Terms and conditions webshop
These are our General Terms and Conditions. These General Terms and
Conditions always apply when you use our Website or place an order
through our Website, and they contain important information for you as
a buyer. Please read them carefully. We also recommend that you save
or print these General Terms and Conditions so that you can consult
them at a later time.
Article 1. Definitions
: based in Amsterdam and registered with the Chamber of Commerce under
file number 33241949, trading as Bluelink B.V..
: the Website of Bluelink B.V., to be found on www.bluelink.nl and all
of its subdomains.
: the natural person or corporation who enters into an agreement with
Bluelink B.V. and/or is registered on the Website.
: any arrangement or agreement between Bluelink B.V. and Customer of
which the General Terms and Conditions are an integral part.
General Terms and Conditions
: these General Terms and Conditions.
Article 2. Applicability of the General Terms and
2.1. The General Terms and Conditions apply to all offers, agreements
and deliveries of Bluelink B.V., unless explicitly agreed otherwise in
2.2. If Customer in his order, confirmation or any other communication
alleging acceptance of the General Terms and Provisions includes any
provisions that differ from, or are not included in the General Terms
and Conditions, such provisions will only be binding upon Bluelink
B.V. if and in so far as Bluelink B.V. has accepted them in writing.
2.3. In cases where specific product or service-related terms and
conditions apply in addition to these general terms and conditions,
Customer can always invoke the applicable condition that is most
favorable to him in the event of incompatible general terms and
Article 3. Prices and information
3.1. All prices posted on the Website and in other materials
originating from Bluelink B.V. exclusive taxes and other levies
imposed by the government, unless stated otherwise on the website.
If shipping costs are charged, these will be clearly stated in good
time before the contract is concluded. These costs will also be
displayed separately in the ordering process.
3.2. The content of the Website is composed with the greatest care.
Bluelink B.V. cannot, however, guarantee that all information on the
Website is correct and complete at all times. All prices and other
information posted on the Website and in other materials originating
from Bluelink B.V. are subject to obvious programming and typing
Article 4. Conclusion of the Agreement
4.1. The Agreement will be deemed to be concluded at the moment
Customer accepts the offer of Bluelink B.V. subject to the conditions
laid down by Bluelink B.V..
4.2. If Customer has accepted the offer by electronic means, Bluelink
B.V. will confirm receipt of acceptance of the offer by electronic
means without delay. Until such receipt of acceptance is confirmed,
Customer will have the possibility to terminate the Agreement.
4.3. If it is found that, in accepting or otherwise entering into the
Agreement, Customerhas provided incorrect data, Bluelink B.V. will
have the right to postpone the Agreement until the correct data is
Article 5. Registration
5.1. To make optimal use of the Website, Consumer can register using
the account sign-in option on the Website.
5.2. During the registration process, Consumer will be asked to choose
a user name and password with which he can log on to the Website.
Consumer alone is responsible for choosing a sufficiently reliable
5.3. Consumer must keep its login credentials, user name and password
strictly confidential. Bluelink B.V. cannot be held liable for any
misuse of the login credentials and is always entitled to assume that
Consumer who logs on to the Website is the party that it professes to
be. Consumer is responsible for and bears the full risk of any and all
actions and transactions performed via Consumer’s account.
5.4. If Consumer knows or has reason to suspect that its login details
have become available to unauthorised parties, it will be required to
change its password as soon as possible and/or to notify Bluelink B.V.
accordingly so as to allow Bluelink B.V. to take appropriate measures.
Article 6. Execution of the Agreement
6.1. As soon as Bluelink B.V. has received the order, it will send the
products to Consumer without delay and with due regard for the
provisions of paragraph 3 of this article.
6.2. Bluelink B.V. is authorised to engage third parties in the
fulfilment of its obligations under the Agreement.
6.3. Well ahead of the date on which the Agreement is signed,
information will be posted on the Website which clearly describes the
manner in which and the term within which the products will be
6.4. If Bluelink B.V. is unable to deliver the products within the
agreed term, it will notify Consumer accordingly. In that case
Consumer can decide either to agree to a new delivery date or to
terminate the Agreement without incurring any costs.
6.5. Bluelink B.V. advises Consumer to inspect the products upon
delivery and to report any defects within an appropriate period,
preferably in writing or by email. For further details, see the
article about guarantee and conformity.
6.6. The risks associated with the products will transfer to Consumer
as soon as the products are delivered at the agreed delivery address.
