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Bamigo Terms and Conditions
These general terms and conditions of Bamigo.com are in operation as of 1 December 2014.
- 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 – Obligations of the consumer during the withdrawal
- Article 8 – Exercise of the right of withdrawal by the consumer and costs
- Article 9 – Obligations of the trader in the case of withdrawal
- Article 10 – Preclusion from right of withdrawal
- Article 11 – The price
- Article 12 – Conformity and Guarantee
- Article 13 – Supply and implementation
- Article 14 – Extended duration transactions
- Article 15 – Payment
- Article 16 – Complaints procedure
- Article 17 – Disputes
- Article 18 – Additional or different stipulations
Article 1 – Definitions
The following definitions apply in these terms and conditions:
- Withdrawal period: the period within which the consumer can make use of their right of withdrawal;
- Consumer: the natural person whose actions are not on behalf of a profession or business and who enters into a distance contract with the trader;
- Day: calendar day;
- Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
- Durable medium: every means that enables the consumer or trader to store information that is addressed to them in person in a way that facilitates future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
- Trader: Bamigo BV;
- Distance contract: a contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and, up to and including the moment that the contract is concluded; and
- Technique for distance communication: means that can be used for concluding a contract, without the consumer and trader being in the same place at the same time.
Article 2 – Identity of the trader
Bamigo BV, trade name: Bamigo.com
Registered address and visiting address:
- Gasthuisstraat 75A
- 5708HJ Helmond
- The Netherlands
- Mon-Fri: 7.30am - 4.30pm
- E-mail address: [email protected]
- Business number: 60703431
- VAT number: NL854023513B01
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the trader and to every distance contract realised between the trader and the consumer.
- Prior to the conclusion of a distance contract, the text of these general terms and conditions will be 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 are available for inspection at the trader’s premises and that they will be sent to the consumer free of charge, as quickly as possible, at the consumer’s request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at their request, they will be sent to the consumer free of charge, either electronically or in some other way.
- In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to them in the event of incompatible general terms and conditions.
Article 4 – The offer
- If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
- The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
- Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
- the price, including taxes; 21% (Refer to NL Taxes policy)
- any costs of delivery;
- the way in which the contract shall be concluded and which actions this will require;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or implementation of the contract;
- the period for accepting the offer, or the period for adhering to the price;
- the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the basic tariff;
- if a contract is filed subsequent to its conclusion, the way in which this can be accessed by the consumer;
- the way in which the consumer can obtain information about actions they do not wish to undertake before concluding a contract, as well as the way they can rectify these before the contract is concluded;
- the languages in which, in addition to Dutch, the contract can be concluded;
- the behavioural codes to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically; and
- the minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.
Article 5 – The contract
- The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed.
- If the contract is concluded electronically, the trader will take suitable technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
- The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfil their payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then they have a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
- Together with the product or service, the trader will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
- the office address of the trader’s business location where the consumer can lodge complaints;
- the conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal;
- information on existing after-sales service and guarantees;
- the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
- the requirements for terminating the contract, if the duration of the contract exceeds 1 year or is indefinite;
- if the consumer has a right of withdrawal, the model withdrawal form; and
- in the event of an extended transaction, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 – Right of withdrawal
Upon delivery of products:
- When purchasing products, a consumer has the possibility of dissolving the contract, without giving reasons, during a period of 14 days. This period commences on the day after the product was received by – or on behalf of – the consumer.
- During this period the consumer will treat the product and its packaging with care. They will only unpack or use the product as far as necessary in order to be able to assess whether they wish to retain the product. If they wish to exercise their right of withdrawal, then they will return the product to the trader, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the trader.
Upon delivery of services:
- When services are supplied, a consumer has the possibility of dissolving the contract, without giving reasons, during at least 14 days, starting on the day when the contract was concluded.
- In order to make use of their right of withdrawal, the consumer will act in accordance with the reasonable and clear instructions that the trader provided when the offer was made and/or at the latest upon delivery.
Article 7 – Obligations of the consumer during the withdrawal
- During this period the consumer will keep the product inside the original packaging They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guideline is that the consumer should only handle the product and inspect as they would be allowed to do in a shop.
- The consumer is liable for depreciation of the product resulting from a way of dealing with the product beyond that permitted in paragraph 1.
- The consumer is not liable for depreciation of the product if the trader did not provide them the right product or all the information required by law about the right of withdrawal.
Article 8 – Exercise of the right of withdrawal by the consumer and costs
- If the consumer exercises their right of withdrawal, they must do so within the determined period of withdrawal, use the standard withdrawal form (or other unequivocally document) and provide it to the trader.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back, or hand it to (a representative of) the trader. This is not necessary if the trader has offered to collect the product itself. In any case, the product has to be returned before the period has expired.
