Terms of service

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Continuous performance contracts: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Withdrawal period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and who enters into a distance contract with the trader;

Day: calendar day;

Continuous performance transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any instrument that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the withdrawal period;

Model form: the model withdrawal form provided by the trader that a consumer can complete when they wish to exercise their right of withdrawal.

Trader: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded within the framework of a system organized by the trader for the distance sale of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;

Means of distance communication: means that can be used to conclude a contract without the consumer and trader being physically present in the same location at the same time.

Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 - Identity of the trader

Bodo Design B.V.
Trompenburgstraat 5, 6412 ZH, Heerlen, The Netherlands

T +31 85 020 3602
E info@bododesign.nl
KVK (Chamber of Commerce) 94637911
VAT NL866844752B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions can be viewed at the trader's premises, and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be viewed electronically, and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are, at any time, wholly or partially null and void or are annulled, the contract and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced without delay, by mutual agreement, by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The trader is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
any delivery costs;
the manner in which the contract will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period within which the trader guarantees the price;
the level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract will be archived after it is concluded, and if so, how the consumer can access it;
the manner in which the consumer, before concluding the contract, can check and, if desired, correct the details they have provided under the contract;
any other languages, in addition to Dutch, in which the contract can be concluded;
the codes of conduct to which the trader has subscribed, and the manner in which the consumer can view these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuous performance transaction.

Article 5 - The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and satisfies the associated conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, the trader will observe appropriate security measures in this regard.
Within the limits of the law, the trader may inform themselves as to whether the consumer can meet their payment obligations, as well as of all those facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this inquiry, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.
The trader will send the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the trader's business establishment where the consumer can address complaints;

b. the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;

c. information about guarantees and existing after-sales service;

d. the information included in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer prior to performance of the contract;

e. the requirements for terminating the contract if the contract has a duration of more than one year, or is of indefinite duration.

In the case of a continuous performance transaction, the provision in the previous paragraph only applies to the first delivery.
Every contract is entered into subject to the condition precedent of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This withdrawal period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
During the withdrawal period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days of receiving the product. The consumer must give this notice using the model form or by another means of communication, such as email. After the consumer has notified their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not indicated a wish to exercise their right of withdrawal, or has not returned the product to the trader, the sale is final.

Upon delivery of services:

When services are provided, the consumer has the option to dissolve the contract without giving reasons for at least 14 days, starting on the day the contract is entered into.
In order to exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, they will bear, at most, the costs of return shipping.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days of the withdrawal. This is subject to the condition that the product has already been received back by the webshop, or conclusive proof of complete return shipment can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in the value of the product.
The consumer cannot be held liable for a reduction in the value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:

a. that have been produced by the trader according to consumer specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal;
h. for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

a. relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which has begun with the consumer's express consent before the withdrawal period has expired;
c. relating to bets and lotteries.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependency on fluctuations, and the fact that any prices stated are target prices, will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

a. they result from statutory regulations or provisions; or
b. the consumer has the authority to cancel the contract as of the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of discovery of the defect.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

a. the consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
b. the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly, or are treated contrary to the trader's instructions and/or the instructions on the packaging;
c. the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The trader will exercise the greatest possible care when receiving and executing orders for products, and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract at no cost. The consumer is not entitled to any compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of the dissolution.
If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Continuous performance contracts: duration, termination and renewal

Termination

The consumer may terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may, with regard to the contracts referred to in the previous paragraphs:

a. terminate them at any time and not be limited to termination at a specific time or during a specific period;
b. terminate them, at least, in the same manner in which they were entered into;
c. always terminate them with the same notice period as the trader has stipulated for themselves.

Renewal

A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, a contract entered into for a definite period that extends to the regular delivery of daily newspapers, news and weekly publications and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.
A contract entered into for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is entitled to terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in the event that the contract extends to the regular, but less than monthly, delivery of daily newspapers, news and weekly publications and magazines.
A contract with a limited duration for the regular introductory delivery of daily newspapers, news and weekly publications and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days of the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer has a duty to report inaccuracies in the payment details provided or stated to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge reasonable costs previously made known to the consumer.

Article 14 - Complaints procedure

The trader has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 2 months of the consumer discovering the defects.
Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the case of complaints, a consumer should first contact the trader. If the webshop is affiliated with the WebwinkelKeur quality mark, and if complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this webshop has active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution has been reached, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by WebwinkelKeur; the ruling of this committee is binding, and both the trader and the consumer agree to this binding ruling. Costs are involved in submitting a dispute to this dispute resolution committee, which must be paid by the consumer to the committee in question. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at their discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law exclusively applies to contracts between the trader and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.
The Vienna Sales Convention (CISG) does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer, and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.