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GENERAL CONDITIONS – JOH. BOOMSMA, BREDA

1. Applicability

• 1.1. These General Conditions apply to all offers issued by Boomsma and to all agreements entered into by Boomsma with a consumer or other party.
• 1.2. The General Conditions can be accessed by anyone on Boomsma’s internet site.
• 1.3. Boomsma will send the General Conditions on request.
• 1.4. By placing an order via the internet site, by placing an order with Boomsma following a previous order or by placing an order in any other way a party recognises having taken note of and agrees to the contents and applicability of Boomsma’s General Conditions.
• 1.5. Boomsma expressly rejects general conditions of other parties.

2. Definitions
In these General Conditions the following definitions apply:

• 2.1. Boomsma: the proprietorship “Joh. Boomsma”, registered at Nieuwe Boschstraat 44, 4811 CZ Breda, info@boomsma.nl, Chamber of Commerce number 88882403 , VAT number NL004669689B62, being the company that uses these General Conditions.
• 2.2. The consumer: Boomsma’s other party as referred to in the Distance Selling Act [Wet Koop op Afstand], being a natural person not acting in a professional or commercial capacity.
• 2.3. The other party: Boomsma’s counterparty other than as referred to in the Distance Selling Act, such as private persons with whom an agreement has been entered into other than as referred to in the Distance Selling Act, and entrepreneurs, institutions and associations.
• 2.4. The Distance Selling Act [Wet Koop op Afstand]: the Act applying to agreements entered into between a consumer and an entrepreneur without any personal contact with a consumer.

3. Offer

• 3.1. Prices and rates are stated in euros and include turnover tax.
• 3.2. Prices stated exclude postage and shipping costs.
• 3.3. All prices are stated subject to printer’s, typesetting and clerical errors for which Boomsma is not liable.
• 3.4. A minimum order amount of € 17,50 applies to all orders, excluding orders that will be collected in Breda.
• 3.5. By placing an order a party enters into an agreement that results in a payment obligation.
• 3.6. Boomsma’s offer is given without obligation. Boomsma has the right to revoke the offer within seven days after receipt of an order. The offer does not apply to repeat orders.
• 3.7. Delivery periods stated by Boomsma are indicative and no rights can be derived from them.
• 3.8. All illustrations, photos, drawings, details in respect of sizes and colours are approximations only and purely indicative. They cannot constitute grounds for compensation or dissolution of an agreement.
• 3.9. By their very nature, items supplied by Boomsma, such as products made of or including leather, usually contain properties specific to the item, such as grain, structure, colour, tint, thickness, markings and the like on and in the items. Ordering such items constitutes acceptance of their properties.

4. Establishment of the agreement

• 4.1. The agreement with a consumer is established by an order being placed via Boomsma’s internet site or in another manner referred to in the Distance Selling Act [Wet Koop op Afstand].
• 4.2. The agreement with another party is established in a manner other than as set out in the Distance Selling Act or when the party placing the order is not a consumer.

5. Agreements with consumers

• 5.1. The consumer has the right to dissolve the agreement within 14 days after delivery of the item without having to state any reasons.
• 5.2. This right of the consumer to dissolve the agreement without stating reasons does not apply if:
  • the item has been made in accordance with the consumer’s specifications, such as customised work involving, for instance, die or other cutting or the supply of items following sampling;
  • the item has a personal character;
  • the item cannot be sent back for hygienic or health reasons;
  • the seal of the item has been broken;
  • the best-before or sell-by date of the item expires within the 14-day period;
  • the item has been used for a purpose other than solely assessing the item.
• 5.3. The consumer may use the model form on Boomsma’s internet site to dissolve the agreement.
• 5.4. When dissolving the agreement the consumer must return the item to Boomsma in its original packaging, unused, undamaged and in new condition, together with all accessories and documentation, within fourteen days after the dissolution.
• 5.5. The costs of returning the item will be borne by the consumer.
• 5.6. The risk of returning the item is for the consumer.
• 5.7. Within 14 days after the notification of dissolution Boomsma will refund the purchase price and postage or shipping costs that Boomsma charged to the consumer for supplying the item. Boomsma is entitled to suspend this repayment obligation until it receives the item in accordance with the provisions of paragraph 3.
• 5.8. The maximum period for supplying an item to a consumer is thirty days from the date of the order.
• 5.9. The warranty against a defect to the item expires two years after the item has been supplied to the consumer.
• 5.10. The warranty does not apply to a defect resulting from insufficient maintenance, from changes made to the item supplied, from work done on the item by parties other than Boomsma, from normal wear and tear, or from extraordinary or careless use.
• 5.11. In order to be able to claim under a warranty the consumer must:
  • immediately give written notification of the defect;
  • convincingly demonstrate that the defect was caused by a defect in the item supplied;
  • cooperate fully in enabling Boomsma to resolve the defect within a reasonable period.

6. Warranty, conformity and liability

• 6.1. Boomsma warrants that the item supplied is in conformity with the agreement, the specifications stated in the offer, reasonable requirements of sound condition and usefulness and legal regulations applicable at the time of the agreement being established.
• 6.2. Boomsma is not liable if and insofar as it is unable or late in fulfilling an agreement through force majeure.

 
7. Retention of title

• 7.1. Boomsma remains the owner of all items, goods and data until the consumer or the other party fulfils all payment obligations, including any amounts that the consumer or the other party may owe as a result of failure to fulfil obligations.
• 7.2. Items to which Boomsma retains title may not be sold, lent out, transferred, pledged or otherwise encumbered until all payment obligations to Boomsma have been fulfilled.

8. Data management

• 8.1. Boomsma registers all customer orders and data in a customer database.
• 8.2. Boomsma observes the Data Protection Act [Wet persoonsregistraties]. Boomsma respects the privacy of visitors to the internet site and customers as far as possible. Boomsma does not provide data from its customer base to third parties.
• 8.3. Boomsma uses mailing lists in which customers are registered only if they give consent and from which they can deregister at any time.

9. Intellectual property

• 9.1. It is expressly forbidden, except with Boomsma’s explicit consent, to reproduce, publish, copy or use any works or processes of Boomsma, including any photos, texts, drawings, models, designs and other intellectual products.

10. Applicable law and competent court

• 10.1. Dutch law applies and the Dutch courts are competent in all matters in which Boomsma is a party, unless other law applies or another court is competent on account of mandatory law provisions. The Vienna Sales Convention does not apply.