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General terms and conditions for consumers (NL)
General terms consumer (ENG)

GENERAL TERMS AND CONDITIONS OF BAMBOO IMPORT EUROPE B.V.

  • DEFINITIONS

In these General Terms and Conditions, the terms listed below shall have the following meanings:

General Terms and Conditions: these general terms and conditions of Bamboo Import Europe.

Bamboo Import EuropeBamboo Import Europe B.V.

Reflection period: The period within which the Consumer can make use of his
Right of withdrawal.

Consumer: Any natural person who is not acting in the exercise of a profession or business and enters into an Agreement with Bamboo Import Europe.

Service or Services: services provided by Bamboo Import Europe to the Consumer in accordance with the Agreement.

Durable Data Carriermeans any means that enables the Consumer or Bamboo Import Europe to store information addressed personally to him/her in a way that allows future consultation and unchanged reproduction of the information stored.

Right of withdrawalmeans the possibility for the Consumer to withdraw from the Agreement within the Cooling-Off Period.

Model form: the model withdrawal form made available by Bamboo Import Europe, which a Consumer may fill in when exercising his/her Right of Withdrawal, included in Annex I of these General Terms and Conditions.

Agreementmeans an agreement entered into between Bamboo Import Europe and the Consumer within the framework of an organised system for the distance sale of Products or the provision of Services, whereby, up to and including the moment at which the agreement is entered into, exclusive or joint use is made of one or more techniques for distance communication or an agreement entered into outside the sales area of Bamboo Import Europe.

Party or PartiesBamboo Import Europe and/or the Consumer.

Product or Products: goods supplied by Bamboo Import Europe in accordance with the Agreement.

  • IDENTITY OF BAMBOO IMPORT EUROPE

Bamboo Import Europe B.V.

Biesland 28, 1948 RJ Beverwijk, The Netherlands

Tel.: +31 (0)251-313177

E-mail: info@bambooimport.com

Chamber of Commerce number: 65249763

Btw-identificatienummer: NL8560.37.369.B01

 

 

  • APPLICABILITY
    • These General Terms and Conditions are applicable to all offers made by Bamboo Import Europe, to all Contracts entered into between Bamboo Import Europe and the Consumer and to all orders placed between Bamboo Import Europe and the Consumer.
    • Deviations from these General Terms and Conditions are only possible if these deviations are agreed upon in writing between Parties, or in such a way that they can be stored by the Consumer in an accessible manner on a Durable Data Carrier. These General Terms and Conditions cannot be deviated from to the detriment of the Consumer.
    • Other general terms and conditions are hereby expressly rejected by Bamboo Import Europe.
    • Prior to the conclusion of an Agreement, the General Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, Bamboo Import Europe shall, prior to the conclusion of the Agreement, indicate the manner in which the General Terms and Conditions can be inspected at Bamboo Import Europe and the General Terms and Conditions shall be sent free of charge (electronically) at the request of the Consumer.
    • If the Agreement is concluded electronically, in deviation from article 3.4 and before the Agreement is concluded, the text of these General Terms and Conditions may be made available to the Consumer electronically in such a way that it can be easily stored by the Consumer on a Durable Data Carrier. If this is not reasonably possible, before the Agreement is concluded, it shall be stated where the General Terms and Conditions can be viewed electronically and that, at the Consumer's request, they will be sent electronically or otherwise free of charge.
    • If, in addition to these General Terms and Conditions, specific product or service conditions apply, the preceding paragraphs of this Article shall apply accordingly and the Consumer may, in the event of conflicting general terms and conditions, always invoke the applicable provision that is most favourable to him/her.
    • In the event of any contradiction between the provisions of these General Terms and Conditions and the provisions of the Agreement, the provisions of the Agreement take precedence over the General Terms and Conditions.
    • If one or more provisions in these General Terms and Conditions are (or are declared) invalid or voidable in whole or in part at any time, the Agreement and these General Terms and Conditions will remain in force for the rest and the provision in question will be replaced without delay in mutual consultation by a provision that approximates the meaning of the original provision as closely as possible.
    • Situations not regulated by these General Terms and Conditions must be assessed 'in the spirit' of these General Terms and Conditions.
    • Uncertainty concerning the interpretation or content of one or more provisions of these General Terms and Conditions must be interpreted 'in the spirit' of these General Terms and Conditions.
    • These General Terms and Conditions may be amended at any time by Bamboo Import Europe. Amendments to the General Terms and Conditions shall come into force 30 calendar days after the day on which the amendments have been notified to the Consumer. Amendments shall also apply to existing Agreements. If the Consumer does not wish to accept the amendment(s), he/she may cancel the Agreement in accordance with the provisions of Article 11 of these General Terms and Conditions.

