Article 1: Definitions
Blue LOOP Originals: the user of these terms and conditions and all enterprises and organisations affiliated in any way with Blue LOOP Originals
Consumer: the buyer who does not act in the performance of his/her profession or company and who enters into an agreement with Blue LOOP Originals
Distance contract: the agreement in which the consumer enters into a purchase agreement through Blue LOOP Originals's website regarding a product offered by Blue LOOP Originals on this website.
Article 2: Applicability and Validity
These general terms and conditions apply to all distance contracts in which Blue LOOP Originals acts as a seller.
Deviations of and additions to existing contracts or these general terms and conditions are only valid if and insofar as they have been confirmed by Blue LOOP Originals explicitly and in writing.
If one or more provisions in these general terms and conditions are null and void completely or partially at any time or should they be terminated, then the remaining provisions in these general terms and conditions remain fully applicable.
Article 3: Blue LOOP Originals's Identity
Name: Blue LOOP Originals
Legal entity: private limited company
Head office and visiting address: Klavermaten 37c, 7472 DD Goor (municipality Hof van Twente)
E-mail address: [email protected]
Telephone: +31 (0)547-352727
Fax: +31 (0)547-352777
Chamber of Commerce: 06082541
VAT number: NL809692442B01
Article 4: Offers
All offers, tenders and price indications made by Blue LOOP Originals are completely non-committal.
Article 5: Formation of Agreements
The agreement enters into effect the moment the consumer accepts the offer and meets the conditions set in the offer.
Blue LOOP Originals is authorised to be informed on to what extent the consumer can meet his/her payment obligations as well as of all the facts and factors that are important for entering into the agreement responsibly. If on the basis of this research, Blue LOOP Originals has found good grounds to not enter into the agreement, they are authorised to, with a motivation, reject an order or request or attach special conditions to the execution thereof.
Every agreement is entered into on the suspensive condition of sufficient availability of the products in question.
Article 6: Delivery
Indicated delivery terms will never be considered to be fatal terms unless explicitly agreed upon otherwise. In case of a late delivery, Blue LOOP Originals must be sent a notice of default in writing.
The product to be delivered by Blue LOOP Originals must meet the agreement and the specifications of the specific good as indicated by Blue LOOP Originals
Article 7: Right of Withdrawal
If a consumer terminates a distance contract for a product within the statutory cooling-off period of 14 days, then this consumer must use the template form for termination/withdrawal attached to these general terms and conditions. This form must have subsequently been received by Blue LOOP Originals within three (3) days.
For a termination in accordance with paragraph 1, Blue LOOP Originals is permitted to request from the consumer the reason for withdrawal.
The cooling-off period stated in paragraph 1 enters into effect on the day after the product has been received by or on behalf of the consumer.
During the cooling-off period stated in paragraph 1, the consumer will handle the product and the packaging carefully. He/she will only unpack or use the product in such a way as is necessary for assessing whether he/she wishes to keep the product. The basic principle is that the consumer can only use the products and inspect it as he/she would be permitted to do in a store.
The consumer is liable for value depreciation of the product that is the result of a manner in which is it handled exceeding what is permitted under paragraph 7.4.
After the notice in accordance with paragraph 1, the consumer must ship back the product including all corresponding materials, such as labels, cards, etc. immediately and no later than within 14 days after sending the statement of termination. The costs of the return shipment are to be paid by the consumer. The risk and burden of proof for the correct and timely execution of the right of withdrawal lie with the consumer.
If the consumer paid a sum, Blue LOOP Originals will pay back this sum to the consumer as soon as possible and no later than within 14 days after receiving the statement of termination if Blue LOOP Originals has already received the goods or if the consumer has given proof of having returned the goods.
Article 8: Price and Payment
The prices are in Euro and include VAT unless stated otherwise.
Blue LOOP Originals is authorised to charge on a price increase of cost price determining factors that are permitted on the basis of statutory regulations or provisions and that have formed within three months after the formation of the agreement, but before delivery to the consumer.
In so far stipulated otherwise in the agreement or addition conditions, payment must be made immediately and no later than within eight days after entering into the agreement.
The consumer is obligated to notify Blue LOOP Originals of errors in the provided or stated payment details.
Blue LOOP Originals is authorised to demand security from the consumer for meeting the payment obligations before delivery or before continuing the delivery or order.
The total sum of the remainder of the payment is claimable immediately if the consumer applies for suspension of payment or bankruptcy, if the consumer's goods are seized, if the consumer is put under curatorship or administration, if the consumer passes away or if his/her company has been shut down or liquidated or is being dissolved, and if the consumer is behind on any payment.
