Terms & Conditions

Article 1 - Definitions
In these conditions, the following terms shall have the following meanings: Cooling-off period: the period during which the consumer may exercise the right of withdrawal Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; Duration 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 means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information. Right of withdrawal: the consumer's option not to proceed with the distance contract within the cooling-off period; Model withdrawal form: the model withdrawal form provided by the entrepreneur that the consumer can fill in when he wishes to exercise his right of withdrawal. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication; Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
BÖLKIE Schmeets & Debets V.O.F.
Valkenburgerweg 54 6367 GW Voerendaal The Netherlands
Email: yourfriends@blkie.com Phone: 0031 6 81235220 Chamber of Commerce (KVK): 90486226
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur 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, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or in another way at the request of the consumer. In addition to these general terms and conditions, specific product or service conditions may apply to certain products or services. If there are conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him. If one or more provisions in these general terms and conditions are at any time wholly or partially void or are destroyed, the agreement and these terms and conditions will remain in force and the relevant provision will be replaced in mutual consultation as soon as possible.
Situations not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our conditions must be explained "in the spirit" of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur 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 entrepreneur. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
The price includes taxes; The possible costs of shipping; The way in which the agreement will be concluded and which actions are necessary for this; Whether or not the right of withdrawal applies; The method of payment, delivery, and performance of the agreement; The period for accepting the offer, or the period within which the entrepreneur guarantees the price; The rate for remote communication if the costs of using the technique for remote communication are calculated on a different basis than the regular basic rate for the used communication medium Whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer The way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it The possible languages ​​in which, in addition to Dutch, the agreement can be concluded The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically The minimum duration of the distance agreement in the case of a duration transaction
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this. Within the framework of the law, the entrepreneur can inquire whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the entrepreneur's establishment where the consumer can go with complaints; the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; information about guarantees and existing after-sales service; the information referred to in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement; the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
With the delivery of products: With the purchase of products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a pre-designated and to the entrepreneur known representative. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he wishes to exercise his right of withdrawal, he will return the product to the entrepreneur within 14 days, along with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. When the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receiving the product. The consumer must do this using the model withdrawal form or by another means of communication such as by email. After the consumer has made it known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment. If the customer has not made it known after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of return will be at most for his account. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received by the online store or that conclusive proof of complete return can be provided. Repayment will be made via the same payment method used by the consumer, unless the consumer explicitly gives permission for another payment method. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement. This must be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can 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 entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications; that are clearly personal in nature; that cannot be returned due to their nature; that can spoil or age quickly; whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; for loose newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal; for hygienic products of which the consumer has broken the seal.
Article 9 - The price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This binding to fluctuations and the fact that any prices stated are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
they are the result of legal regulations or provisions; or the consumer has the authority to terminate the agreement on the day the price increase takes effect.
The prices stated in the offer of products or services include VAT. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The return of the products must be made in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

• The consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties.

• The delivered products have been exposed to abnormal conditions or are otherwise treated with negligence or in violation of the instructions of the entrepreneur and/or the packaging.

• The defectiveness is wholly or partially the result of regulations that the government has or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution
The entrepreneur will exercise the utmost care in receiving and fulfilling orders for products and in assessing requests for the provision of services. The delivery address specified by the consumer will be considered the place of delivery. Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders promptly, 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 only partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation. All delivery times are indicative. The consumer cannot derive any rights from any specified deadlines. Exceeding a deadline does not entitle the consumer to compensation. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution. If the delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a substitute item. It will be clearly and comprehensibly communicated at the latest upon delivery that a substitute item is being supplied. In the case of substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and made known representative, unless expressly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination, and Extension
Termination The consumer can terminate an agreement for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of up to one month. The consumer can terminate an agreement for a definite period and which involves the regular delivery of products (including electricity) or services at any time at the end of the specified duration, taking into account the agreed termination rules and a notice period of up to one month. The consumer can terminate the agreements mentioned in the previous paragraphs: - at any time and is not restricted to termination at a specific time or in a specific period; - terminate at least in the same manner as they were entered into by him; - always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension An agreement entered into for a definite period and which involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration. In deviation from the previous paragraph, an agreement entered into for a definite period and which involves the regular delivery of daily and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month. An agreement entered into for a definite period and which involves the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer is at all times entitled to terminate with a notice period of up to one month and a notice period of up to three months in the event the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically end upon the expiry of the trial or introductory period.
Duration If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose 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 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the consumer the reasonable costs previously communicated to the consumer.
Article 14 - Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the agreement must be submitted to the entrepreneur within 2 months after the consumer has discovered the defects, fully and clearly described. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved amicably, a dispute arises that is susceptible to the dispute resolution procedure. In case of complaints, a consumer must contact the entrepreneur. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad. The Vienna Sales Convention does not apply.
Article 16 - Additional or Deviating Provisions
Additional or deviating provisions 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 the consumer can store them in an accessible manner on a durable data carrier.