Article 1 | Definitions
1. Bolster & Benefield, located in Kaatsheuvel, Chamber of Commerce number 63358832, is referred to in these general terms and conditions as Bolster & Benefield.
2. The other party is referred to in these general terms and conditions as the consumer.
Article 2 | Applicability of General Terms and Conditions
1. These terms and conditions apply to the offers, agreements, and delivery of products by or on behalf of Bolster & Benefield, where these terms have been declared applicable, unless explicitly and in writing deviated from these terms.
2. The latest version of these general terms and conditions sent shall always apply.
3. These terms and conditions also apply to third parties engaged by Bolster & Benefield in the context of the agreement.
4. The consumer’s general terms and conditions are expressly rejected.
5. Should one or more provisions of these general terms and conditions be null and void or annulled at any time, the remaining provisions shall remain fully applicable.
Article 3 | Offer
1. If the offer has a limited validity period or is subject to certain conditions, this will be explicitly stated. Orders remain in the shopping cart for 14 calendar days.
2. Images of products are a true representation of the offered products. However, since the products are handmade, minor deviations may occur.
3. Bolster & Benefield cannot be held to its offer if the consumer could reasonably understand that the offer, or a part thereof, contains an obvious mistake or error.
Article 4 | Agreement
1. Bolster & Benefield reserves the right to refuse a sale for valid reasons. The agreement is only established when both parties have accepted the offer and the conditions set have been met.
2. Bolster & Benefield confirms acceptance of the offer by sending an order confirmation via email.
3. Bolster & Benefield ensures a secure web environment and takes appropriate measures for electronic payments. Consumer data will be protected with technical and organizational measures.
Article 5 | Prices and Payments
1. The prices listed in the offer include VAT and exclude shipping costs. Any import and customs duties for international shipments are the responsibility of the consumer.
2. The prices of the offered products mentioned in the offer will not be increased during the current agreement, except for price changes due to changes in VAT rates, unless the prices of the products are subject to fluctuations in the financial market over which Bolster & Benefield has no influence.
3. Bolster & Benefield is entitled to charge a surcharge for custom-made products if the consumer’s wishes deviate from the usual style or offer of Bolster & Benefield.
Article 6 | Information Provision
1. The consumer shall provide all information, including shipping details, relevant to the execution of the agreement to Bolster & Benefield in a timely manner.
2. The consumer guarantees the accuracy, completeness, and reliability of the information provided, even if it originates from third parties. Bolster & Benefield will treat the data confidentially.
3. The consumer indemnifies Bolster & Benefield against any damage resulting from non-compliance with the provisions of this article.
4. For the personalization of products, the consumer will receive a digital proof. If the consumer does not provide changes within 14 calendar days, Bolster & Benefield may assume approval and proceed with production.
Article 7 | Right of Withdrawal
1. The consumer has a 30-calendar-day cooling-off period to cancel the purchase of non-personalized products. Bolster & Benefield has the right to ask the consumer for the reason for withdrawal, but the consumer is not obliged to provide a reason.
2. The cooling-off period mentioned in the previous paragraph begins the day after the consumer receives the product.
3. The right of withdrawal does not apply to services or products other than physical and/or personalized products.
Article 8 | Obligations in the Event of Withdrawal
1. The consumer must handle the product and packaging with care during the cooling-off period. The product may only be inspected as would be allowed in a store.
2. Any reduction in value of the product due to handling in violation of paragraph 1 is the responsibility of the consumer.
3. Bolster & Benefield will send an acknowledgment of receipt to the consumer after receiving the notice of withdrawal.
4. Bolster & Benefield will refund the consumer’s payments within 14 days after the consumer has communicated the withdrawal.
Article 9 | Exercise of the Right of Withdrawal
1. The consumer shall notify Bolster & Benefield in writing, using the model withdrawal form, and within the cooling-off period that they are exercising the right of withdrawal.
2. Within 14 days after the notification mentioned in paragraph 1 of this article, the consumer shall return the product in its original condition and packaging.
3. The burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
4. The costs of returning the product are borne by the consumer.
Article 10 | Delivery and Shipping
1. The shipping address provided by the consumer will be used for delivery. Bolster & Benefield is not liable for errors in the delivery information provided.
