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Terms of service

Last updated on 07-010-2019 version 24659

General terms and conditions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings

Withdrawal period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and a distance contract with the entrepreneur;

Day: calendar day;

Transaction Duration: a distance contract relating to a series of products and / or services, the supply and / or purchase is spread over time;

Durable medium: any means that enables the consumer or trader to store information addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;

Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur 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 techniques for distance communication;

Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being in the same place at the same time.


General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Applicability
 These general terms and conditions apply to any offer made by the entrepreneur and to any distance contract concluded and orders placed between the entrepreneur and the consumer. 
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the trader's premises and that, at the consumer's request, they will be sent free of charge as soon as possible. 
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, electronically or otherwise. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply by analogy and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him. If one or more provisions in these general terms and conditions are at any time wholly or partially void or declared null and void, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall immediately be replaced by a provision that approximates the purport of the original as much as possible. 
Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Unclear explanations or contents of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 3 - 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 non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered product. The description is so detailed that the buyer is able to make a good assessment of the offer. The entrepreneur cannot be bound by obvious mistakes or errors in the offer. The images and specific data in the offer are only an indication and cannot be a ground for any compensation or the dissolution of the agreement (at a distance). The entrepreneur cannot guarantee that the colours in the picture exactly match the real colours of the product.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Delivery times on the Company's website are indicative and do not entitle the Buyer to dissolve the agreement or to compensation for damages if they are exceeded, unless explicitly agreed otherwise.

Errors in completing the shipment information can not be recovered from the entrepreneur. As soon as the consumer fills in incorrect information, the consumer is responsible for it. The costs of reshipping the products ordered by the consumer are therefore for the buyer/consumer.

* The Buyer must send an e-mail or message to the Company as soon as possible if an error has occurred in the address. In this way, any errors in the address can be corrected before the order is processed.

The Buyer shall ensure that all information that the Company indicates is necessary or that the Buyer should reasonably understand is necessary for the performance of the Contract is provided to the Company in a timely manner. If the Company has not been provided with the information required for the execution of the contract on time, the Company has the right to suspend the execution of the contract and/or to charge the Buyer for the additional costs resulting from the delay in accordance with the usual rates. 
The Company is not liable for any damage, of whatever nature, caused by the Company's reliance on incorrect and/or incomplete information provided by the Buyer, unless the Company was aware of such inaccuracy or incompleteness.

The Buyer shall indemnify the Company against any claims from third parties who may suffer damage in connection with the execution of the contract and which is attributable to the Buyer.

The buyer is obliged to take delivery of the goods at the moment they are made available to him in accordance with the agreement, even if they are offered to him earlier or later than agreed.

If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the Company is entitled to store the goods at the Buyer's expense and risk.

The buyer is responsible for the import and payment of the VAT and any import duties of the products purchased by the buyer.

The buyer is obliged to investigate how the product is to be used and, in the case of personal use, to test the product in accordance with the instructions for use. The Company does not accept any liability for misuse of the product by the Buyer, nor for incorrect advice given by the Buyer to the Buyer's customers.

The trader does not guarantee that the products will meet the specifications stated in the offer, their usability and/or soundness and the statutory rules/regulations at the time of the conclusion of the contract. The entrepreneur does not guarantee the existence of defects in the delivered goods, but strives to, and will endeavour to, deliver the delivered goods in accordance with the agreement. The actual shelf life of long-life products cannot be guaranteed.

The entrepreneur points out that certain products, including external care products, have a limited shelf life, which is always stated on the product in question. The purchaser must take account of this shelf life within which the quality and safety of the product can be guaranteed in accordance with the manufacturer's guarantee.

The entrepreneur is in no way responsible for additional effects when using the purchased products and advises each user to thoroughly read
 the ingredients and instructions for use before applying them to the body. 
The user should consult a general practitioner or pharmacy before using the external care products in order to prevent possible infections and other complaints. 

If the entrepreneur has given a period for delivery, this is indicative. For deliveries outside the Netherlands, longer delivery times apply than indicated on the website. This period depends on the delivery time of the Supplier.

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 including taxes;

any shipping costs;

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 execution of the agreement;

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement is archived after it has been concluded, and if so in what way it can be consulted by the consumer;

the way in which the consumer, before concluding the contract, can check the data provided by him within the framework of the contract and, if desired, repair them;

any other languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colours, type of materials.

Article 4 - The contract
 The contract is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.

The entrepreneur can - within the law - inform himself whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this research, the entrepreneur 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 of the order or request, stating the reasons.