- The consumer shall return the product with all accessories, if reasonably possible, in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct cost of returning the product. If the trader has not notified the consumer they must bear these costs or if the trader shows that it will bear the costs themselves, the consumer does not have to bear the cost of return.
- If the consumer withdraws after first having explicitly requested that the provision of the service or the supply of gas, water or electricity are not put up for sale in a limited volume or certain quantity starts during the withdrawal period, the consumer is the trader amount payable in proportion to that part of the undertaking that is fulfilled by the operator at the time of withdrawal, compared to the full performance of the obligation.
- The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity, not put up for sale in a limited volume or quantity, or supply of district heating, if:
- the business consumer statutory information about the right of withdrawal, the allowance for revocation or the model withdrawal form has not been supplied; or
- the consumer has not specifically requested the commencement of the execution of the service or supply of gas, water, electricity or district heating during the cooling off period.
- The consumer shall bear no cost for the full or partial delivery of undelivered on a tangible medium digital content if:
- they have not explicitly agreed to begin the fulfillment of the agreement before the end of the waiting period prior to its delivery;
- they have not acknowledged losing their right of withdrawal when giving their consent; or
- the trader has failed to confirm this statement by the consumer.
- Any additional agreements are automatically if the consumer exercises their right of withdrawal.
Article 9 – Obligations of the trader in case of withdrawal
- If the consumer makes a notification of withdrawal electronically, they will immediately receive a receipt of this notification from the trader.
- Unless they can offer to retrieve the product itself waiting to return it until they have received the product or that the consumer can demonstrate that they have returned the product, whichever is the earliest.
- The trader will make the refund to the same payment method that the consumer has provided, unless the consumer asks for a different method.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader will not pay for the additional cost.
Article 10 – Preclusion from right of withdrawal
The trader can only preclude the consumer from having a right of withdrawal if they clearly stated this fact when making the offer, or at least within a reasonable period prior to conclusion of the contract. The operator may exclude the following products and services of the right of withdrawal:
- Products whose price depends on fluctuations in the financial market over which the entrepreneur has no control.
- Agreements concluded at a public auction. Under a public auction means a method of sale where offered by the trader to the consumer who is present in person or given the opportunity to personally present at the auction, led by an auctioneer, products, digital content and/or services and where the successful bidder is bound to the products, digital content and/or services from.
- Service contracts, after the completion of the service, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer stated that they lose their right of withdrawal once the trader has fully performed the contract.
Article 11 – The price
- During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT tariffs.
- Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
- Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
- Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and:
- they are the result of statutory regulations or stipulations; or
- the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
- Prices stated in offers of products or services include VAT.
Article 12 – Conformity and Guarantee
- The trader guarantees that the products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded.
- A guarantee arrangement offered by the trader, manufacturer or importer does not affect the rights and claims that a consumer can enforce on the grounds of the law and/or the distance contract in relation to a failure on the part of the trader to keep to their obligations vis-à-vis the consumer.
Article 13 – Supply and implementation
- The trader 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 deemed to be the address that the consumer makes known to the trader.
- Taking into consideration that which is stated in article 4 of these general terms and conditions, the trader will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or implemented only partially, the consumer will be informed about this at the latest 1 month after the order was placed. In this case, the consumer has a right to dissolve the contract, free of charge, and a right to possible damages.
- In the case of dissolution in accordance with the previous paragraph, the trader will refund the consumer with the balance paid as quickly as possible, though at the latest within 30 days after that dissolution.
- Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to the trader.
- The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer, unless this has explicitly been agreed otherwise.
Article 14 – Extended duration transactions
- A consumer has the right at all times to terminate a contract that has been concluded for an indefinite period of time, taking into consideration the applicable termination rules and a termination period of at most 1 month.
- The maximum validity of a contract concluded for an indefinite period of time is 2 years. In the event that the contract has been made that the distance contract will be automatically extended, then the contract will be continued for an indefinite period of time and the maximum period of notice after continuation of the contract will be 1 month.
Article 15 – Payment
- As far as no later date has been agreed, sums payable by the consumer should be paid within 14 days after the goods have been delivered, or – in the case of a contract to provide a service – within 14 days after the documents relating to this contract were issued.
- Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
- The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
- In the event of non-payment on the part of the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.
Article 16 – Complaints procedure
- The trader offers provision for a complaints procedure, which has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
- Complaints about exercising the contract must be submitted to the trader without delay, in their entirety and be clearly defined, after the consumer has identified an issue.
- A reply to any complaint submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
- If the complaint cannot be solved in joint consultation, then it becomes a dispute that is subject to the disputes settlement scheme.
Article 17 – Disputes
Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
Article 18 – Additional or different stipulations
Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.