  • THE OFFER
    • Bamboo Import Europe makes the offer either in writing or electronically. The offer is non-binding. Bamboo Import Europe is entitled to amend and adapt the offer. If an offer is of limited duration or is made subject to conditions, this will be explicitly stated in the offer.
    • The offer contains a complete and accurate description of the Products and/or Services offered, the price and the other costs for the Consumer. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer. If Bamboo Import Europe makes use of pictures, they are truthful images of the Products and/or Services offered. Obvious mistakes or obvious errors in the offer are not binding on Bamboo Import Europe.
    • To the extent that the offer contains pictures and specifications, these are indicative and intended only to give a general idea of the Products. Product photos may differ from the Product on offer. This cannot be a reason for compensation or dissolution of the Agreement.
    • Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

  • THE AGREEMENT
    • The Agreement is concluded, subject to the provisions of Article 5.4, at the moment the Consumer accepts the offer and fulfils the conditions set out therein.
    • If the Consumer has accepted the offer by electronic means, Bamboo Import Europe shall immediately confirm by electronic means the receipt of the acceptance of the offer. As long as the receipt of the acceptance has not been confirmed by Bamboo Import Europe, the Consumer may rescind the Contract.
    • If the Agreement is concluded electronically, Bamboo Import Europe shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the Consumer is able to pay electronically, Bamboo Import Europe will take appropriate security measures.
    • Bamboo Import Europe is entitled - within the limits of the law - to investigate whether the Consumer is able to fulfil his payment obligations under the Agreement, as well as all those facts and factors that are of importance for the sound conclusion of the Agreement. If, on the basis of this examination, Bamboo Import Europe has sound reasons for not entering into the Agreement, it is entitled to refuse an order or application or to attach special conditions to its performance.
    • Bamboo Import Europe shall send the following information with the Product or Service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a Durable Data Carrier:
      • the visiting address of the branch office of Bamboo Import Europe where the Consumer may lodge complaints;
      • the conditions on which and the way in which the Consumer may exercise the Right of withdrawal, or a clear statement regarding the exclusion of the Right of withdrawal;
      • the information on guarantees and existing after-sales services;
      • The data referred to in Article 4.2 of these General Terms and Conditions, unless Bamboo Import Europe has already provided the Consumer with this data prior to the execution 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 event of a long-term transaction, i.e. an Agreement relating to a series of Products and/or Services of which the delivery and/or purchase obligation is spread over time, the provision in Article 5.5 shall apply only to the first delivery.
  • Every Agreement is entered into under the suspensive condition of sufficient availability of the Products concerned.

 

  • CONSUMER RIGHT OF WITHDRAWAL

Right of withdrawal for products

  • When purchasing Products, the Consumer has the possibility of dissolving the Agreement, without giving reasons, during a period of 14 calendar days. This cooling-off period commences on the day after receipt of the Product by (i) the Consumer or (ii) a representative designated by the Consumer and made known to Bamboo Import Europe.
  • During the Grace Period, the Consumer shall handle the Product and its packaging with care. He/she shall only unpack or use the Product to the extent necessary to be able to assess whether he/she wishes to keep it. Bamboo Import Europe applies the principle that the Consumer may only handle and inspect the Product as he/she would in a shop. The Consumer is liable for any diminished value of the Product that is the result of a way of handling the Product that goes beyond what is allowed as described in this provision and beyond what is necessary to establish the nature, the characteristics and the functioning of the Product. If the Product is damaged due to careless handling by the Consumer, the Consumer shall be liable for any decrease in the value of the Product. The Consumer shall not be liable for any reduction in the value of the Product if Bamboo Import Europe has not provided him/her, before or at the time of conclusion of the Agreement, with all the information required by law concerning the Right of Withdrawal.
  • In case the Consumer makes use of his/her right of withdrawal, he/she shall return the Product with all delivered accessories and - if reasonably possible - in its original state and packaging to Bamboo Import Europe in accordance with the reasonable and clear instructions provided by Bamboo Import Europe.
  • If the Consumer wishes to exercise his/her right of withdrawal, he/she is obliged to notify Bamboo Import Europe within 14 calendar days of receiving the Product. The Consumer has to make this known by means of the Model Form or by means of another means of communication such as e-mail. After the Consumer has made known his wish to exercise his right of withdrawal, the Consumer shall return the Product within 14 calendar days. The Consumer must prove that the delivered goods have been returned in time, for instance by means of a proof of sending.
  • If, at the end of the periods referred to in this Article 6, the Consumer has not exercised his right of withdrawal and has not returned the Product to Bamboo Import Europe, the sale shall be deemed to have taken place.
  • The burden of proof for the correct and timely exercise of the Right of Withdrawal shall lie with the Consumer.
  • Products that have been made, sawn or otherwise processed to order cannot be taken back by Bamboo Import Europe, unless Parties have agreed otherwise.

