Terms and conditions
Article 1 – Definitions
In these Conditions/Terms the following definitions are applicable:
- Consideration time: the term during which the consumer can execute the right of withdrawal.
- Day: calendar day
- A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
- Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
- Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
- BUGIA: the corporation who offers distance products to consumers.
- Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
- Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
- Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
Article 2- Relevance
- These general conditions/terms apply to any offer of BUGIA and to every finalized distance agreement between entrepreneur and consumer.
- Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.
- If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
- For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms which are the most favorable for the consumer.
Article 3- Offer
- If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
- The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by BUGIA are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.
- The iimages used by BUGIA are indicative and can not be a reason for withdrawal or rescission of the contract.
- The images of the products are true representations of the offered products. BUGIA can not guarantee that the showen colors are the exact same with the real color of a product.
- Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
o price inclusive taxes
o possible costs of delivery
o the manner in which the agreement has been concluded
o whether to apply the right of withdrawal
o the method of payment, delivery and performance of the contract
o the deadline for accepting the offer or the period within which the entrepreneur guarantees the price
o the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement
o any other languages, including Dutch, for the agreement
o the codes of conduct to which BUGIA is subject and the manner in which the consumer can consult electronically the codes of conduct; and
o the minimum duration of the distance agreement in the event of a length transaction.
Article 4- The Agreement
- The purchase agreement entered by and between BUGIA and the customer, is considered closed and the parties duly contracted at the time the customer order properly passes – in accordance with the on the site mentioned purchase procedure and after BUGIA has received the approval of the credit card provider that the payment is accepted.
- The customer’s order that has been received by BUGIA is only binding if the entire purchase procedure has been followed properly and correctly, without any errors on the site. BUGIA is not responsible for any errors, caused by a technical failure of the Internet connection of the customer.
- By placing an order to BUGIA, the customer acknowledges and confirms that he or she is aware of the instructions in the purchasing process, he or she has accepted them and that he or she fully agrees to the terms hereof.
- BUGIA can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
Article 5- Right of Withdrawal
- After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product.
- During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to BUGIA, in accordance with the provided instructions of BUGIA.
- After the deliverance of services the consumer has the possibility to disband the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement. The customer has to send an email to firstname.lastname@example.org.
- The products has to be send back to BUGIA in 14 days.
Article 6- Withdrawal Costs
- If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
- If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
Article 7- Exclusion Right of Withdrawal
- BUGIA can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if BUGIA has clearly mentioned this at least in time before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for the following products:
- Which are established by the entrepreneur according to specifications of the consumer
- That they are clearly personal in nature
- Which cannot be returned because of their nature
- That can spoil or age quickly
- Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence
- Individual newspapers and magazines
- For audio and video recordings and computer software of which the consumer has broken the seal.
Article 8- Pricing
- The in the offe mentioned prices include VAT.
- During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
- Notwithstanding the previous paragraph BUGIA can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement only if BUGIA has stipulated this and:
- These are the result of legal regulations or provisions; or
- The consumer has the competence to terminate the agreement from the day the price increase takes effect.
Article 9- Conformity and Guarantees
- BUGIA ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.
- A guarantee provided by BUGIA, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against BUGIA.
Article 10- Delivery and Execution
- BUGIA shall observe in utmost care the reception and execution of orders of products.
- The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.
- The delivery deadlines are indicative and can not cause withdrawal or compensation.
- In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 14 days after the termination.
- The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within 14 days. You can send this email to: email@example.com
- Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period referred to article 6, paragraph 1. In case of an agreement to provide a service the cooling off period starts after the consumer has received the confirmation of the agreement.
- The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
- In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
Article 12- Complaints
- BUGIA features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
- Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the BUGIA after the consumer has observed the defects.
- The complaints submitted to BUGIA will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.
Article 13- Disputes
- Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.
Article 14- Additional and Different Provisions
Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.
Article 15- Corporate Identity/Entrepreneur
3012 KM Rotterdam
Chamber of commerce number: 61786233
VAT identification number: NL 063114707 B01