Article 1 - Definitions
In these conditions, the following definitions apply:
- Supplemental agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by Bamboo Import Europe BV and affiliated companies or by a third party on the basis of an agreement between that third party and Bamboo Import Europe BV;
- Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Duration contract: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
- Durable data carrier: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him in person in a way that future consultation or use during a period that is geared to the goal for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person that offers products, (access to) digital content and / or services to consumers at a distance;
- Distance contract: an agreement concluded between Bamboo Import Europe BV and the consumer within the framework of an organized system for distance selling of products, whereby up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
- Model form for withdrawal: the European model form for withdrawal included in Appendix I of these conditions. Annex I does not have to be made available if the consumer has no right of withdrawal in respect of his order;
- Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
Article 2 - Identity of Bamboo Import Europe BV
Bamboo Import Europe BV
Biesland 28, 1948 RJ Beverwijk, The Netherlands
Tel.: +31 (0)251-313177
VAT-identification number: NL8560.37.369.B01
Article 3 - Applicability
- These general terms and conditions apply to every offer of Bamboo Import Europe BV and to any agreement reached at a distance between Bamboo Import Europe BV and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Bamboo Import Europe BV will indicate, before the distance contract is concluded, how to view the general terms and conditions at Bamboo Import Europe BV and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer has a simple way to store it on a durable data carrier. If this is not reasonably possible before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically, and that, at the request of the consumer, they will be sent free of charge by electronic means or otherwise.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraph shall apply. In the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him/her.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Bamboo Import Europe BV uses images, they are a true reflection of the offered products and / or services. Obvious mistakes or obvious errors in the offer are not binding on Bamboo Import Europe BV.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
- The agreement is, subject to the provisions of article 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
- If the consumer has accepted the offer electronically, Bamboo Import Europe BV will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Bamboo Import Europe BV, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, Bamboo Import Europe BV will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Bamboo Import Europe BV will take appropriate security measures.
- Bamboo Import Europe BV can inform itself within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of investigation, Bamboo Import Europe BV has good reasons not to enter into the agreement, it is entitled to refuse an order or request motivated or to attach special conditions to the execution.
- At the latest upon delivery of the product, service or digital content, Bamboo Import Europe BV will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the Bamboo Import Europe BV branch where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In the event of an extended transaction, the provision in the previous article applies only to the first delivery.
Article 6 - Right of withdrawal
- The consumer can terminate an agreement with regard to the purchase of a product during a cooling-off period of a maximum of 14 days without giving any reason. Bamboo Import Europe BV may ask the consumer about the reason for withdrawal, but this is not required to state his/her reason (s).
- The reflection period referred to in article 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- Bamboo Import Europe BV may, provided it has informed the consumer in a clear manner prior to the ordering process, refuse an order for several products with different delivery times. Bamboo Import Europe BV gives the customer a maximum of 14 days after the first delivery. We keep the 14 days for every delivery afterwards. The products that have already been delivered do not fall under this 14-day arrangement.
- in contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
- The costs for returning the products will be borne by the buyer. Bamboo Import Europe BV does not take the costs for its account unless otherwise agreed.
- Products that are made by custom order, sawn or otherwise processed can not be taken back. Exception if agreed otherwise with Bamboo Import Europe BV.
For services and digital content that is not delivered on a tangible medium:
- The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for a maximum of 14 days without giving any reason. Bamboo Import Europe BV may ask the consumer about the reason for revocation, but not to oblige them to state their reason(s).
- The reflection period referred to in article 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:
- If Bamboo Import Europe BV has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period as determined in accordance with the previous articles.
- If Bamboo Import Europe BV has provided the consumer with the information referred to in the previous article within twelve months after the commencement date of the original period of reflection, the cooling-off period will expire 14 days after the day on which the consumer has received this information.
Article 7 - Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and packaging carefully. He/she will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he/she would be allowed to do in a store.
- The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
- The consumer is not liable for the depreciation of the product if Bamboo Import Europe BV has not provided any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.
Article 8 - Exercising the right of withdrawal by the consumer and costs
- If the consumer exercises his right of withdrawal, he will report this to Bamboo Import Europe BV within 14 days after receiving the goods by means of the model form.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) Bamboo Import Europe BV. This is not required if Bamboo Import Europe BV has offered to collect the product itself. In any case, the consumer has complied with the return period if he/she returns the product before the cooling-off period has expired.
- The consumer shall return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by Bamboo Import Europe BV.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. Provided otherwise agreed.
- If the consumer exercises his right of withdrawal, all additional conditions of Bamboo Import Europe BV apply. (see annex additional information right of withdrawal)
Article 9 - Obligations of Bamboo Import Europe BV upon revocation
- If Bamboo Import Europe BV makes the notification of withdrawal by the consumer electronically available, it will immediately send an acknowledgment of receipt upon receipt of this notification.
- Bamboo Import Europe BV will reimburse all payments from the consumer, including any delivery costs invoiced by Bamboo Import Europe BV for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Bamboo Import Europe BV offers to collect the product itself, he may wait to pay back until he has received the product in good order.
- Bamboo Import Europe BV uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Bamboo Import Europe BV does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
Bamboo Import Europe BV can exclude the following products and services from the right of withdrawal, but only if Bamboo Import Europe BV has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price is subject to fluctuations on the financial market on which Bamboo Import Europe BV has no influence and which may occur within the revocation period;
- Agreements that are concluded during a public auction. A public auction means a sales method whereby products are offered by Bamboo Import Europe BV to the consumer who is personally present or who is given the opportunity to be present personally at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products;
- Services agreements, after full execution of the service, but only if:
- the execution has begun with the explicit prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal as soon as Bamboo Import Europe BV has fully executed the agreement;
- Products manufactured according to the consumer's specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer or which are clearly intended for a specific person; Products that have been cut, processed or custom made are outside the right of withdrawal unless expressly agreed otherwise in writing.