Right of withdrawal for Services and digital content not supplied on a tangible medium

  • The Consumer may rescind an Agreement for the provision of a Service and an Agreement for the provision of digital content not provided on a tangible medium, without giving reasons, during a period of 14 calendar days starting on the day after the day of entering into the Agreement.
  • In order to exercise the right of withdrawal, the Consumer shall comply with the reasonable and clear instructions provided by Bamboo Import Europe at the time of the offer and/or at the latest upon delivery.

Exclusion of the right of withdrawal

  • Bamboo Import Europe may exclude the right of withdrawal if Bamboo Import Europe has expressly stated so in the offer, or at least in good time prior to concluding the Contract. Exclusion of the right of withdrawal is, in addition to the cases provided for by law, possible in the case of:
    • Products manufactured according to the specifications of the Consumer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision made by the Consumer, or which are clearly intended for a specific person;
    • Products that are clearly personal in nature;
    • Products that cannot be returned due to their nature;
    • Products that spoil or age quickly;
    • Products whose price is subject to fluctuations in the financial market over which Bamboo Import Europe has no influence;
    • Products purchased at a public auction, which is understood to mean a method of sale whereby Products are offered by Bamboo Import Europe to the Consumer who attends or is given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the winning bidder is obliged to purchase the Products;
    • Products that after delivery have been irrevocably mixed with other Products due to their nature;
    • Products that have been damaged by the Consumer after delivery;
    • Products of which the delivery has started with the express consent of the Consumer before the expiry of the Withdrawal Period;
    • The Consumer has declared to waive his right of rescission as soon as Bamboo Import Europe has fulfilled the Agreement; and/or
    • Products of which it cannot be proven that they have been purchased from Bamboo Import Europe by the Consumer.

 

Costs in the event of withdrawal

  • The costs of returning the Products shall be borne by the Consumer. Bamboo Import Europe will not bear these costs, unless Parties have agreed otherwise.
  • In the case of a Cancellation by the Consumer, Bamboo Import Europe shall reimburse the price paid for the returned Products, including any delivery costs that may have been charged, as soon as possible and at the latest within 14 calendar days of the Cancellation. The condition for reimbursement is that the Products have already been returned in full and in good order by Bamboo Import Europe or conclusive proof of their complete return can be furnished. Reimbursement will be made via the same payment method used by the Consumer, unless the Consumer expressly agrees to a different payment method.
  • If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Bamboo Import Europe is not obliged to refund the additional costs for the more expensive method.
  • 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 due to changes in VAT rates.
    • In derogation of Article 7.1, Bamboo Import Europe may offer Products or Services whose prices are subject to fluctuations in the financial market and over which Bamboo Import Europe has no control, at variable prices. These fluctuations and the fact that any prices mentioned are recommended prices, are mentioned with the offer.
    • Price increases within 3 months after the conclusion of the Agreement are only allowed if they are the result of statutory regulations or provisions. In this case, the Consumer has the right to dissolve the Agreement.
    • Price increases from 3 months after the conclusion of the Agreement are only permissible if Bamboo Import Europe has stipulated them and:
      • they are the result of statutory regulations or provisions; or
      • the Consumer is authorised to terminate the Agreement on the day on which the price increase takes effect.

 

  • The prices stated in the offer of Products and/or Services include VAT. All prices are subject to misprints and typesetting errors. Bamboo Import Europe does not accept any liability for the consequences of printing and typesetting errors. In the case of misprints or printing errors, Bamboo Import Europe is not obliged to supply the Product at the incorrect price.
  • PAYMENT
    • Unless otherwise agreed in the Agreement, the amounts owed by the Consumer must be paid within 14 calendar days after the start of the cooling-off period referred to in Article 6.1 of these General Terms and Conditions, or, in the absence of a cooling-off period, within 14 calendar days after delivery of the Product. In case of an Agreement for the provision of a Service, the payment period shall start on the day after the Consumer has received the confirmation of the Agreement.
    • Bamboo Import Europe is entitled to require from the Consumer a deposit of not more than half of the price. The performance of the Contract shall not commence until Bamboo Import Europe has received the down payment.
    • The Consumer must pay in full, unless the Parties have agreed that the Consumer may pay in instalments. If payment in instalments has been agreed, the Consumer must pay in accordance with the agreed instalments and percentages.
    • The Consumer is obliged to notify Bamboo Import Europe immediately of any inaccuracies in the payment details provided or mentioned.
    • If the Consumer does not, or does not timely, fulfil his/her obligation(s) of payment, Bamboo Import Europe shall send, free of charge, a payment reminder to the Consumer, giving the Consumer the opportunity to fulfil his/her obligation(s) of payment within a period of 14 calendar days. If payment has not been made within the period specified in the reminder, the Consumer shall be liable to pay statutory interest on the amount owing and Bamboo Import Europe shall be entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: (a) 15% for outstanding amounts up to EUR 2,500 with a minimum of EUR 40; (b) 10% for the following EUR 2,500; and (c) 5% for the following EUR 5,000. Bamboo Import Europe may deviate from said amounts and percentages in favour of the Consumer.
    • Bamboo Import Europe is entitled to retain or reclaim the Product if the Consumer defaults in the fulfilment of a due and payable obligation, unless the default does not justify such retention or reclamation.