The entrepreneur will accompany the product or service to the consumer the following information, in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium:

a. the e-mail address of the establishment of the entrepreneur where the consumer can lodge complaints;

b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information on warranties and existing after-sales service;

d. the information contained in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this information before the execution of the contract;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term 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 products concerned.

Article 5 - Right of withdrawal
 When purchasing products, the consumer has the option of dissolving the contract, giving exclusive reasons, for a period of 14 days. This reflection period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and announced to the trader representative.

During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, 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 within 14 days, after receipt of the product, to notify the entrepreneur. The consumer must make it known by means of a written message/e-mail. After the consumer has expressed the wish to exercise his right of withdrawal, the customer must return the product within 14 days of receipt. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment (track and trace code) and is responsible for the correct delivery of the return.

If the customer has not expressed his intention to exercise his right of withdrawal or has not returned the product to the company after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a reality.


If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the trader will refund 50% of this amount, excluding shipping costs, as soon as possible, but no later than within 14 days after withdrawal - unless it concerns a broken or incomplete article. This is subject to the condition that the product has already been received back by the merchant or that conclusive proof of complete return can be presented.

Article 7 - Exclusion of the right of withdrawal
 The trader 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 contract.

Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the proprietor in accordance with the consumer's specifications;

b. which are clearly of a personal nature;

c. which by their nature cannot be returned;

d. that can quickly deteriorate or age;

e. the price of which is subject to fluctuations in the financial market over which the proprietor has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. in the case of hygienic products the seals of which have been broken by the consumer. (Internally worn electronics such as in-ear headsets)

Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;

b. of which the delivery has started with the explicit consent of the consumer before the cooling-off period has expired;

c. concerning bets and lotteries.

Article 8 - The price
 During the period of validity 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.

Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the Entrepreneur has no control, at variable prices. These fluctuations and the fact that any prices mentioned are target prices are mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services are inclusive of VAT.

In case the buyer receives a letter concerning the import duties or the provision of payment details, he has to communicate this directly with the selling party (Boluko). If the buyer decides to handle the goods in question himself, the buyer is also responsible for paying the import duties.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. 
In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 9 - Conformity and Warranty
 The entrepreneur guarantees that the products and / or services meet the contract, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. 
If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 days of delivery. The products must be returned in their original packaging and in a new condition.

The warranty period of the company corresponds to the manufacturer's 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.

In the event of questions about the use of care products and the effect of certain ingredients, and their suitability for the Buyer, the Buyer may address questions in general to the Company, or seek specific advice from his own physician or general practitioner.

The warranty does not apply if:

The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and / or on the packaging have been handled;

The inadequacy is wholly or partly the result of regulations that the government has set or will set with regard to the nature or the quality of the materials used.

Article 10 - Delivery and execution
 The entrepreneur will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has given to the company. The consumer is entirely responsible for the correct provision of his or her address information. The entrepreneur cannot be held liable for any costs arising from incorrect address information provided by the consumer.

With due observance of what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer will be informed no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract free of charge.

In the event of dissolution in accordance with the previous paragraph, the operator the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution, refund.

If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to provide a replacement product. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement article will be delivered. The right of withdrawal cannot be excluded in the case of replacement articles. The costs of a possible return are in no case for the account of the entrepreneur.

The risk of damage and / or loss of products rests with the entrepreneur up to the time of delivery to the consumer or a previously designated and announced representative to the entrepreneur, unless otherwise expressly agreed.

In case of a purchase agreement, the buyer gives explicit permission to the entrepreneur to use and publish all purchases sent by him on Social Media and the website of Boluko for promotional and/or advertising purposes.

The submarine may unilaterally amend these general terms and conditions.

If the Buyer provides the Company with electronic files, software or data carriers, the Buyer warrants that these are free of viruses and defects.

Article 11 - Duration transactions: duration, termination and extension

Termination
 The consumer may terminate an open-ended contract that has been concluded for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a period of notice that does not exceed one month.

The consumer may at any time terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.

The consumer can use the agreements mentioned in the previous paragraphs:

The Supplier shall at all times terminate and not be limited to termination at a specific time or in a specific period;

at least in the same way as they have been entered into by him;

always terminate with the same notice as the entrepreneur has stipulated
 for himself.

Renewal
 A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly prolonged for a fixed term that does not exceed three months, if the consumer terminates this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.

A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period of notice that does not exceed three months if the contract concerns the regular supply of daily or weekly newspapers or magazines but less than once a month.

A fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration
 If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness resisting termination before the end of the agreed period.

Article 12 - Payment Unless
 otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of a contract to provide a service, this period commences after the consumer has received confirmation of the contract.

The consumer has the duty to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.

In the event of non-payment on the part of the consumer, the trader has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

Article 13 - Identity of the company
Boluko
Info@Boluko.com


Article 14 - Complaints procedure
Complaints about the performance of the contract must be fully and clearly described and submitted to the trader within 2 days after the consumer has discovered the defects.

The entrepreneur is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or loss, missed savings, damage due to business interruption and damage as a result of the use of products supplied by Boluko. For consumers, the limitation extends to what is permitted under Section 7:24(2) of the Dutch Civil Code.

The entrepreneur is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and / or incorrect) information on the website (s) or linked websites.

The Entrepreneur expressly rejects all liability and claims of the Purchasers and third parties who have suffered (physical) damage as a result of the use of the products. The products must only be used in accordance with the instructions for use and must not exceed the daily quantity. In the event of the use of medication, the Buyer must at all times consult his general practitioner.

Any advice given by the entrepreneur about the use of the products is only general and without obligation. Each Buyer is responsible for assessing whether the product is suitable for him. In case of doubt, please contact the Purchaser's physician or physician for an assessment of the use in the specific case.

External care products and electrical appliances should be kept out of the reach of young children. In addition, the products must be stored in accordance with the instructions for use as determined for each product. The entrepreneur recommends to consult an expert before using the external care products in case of pregnancy, lactation, use of medication and in case of doubt about hypersensitivity to one of the ingredients.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes
 On contracts between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law is applicable. Even if the consumer is living abroad.

Article 16 - Intellectual property rights
All of Bolukos publications, expressions (texts, images, videos and other graphic images) are protected by copyright and other intellectual property rights. They may only be used for personal and non-commercial use. Use of these communications and publications that are the property of Boluko is only permitted with the written permission of Boluko.


Liability

If the Company's performance of the Contract leads to the Company's liability towards the Buyer or third parties, such liability shall be limited to the costs charged by the Company in connection with the Contract. The liability is in any case limited to the maximum amount of damages paid by the insuranc company per situation.

The entrepreneur can not be held liable for products that are not delivered because one was not at home. For all orders, 3 delivery attempts will be made, if it is the case that you are not at home 3 times and have not picked up the parcel at a PostNL location where it was delivered, then the entrepreneur does not have to refund the full purchase price as soon as the customer recovers his money. This is due to shipping and administration costs.


The liability of the entrepreneur is also limited to the free repair of a defective item or the replacement of that item - or a part thereof - at the discretion of the entrepreneur.

The entrepreneur is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or loss, missed savings, damage due to business interruption and damage as a result of the use of products supplied by the entrepreneur. For consumers, the limitation extends to what is permitted under Section 7:24(2) of the Dutch Civil Code.

The entrepreneur is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and / or incorrect) information on the website (s) or linked websites.

The entrepreneur is not responsible for errors and / or irregularities in the functionality of the website and is not liable for failures or for any reason whatsoever unavailability of the website.

The entrepreneur is not responsible for a correct and complete transfer of the contents of and by/on behalf of the entrepreneur The entrepreneur sent e-mail, nor for the timely receipt thereof.

All claims by the Buyer on account of shortcomings on the part of the Company will lapse if they have not been reported to the Company in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which he bases his claims.

The Entrepreneur expressly rejects all liability and claims of the Purchasers and third parties who have suffered (physical) damage as a result of the use of the products. The products must only be used in accordance with the instructions for use and must not exceed the daily quantity. In the event of the use of medication, the Buyer must at all times consult his general practitioner.

Any advice given by the entrepreneur about the use of the products is only general and without obligation. Each Buyer is responsible for assessing whether the product is suitable for him. In case of doubt, please contact the Purchaser's physician or physician for an assessment of the use in the specific case.

To clarify: the purchaser should always contact the general practitioner to see if the product is suitable for his or her personal use. This contact must take place before the purchased products are put into use. 
The entrepreneur is in no way responsible and can not be held liable for the effects or side effects of his or her products. Use of the purchased products is always at the user's risk and should always be discussed with a professional/skilled person (GP or doctor).

External care products and electrical appliances should be kept out of the reach of young children. In addition, the products must be stored in accordance with the instructions for use as determined for each product. The entrepreneur recommends to consult an expert before using the external care products in case of pregnancy, lactation, use of medication and in case of doubt about hypersensitivity to one of the ingredients.