- Products that by their nature are irrevocably mixed with other products after delivery;
- The delivery of digital content other than on a tangible medium, but only if:
- the execution has begun with the explicit prior consent of the consumer; and
- the consumer has stated that he thereby loses his right of withdrawal.
- Products that can not be proven to have been purchased from Bamboo Import Europe BV.
Article 11 - The price
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- The prices mentioned in the offer of products or services include VAT.
- Obvious mistakes or errors are not binding on Bamboo import Europe BV. Likewise mentioned in article 4.2.
Article 12 - Compliance agreement and warranty
- Bamboo Import Europe BV guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal regulations existing on the date of the conclusion of the agreement according to provisions and / or government regulations. If agreed, Bamboo Import Europe BV also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by Bamboo Import Europe BV, its supplier, manufacturer or importer never restricts the legal rights and claims that the consumer can enforce against Bamboo Import Europe BV pursuant to the agreement if Bamboo Import Europe BV has failed to comply with his part of the agreement.
- Under additional guarantee is understood any obligation of Bamboo Import Europe BV, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that it has failed in the performance of its part of the agreement.
- The warranty does not include defects in the articles that have arisen as a result of normal wear and tear, or damage resulting from circumstances in which the entrepreneur can not influence, including weather conditions or damage arising during transport or installation by or on the instructions of the customer. .
- Bamboo is a natural product. Therefore, there are a number of natural properties that are not covered by the warranty:
- Vertical cracks can / will arise in bamboo poles. Like wood, bamboo expands or shrinks when changes in temperature or humidity occur. Cracks, however, have no effect on the structural integrity of bamboo.
- Discoloration of the products by sun, moisture or fungi is excluded. The natural material is associated with outside organic products such as bamboo.
- Due to the use of natural materials, the dimensions and colors may deviate from the specified product specifications and images.
- Any form of guarantee will lapse if the item has been used incorrectly or carelessly.
- Bamboo Import Europe BV provides a guarantee on part of its products. Look at the product description for more information. The warranty provisions only apply to manufacturing defects or inexpert work. The warranty conditions and the duration of the warranty can be found on our website: www.bambooimport.com
Article 13 - Delivery and execution
- Bamboo Import Europe BV will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has provided to Bamboo Import Europe BV.
- With due observance of what is stated in article 4 of these general terms and conditions, Bamboo Import Europe BV will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. After termination in accordance with the previous paragraph, Bamboo Import Europe BV will immediately repay the amount that the consumer has paid.
- The risk of damage and / or loss of products rests with Bamboo Import Europe BV until the moment of delivery to the consumer or a previously designated and made representative to Bamboo Import Europe BV, unless explicitly agreed otherwise.
Article 14 - Duration of transactions: duration, cancellation and renewal
- The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products or services, with due observance of the agreed cancellation rules and a notice period of up to one month.
- Consumers can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products or services, at any time by the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of up to one month.
- Consumers can:
- cancel the agreement at any time and not be limited to termination at a specific time or in a given period;
- cancel the agreement in the same way as they were entered;
- always cancel the agreement with the same notice period as Bamboo Import Europe BV has stipulated for itself.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 15 - Payment
- Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- In specific cases, a prepayment of up to 50% is required. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
- The consumer has the duty to notify Bamboo Import Europe BV of inaccuracies in the payment data provided or stated without delay.
- If the consumer does not fulfill his payment obligation (s) in time, after being informed by Bamboo Import Europe BV of the late payment, Bamboo Import Europe BV has granted the consumer a period of 14 days to still fulfill his payment obligations. If payment has not been made within this 14-day period, the statutory interest will be due on the amount due and Bamboo Import Europe BV will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2500, -; 10% over the next € 2500, -; and 5% over the next € 5000, - with a minimum of € 40, -. Bamboo Import Europe BV may deviate from the aforementioned amounts and percentages to the benefit of the consumer.
- Bamboo Import Europe BV has set payment terms that clients always pay for delivery. Delivery will only take place after receiving the total amount unless otherwise agreed.
Article 16 - Complaints regulation
- Bamboo Import Europe BV has a complaints procedure. This complaints procedure is available electronically. At the request of the consumer, Bamboo Import Europe BV will send these to the consumer free of charge.
- And handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be fully and clearly described within a reasonable time after the consumer has discovered the defects, with photos of the damage being submitted to Bamboo Import Europe BV.
- Complaints submitted to Bamboo Import Europe BV will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Bamboo Import Europe BV will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must give Bamboo Import Europe BV at least 4 weeks time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute settlement.
- If the consumer decides not to accept the delivery and relies on the right of withdrawal within 14 days after delivery. Then the consumer can notify Bamboo Import Europe BV by using the model form. This can be found at the bottom of our terms and conditions.
Article 17 - Disputes
- On agreements between Bamboo Import Europe BV and the consumer to which these general terms and conditions apply, only Dutch law applies.
- Under warranty conditions and additional public conditions that are drawn up and listed as reference in the terms and conditions.
Annex I: Model form for withdrawal
(only fill in this form and return it when you want to cancel the agreement)
Model form for cancellation
Bamboo Import Europe BV
Biesland 28, 1948 RJ Beverwijk, Nederland
I state that I want to revoke my agreement regarding
- the sale of the following product: [description product]*
- the delivery of the following digital content: [description digital product]*
- the provision of the following service: [description service]*.
Ordered on*/received on* [date of ordering the service or of receiving the product]
[Signature client] (only when this form is submitted on paper)
* Delete what is not applicable or fill in what is applicable.
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