Article 7. Right of withdrawal/return
7.1. This article only applies if Consumer is a natural person who is
not acting in his or her professional or commercial capacity. Business
Consumers therefore have no right of withdrawal.
7.2. Consumer will have the right to dissolve the distance Agreement
with Bluelink B.V. within 14 days after receiving the product, free of
charge and without stating reasons.
7.3. The term commences on the day after the product was received by
the consumer, or a third party designated by the consumer, who is not
the transporting party, or:
if the delivery of a product involves different deliveries or parts:
the day on which Consumer, or a third party designated by Consumer,
received the last delivery or the last part;
with contracts for the regular delivery of products during a given
period: the day on which Consumer, or a third party designated by
Consumer, received the last product;
if Consumer has ordered several products: the day on which Consumer,
or a third party designated by Consumer, received the last product.
7.4. Only the direct costs incurred for the return shipment are for
Consumer’s account. This means that Consumer will have to pay the
costs of returning the product. Any shipping costs paid by Consumer
and the purchase price paid for the product will be refunded to
Consumer if the entire order is returned.
7.5. During the withdrawal period referred to in paragraph 2, Consumer
will treat the product and its packaging with the utmost care.
Consumer may not open the packaging or use the product unless this is
necessary in order to determine the nature of the products, their
features and their operation.
7.6. Consumer is only liable for the product’s devaluation that is a
consequence of his handling the product other than as permitted.
7.7. Consumer can terminate the Agreement in accordance with paragraph
2 of this article by reporting the withdrawal (digital or in other
form) to Bluelink B.V., within the withdrawal period, by means of the
model form for right of withdrawal or in some other unequivocal way.
If Bluelink B.V. makes it possible for Consumer to declare his
withdrawal via electronic/digital means, then after receiving such a
declaration, Bluelink B.V. sends immediate confirmation of receipt.
7.8. As quickly as possible, but no later than 14 days after the day
of reporting as referred to in paragraph 2, Consumer shall return the
product, or hand it over to (a representative of) Bluelink B.V..
Consumer must, in this case, include a written notice of withdrawal,
such as the model form.
Products can be returned to the following address:
1046 AS, Amsterdam
7.9. Any amounts already paid by Consumer (in advance) will be
refunded to Consumer as soon as possible, and in any case within 14
days after dissolution of the Agreement. If Consumer chose an
expensive method of delivery in preference to the cheapest standard
delivery, Bluelink B.V. does not have to refund the additional costs
of the more expensive method. Except in cases in which Bluelink B.V.
has offered to retrieve the product himself, he can postpone refunding
until he has received the product or until Consumer proves he has
returned the product, depending on which occurs earlier.
Article 8. Payment
8.1. Customer shall pay the amounts due to Bluelink B.V. in accordance
with the ordering procedure and any payment methods indicated on the
Website. Bluelink B.V. is free to offer any payment method of its
choice and may change these methods at any time. In cases of payment
after delivery Customer will be given a term of payment of 14 days
entering on the day after delivery.
Article 9. Warranty and conformity
9.1. This article only applies if Consumer is a natural person who is
not acting in his or her professional or commercial capacity. If
Bluelink B.V. gives a separate warranty on the products then, without
prejudice to the aforesaid, this applies to all types of Consumers.
9.2. Bluelink B.V. guarantees that the products are in conformity with
the Agreement, the specifications stated in the offer, the reasonable
requirements of reliability and/or usability and with the existing
statutory provisions and/or government regulations that are in force
from the date of entering into the Agreement. If specifically agreed,
Bluelink B.V. also guarantees that the product is suitable for other
than normal use.
9.3. If the delivered product is not in conformity with the Agreement,
Consumer must inform Bluelink B.V. within a reasonable period of time
after he has discovered the defect.
9.4. If Bluelink B.V. deems the complaint to be correct, the faulty
product(s) will be repaired, replaced or refunded in consultation with
Consumer. The maximum amount of compensation is, having regard to the
Article on liability, equal to the price paid by Consumer for the
Artikel 10. Warranty on business purchases
10.1. Bluelink B.V. guarantees that the products are in conformity
with the Agreement, the specifications stated in the offer, the
reasonable requirements of reliability and/or usability and with the
existing statutory provisions and/or government regulations that are
in force from the date of entering into the Agreement. If specifically
agreed, Bluelink B.V. also guarantees that the product is suitable for
other than normal use. Otherwise, it applies that the product is
suitable for normal use.
10.2. If the delivered product is not in conformity with the
Agreement, Customer must inform Bluelink B.V. within a reasonable
period of time after he has discovered the defect.