2. Bolster & Benefield is only obliged to deliver within the delivery areas it has indicated, namely worldwide, except for Chad, Iran, Kyrgyzstan, North Korea, Somalia, South Sudan, Sudan, and Syria.
3. Bolster & Benefield strives to ship accepted orders within 4 weeks, unless a longer period has been agreed upon or a product is out of stock.
4. If delivery is delayed, the consumer will be informed as soon as possible. If delivery takes longer than 8 weeks, the consumer has the right to cancel the agreement at no cost. Bolster & Benefield will refund the amount paid by the consumer within 14 calendar days after cancellation.
5. If the consumer chooses to pick up the order but fails to do so within three months, Bolster & Benefield is entitled to add the product back to its stock.
Article 11 | Liability for Damage
1. Bolster & Benefield is not liable for any damage arising from this agreement unless the damage was caused intentionally or by gross negligence.
2. Bolster & Benefield is not liable for damage resulting from reliance on incorrect or incomplete data provided by or on behalf of the consumer.
3. Bolster & Benefield is not liable for allergic reactions in the consumer.
4. Bolster & Benefield is not liable for damage to the product if it is not handled carefully. The consumer is also responsible for the proper maintenance of the product.
5. Bolster & Benefield is not liable for damage caused by misuse of the product after advice has been given.
6. Bolster & Benefield is not liable for actions, including delays, caused by third parties such as suppliers.
7. Bolster & Benefield cannot be held liable for stains on leather or the transfer of glitter.
8. Bolster & Benefield is not responsible for investigating the existence of third-party rights. The consumer confirms that all materials provided to Bolster & Benefield are owned by the consumer and thereby excludes contractor liability in this regard.
9. Bolster & Benefield is not liable for errors in delivered products when the consumer has given approval for the concept or has been given the opportunity to do so but did not make use of it.
10. In the event that Bolster & Benefield is liable for damages to the consumer, the compensation shall not exceed the amount invoiced by Bolster & Benefield to the consumer, unless otherwise determined by law.
11. The consumer indemnifies Bolster & Benefield against all third-party claims related to the products delivered by Bolster & Benefield.
Article 12 | Intellectual Property
1. The intellectual property rights to the brand, trade name, designs, and images of Bolster & Benefield are owned by Bolster & Benefield and may not be used or reproduced without permission.
2. Acting in violation of the provisions of this article constitutes an infringement of copyright.
3. In the event of infringement, Bolster & Benefield is entitled to compensation amounting to at least three times the usual license fee charged by Bolster & Benefield for such use, without losing the right to compensation for additional damages.
4. Ownership of products delivered by Bolster & Benefield transfers to the consumer once full payment has been completed.
5. By entering into the agreement, the consumer grants Bolster & Benefield permission to use images for advertisements, social media, portfolios, and demonstration materials. If the consumer does not wish this, they must indicate this when entering into the agreement. If the consumer sends photos of Bolster & Benefield products, Bolster & Benefield may assume that the subjects have agreed to the publication of the photos.
Article 13 | Offers and Promotions
1. Bolster & Benefield may offer promotions and discounts. When the term of the promotion or discount has expired, Bolster & Benefield is no longer obligated to honor the terms of the promotion.
2. Offered discounts only apply when payment is made within the specified period. Bolster & Benefield reserves the right to determine whether the discount has been correctly applied. In case of incorrect application, Bolster & Benefield reserves the right to cancel the order.
Article 14 | Complaints and Warranty
1. The consumer is required to report any complaints about invoices and/or delivered products to Bolster & Benefield within 14 calendar days after receiving the product.
2. The consumer receives a twelve-calendar-month warranty on purchased components, provided the warranty is under the statutory regulations.
3. Since February 15, 2016, consumers in the EU have the option to submit complaints about physical purchases from the webshop via the European Commission’s ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If the complaint has not been dealt with elsewhere, the consumer is free to submit the complaint via the EU platform.
Article 15 | Dispute Resolution
1. These general terms and conditions are governed by Dutch law.
2. Parties will only appeal to the courts after they have made every effort to resolve a dispute by mutual agreement. All disputes will be settled by the competent court in the district where Bolster & Benefield is located, unless a statutory obligation dictates otherwise.
3. Contrary to the statutory limitation periods, the limitation period for all claims and defenses against Bolster & Benefield and involved third parties is 12 months.
