemayim B.V.
4.1 Prices will not be increased during the term of the offer, unless legal measures make this necessary or if the manufacturer introduces interim price increases.
4.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
4.3 All prices on the site are in Euros and excluding 21% VAT.
4.4 The order & shipping costs within the Netherlands are as follows:
- orders up to €100,-: €--.
- orders above €100,-: Free
5. Data management
5.1 Bluemayim B.V. respects the privacy of the users of its website and ensures confidentiality of your personal information.
6.1 You are obliged to check the delivered goods immediately upon receipt. If it appears that the delivered items are wrong, faulty or incomplete, you should (before proceeding to return them to Bluemayim B.V.) immediately report these defects in writing to [email protected]. Goods must be returned in their original packaging (including accessories and documentation) and in new condition.
6.2 If Bluemayim B.V. finds the complaint justified, Bluemayim B.V. will, at its discretion, either replace the delivered goods free of charge, or make a written agreement with you about the compensation of damages, on the understanding that the liability of Bluemayim B.V. and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned.
6.3 This warranty does not apply if: A) and as long as you are in default towards Bluemayim B.V; B) you have repaired and/or modified the delivered articles yourself or had them repaired and/or modified by third parties. C) the delivered articles have been exposed to abnormal conditions or have otherwise been treated carelessly.
7 Article. Cancellation of your order.
7.1. Every order can be cancelled within 24 hours, provided that the package has been shipped. If you wish to cancel an order please call +31851124338.
7.2 We will confirm your cancellation by phone or email and if applicable transfer the paid amount to you within 4 working days.
8.1 Offers are without engagement, unless otherwise stated in the offer.
8.2 Upon acceptance of an offer without engagement by you, Bluemayim B.V. reserves the right to revoke or deviate from the offer within 3 business days after receipt of such acceptance.
8.3 Verbal agreements are binding for Bluemayim B.V. only after they have been confirmed in writing.
8.4 Offers made by Bluemayim B.V. do not automatically apply to repeat orders.
8.5 Bluemayim B.V cannot be held to its offer if you should have understood that the offer, or any part thereof, contains an obvious mistake or error.
8.6 Additions, changes and/or further agreements are only valid if agreed in writing.
9.1 An agreement between Bluemayim B.V and you is established after an order has been assessed by Bluemayim B.V on feasibility.
9.2 Bluemayim B.V reserves the right not to accept orders or commissions without giving reasons, you will be informed within 5 working days.
10. Images and specifications
10.1 All images (photographs, drawings etc.), data concerning weights, dimensions, colors, images of labels etc. on the Bluemayim B.V. internet site are approximations only, are indicative and cannot be a reason for compensation or dissolution of the agreement.
11. Force majeure
11.1 Bluemayim B.V. is not liable if and insofar as its obligations cannot be fulfilled due to force majeure.
11.2 Force majeure is understood to mean any strange cause, as well as any circumstance, which in all reasonableness should not be for her risk. Delay or non-performance by our suppliers, disruptions in the Internet, power failures, failures in e-mail traffic and failures or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of Bluemayim B.V. as well as auxiliary persons, sickness of staff, deficiencies in auxiliary or transport equipment count explicitly as force majeure.
11.3 Bluemayim B.V. reserves the right to suspend its obligations in the event of force majeure and is also entitled to terminate the agreement in whole or in part, or to claim that the contents of the agreement be changed in such a way that performance remains possible. Under no circumstances will Bluemayim B.V. be obliged to pay any penalty or damages.
11.4 If Bluemayim B.V. has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfil its obligations, Bluemayim B.V. is entitled to invoice the already delivered or the deliverable part separately and you will be obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or the deliverable part has no independent value.
12.1 Bluemayim B.V. is not liable for damage to objects caused by improper use of the articles. Please read the instructions on the packaging and/or consult our website.
13. Retention of title
13.1 Ownership of all goods sold and delivered to you by Bluemayim B.V will remain with Bluemayim B.V as long as you have not paid Bluemayim B.V's claims under the contract or previous or later similar agreements, and as long as you have not paid Bluemayim B.V's claims due to failures in the performance of such agreements, including claims relating to penalties, interest and costs, all as referred to in article 3:92 of the Dutch Civil Code.
14. Applicable law/jurisdiction
14.1 All agreements shall be governed by Dutch law.
14.2 Disputes resulting from an agreement between you and Bluemayim B.V., which cannot be resolved by mutual agreement, will be settled by the competent court within the district of The Hague, unless Bluemayim B.V. prefers to submit the dispute to the competent court in your place of residence, with the exception of those disputes that fall under the competence of the cantonal judge.