10.3. If Bluelink B.V. deems the complaint to be correct, the faulty
product(s) will be repaired, replaced or (partially) refunded in
consultation with the Customer.
Article 11. Complaints handling procedure
11.1. If Customer has any grievances in connection with a product (in
accordance with the article on warranties and conformity) and/or about
other aspects of Bluelink B.V.’s service, it can submit a complaint by
telephone, by email or by post. See the contact details at the bottom
of the General Terms and Conditions.
11.2. Bluelink B.V. will respond to the complaint as soon as possible,
and in any case within 5 days after having received it. If it is not
yet possible for Bluelink B.V. to formulate a substantive reaction to
the complaint by that time, Bluelink B.V. will confirm receipt of the
complaint within 5 days after having received it and give an
indication of the term within which it expects to be able to give a
substantive or definitive reaction to Customer’s complaint.
Article 12. Liability
12.1. This Article only applies if Consumer is a natural person or a
legal entity who is acting in a professional or commercial capacity.
12.2. The total liability of Bluelink B.V. in respect of Consumer due
to an attributable failure to perform the Agreement is limited to
compensation not exceeding the price stipulated for that particular
Agreement (including VAT).
12.3. The liability of Bluelink B.V. in respect of Consumer for
indirect damage or loss, which in any case includes – but is
explicitly not limited to – consequential damage, lost profit, lost
savings, loss of data and damage due to business interruption, is
12.4. Aside from the cases referred to in the two previous paragraphs
of this Article, Bluelink B.V. is not subject to any liability at all
in respect of Consumer for damages, irrespective of the ground on
which the action for damages is based. The restrictions set out in
this Article, will, however, cease to apply if and insofar as the
damage or loss is the result of an intentional act or gross negligence
on the part of Bluelink B.V..
12.5. Bluelink B.V. will only be liable to Consumer on account of an
attributable failure in the performance of an agreement if Consumer
issues a proper notice of default to Bluelink B.V. without delay
stipulating a reasonable period of time in which to remedy the
failure, and Bluelink B.V. also continues to fail to perform its
obligations after that period. The notice of default must contain a
description of the failure in as much detail as possible to enable
Bluelink B.V. to provide an adequate response.
12.6. Any event giving right to compensation is always subject to the
condition that Consumer reports the damage or loss in writing to
Bluelink B.V. as soon as possible, but no later than within 30 days
after the damage or loss has arisen.
12.7. In the event of force majeure Bluelink B.V. is not liable to pay
compensation for any damage or loss Consumer has incurred as a result.
Article 13. Retention of title
13.1. As long as Business Consumer has not made any full payment on
the total amount agreed Bluelink B.V. will retain ownership of all the
goods delivered (including possible debt collection costs and
13.2. Before the transfer of ownership, Business Consumer is not
authorized to, other than corresponding to his normal company and
normal destination of the goods, sell, deliver or any other way of
misappropriation. Furthermore, Business Consumer is not allowed to
pawn the goods or to give any rights regarding the goods to third
parties as long as the transfer of ownership has not been completed.
13.3. Business Consumer is obliged to keep any goods that are
delivered under reservation of ownership with care and recognizable as
property of Bluelink B.V..
13.4. Bluelink B.V. is entitled to withdraw any goods delivered under
reservation of ownership and in the possession of Business Consumer,
if Business Consumer has neglected to pay the invoices or has been
confronted with payment difficulties.
13.5. Business Consumer shall give Bluelink B.V. access to his goods
at any time to inspect and/or to exercise the rights of Bluelink B.V.
Article 14. Personal details
14.1. Bluelink B.V. will process the Consumer’s personal details in
accordance with the privacy statement published on the Website.
Article 15. Final provisions
15.1. This agreement is governed by the laws of the country of
establisment of the webshop.
15.2. Insofar as not dictated otherwise by mandatory law, any disputes
ensuing from the Agreement will be submitted to the competent Dutch
court in the district where Bluelink B.V. has its registered office.
15.3. If any provision set out in these General Terms and Conditions
should prove to be void, this will not affect the validity of the
General Terms and Conditions as a whole. In that case, the Parties
will lay down one or more new provisions in replacement which will
reflect the original provision as much as is possible under the law.
15.4. The term ‘written’ in these General Terms and Conditions also
refers to communication by email and fax, provided that the sender’s
identity and the integrity of the email message have been sufficiently
Should you have any questions, complaints or comments after reading
these General Terms and Conditions, please contact us by email or
1046 AS, Amsterdam
Chamber of Commerce 33241949