The payments made by the consumer first serve to pay any interest and costs owed to Blue LOOP Originals Subsequently, it serves to pay the oldest unpaid invoices even if the consumer states that the payment serves to pay a later invoice.
All collection costs for the sums owed by the consumer are to be paid by the consumer, the costs of which are set at 15% of the unpaid sums with a minimum of € 250.
Article 9: Objections
The consumer must inform Blue LOOP Originals of complaints regarding the delivered matters in writing as soon as possible and no later than within seven days after delivery. Issuing a complaint does not release the consumer of his/her payment obligation.
If an investigation shows that a complaint is invalid, then the costs including the costs of that investigation incurred by Blue LOOP Originals are to be paid fully by the consumer.
The consumer's right to object expires if he/she edited the goods, has had them edited or redelivered them to a third party.
Article 10: Force Majeure
Force majeure is defined as: any circumstances or reasonably unforeseen circumstance outside of Blue LOOP Originals's direct influence that temporarily or definitely prevent Blue LOOP Originals's compliance with their obligations. Such circumstances are, among others: limiting government measures, mobilisation, war, danger of war, revolution, strike, seizure, attachment, special weather conditions, lack of transportation or full or partial default of third parties whose services are used.
In case of force majeure, Blue LOOP Originals has the right to either suspend compliance with their obligations towards the consumer, or partially or fully terminating the agreement without judicial intervention and without being liable for payment of compensation, at Blue LOOP Originals's choice.
Article 11: Risk and Retention of Title
Blue LOOP Originals retains ownership of all goods delivered to the consumer until the purchase price of all these goods has been paid.
As long as ownership has not been transferred to the consumer, the consumer is not permitted to pledge the goods or to grant any third party any rights to the goods and he/she is obliged to report to Blue LOOP Originals any event that harms or could harm Blue LOOP Originals's interests as the owner of these goods. Blue LOOP Originals is not obliged to indemnify the consumer in any way against their liability as the holder of the goods. On
the other hand, the consumer indemnifies Blue LOOP Originals against claims by third parties against Blue LOOP Originals with respect to the retention of title.
Article 12: Guarantee
Guarantee is only granted by Blue LOOP Originals if it has been agreed upon explicitly in writing.
Article 13: Liability
Blue LOOP Originals's liability is limited to what has been stipulated in this article.
Blue LOOP Originals is only liable for damage incurred by the consumer as a result of shortcoming, unlawful act or otherwise if the damage is the direct and sole result of gross negligence on the part of Blue LOOP Originals
In case Blue LOOP Originals is liable for compensation towards the consumer, the liability is limited to twice the sum of the invoice reduced by the applicable turnover tax of the delivery in question and with a maximum of € 2,500.
In any case, Blue LOOP Originals's liability is always limited to the sum the insurance pays out in such a case.
Blue LOOP Originals is in no way liable for damage due to exceeding terms, nor for consequential damage or indirect damage including damage due to lost profits or lost savings.
Blue LOOP Originals is also not liable for damage that forms or formed during or after the consumer has modified the goods delivered by Blue LOOP Originals or had them modified, delivered them or made available to third parties or commissioned or had commissioned the goods.
The consumer indemnifies Blue LOOP Originals against all third-party claims. The consumer will never be able to make personnel of Blue LOOP Originals, third parties employed by Blue LOOP Originals or personnel of these third parties liable.
Article 14: Intellectual Property Rights
The consumer with respect to Blue LOOP Originals ensures that none of their intellectual or industrial property rights and/or of third parties will be breached and indemnifies Blue LOOP Originals against all claims resulting from this.
Article 15: Suspension and Termination
If before the time of delivery to Blue LOOP Originals it turns out that the consumer does not have creditability, if the consumer does not or does not sufficiently meet any obligation to Blue LOOP Originals or does not do so in a timely fashion, if the consumer is in a state of bankruptcy or has issued a request for bankruptcy with the Court, if the consumer has requested suspension of payment or if this has been granted to the consumer, if the Debt Management (Natural Persons) Act is declared applicable, if the consumer's company is shut down or being liquidated, if the consumer's goods are being seizer or if the consumer is placed under curatorship or administration, then Blue LOOP Originals has the right to suspend compliance with all their obligations towards the consumer or to fully or partially terminate the agreements with the consumer without any notice of default or judicial intervention and without being liable for compensation notwithstanding Blue LOOP Originals's other rights in such a case.
Article 16: Disputes and Applicable Law
All agreements are exclusively governed by Dutch law.
All disputes between parties will first be presented before the competent court of the Court of Overijssel, the Netherlands with the exception of Blue LOOP Originals's authority to have the dispute settled by means of arbitrage or binding recommendation.