  • DELIVERY AND IMPLEMENTATION
    • Bamboo Import Europe will take the greatest possible care when receiving and executing the Contract.
    • Bamboo Import Europe delivers the Products to the delivery address provided by the Consumer. The Products are at the risk of the Consumer from the moment of delivery.
    • Subject to the provisions of Article 9.4, Bamboo Import Europe shall deliver the Products with due diligence, but at the latest within 30 calendar days of the conclusion of the Agreement, unless Parties have agreed on a different delivery period. If the delivery has been delayed, or if an order cannot be executed at all or only partially, the Consumer shall be informed of this within 30 calendar days after he/she has placed the order. In such a case, the Consumer has the right to rescind the Agreement free of charge and Bamboo Import Europe shall return the amount paid by the Consumer as soon as possible, but at the latest within 14 days after rescission. The Consumer is not entitled to compensation for damages.
    • All delivery periods are indicative. The Consumer may not derive any rights from any delivery periods stated. Exceeding a term does not give the Consumer a right to compensation.
    • The risk of damage and/or loss of the Products shall be borne by Bamboo Import Europe until the moment of delivery to the Consumer or to a representative designated in advance and made known to Bamboo Import Europe, unless expressly agreed otherwise.
    • Bamboo Import Europe may, provided it has informed the Consumer of this prior to the conclusion of the Contract, refuse an order for multiple Products with a different delivery time.

  • GUARANTEE
    • Bamboo Import Europe guarantees that the Products and/or Services comply with the Agreement, with the specifications stated in the offer, with the reasonable requirements of reliability and/or serviceability and with the existing statutory provisions and/or government regulations on the date on which the Agreement was concluded.
    • The guarantees given by Bamboo Import Europe become null and void if the defect is the result of incorrect, careless or incompetent use of the Product and/or the Service by the Consumer or if the defect is the result of alterations, repairs or other work carried out on the Product and/or the Service by the Consumer or third parties. Bamboo Import Europe is also not liable for any damage that may arise as a result of these defects.
    • The guarantee does not cover defects in Products that have arisen as a result of normal wear and tear, or due to damage caused by circumstances beyond Bamboo Import Europe's control, including weather conditions and the natural properties of the Product.
    • The guarantee does not apply if the delivered Products have been exposed to abnormal conditions or have been handled otherwise carelessly or contrary to the instructions of Bamboo Import Europe and/or have been handled on the packaging and/or the inadequacy is wholly or partially the result of regulations that the government has laid down or will lay down with regard to the nature or quality of the applied materials.
    • Bamboo Import Europe has informed the Consumer of the properties of the Products and the Consumer is aware that bamboo is a natural product. Bamboo Import Europe has no influence whatsoever on the natural properties of bamboo. The following situations may affect the Products:
      • Vertical cracks can/will appear in bamboo poles. Just like wood, bamboo expands or shrinks with changes in temperature or humidity. However, cracks do not affect the structural integrity of the bamboo;
      • discolouration of the Products due to sun, moisture or mould may affect bamboo. Due to its natural material, this is associated with out-of-body Products such as bamboo; and/or
      • Due to the use of natural materials, dimensions and colours may vary from those shown in the product specifications and illustrations.

By entering into the Agreement, the Consumer accepts (i) that natural properties may influence the Products to be delivered and (ii) that the guarantee scheme cannot be invoked in these cases.

  • A guarantee issued by Bamboo Import Europe, manufacturer or importer shall not affect the legal rights and claims that the Consumer may exercise against Bamboo Import Europe under the Agreement.
  • Any defects or wrongly delivered Products should be reported in writing to Bamboo Import Europe within 2 months of delivery. The Products must be returned in their original packaging and in new condition.
  • The guarantee period of Bamboo Import Europe corresponds to the manufacturer's guarantee period. However, Bamboo Import Europe 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.
  • DURATION AND TERMINATION OF THE AGREEMENT
    • The Consumer may terminate an Agreement entered into for an indefinite period of time and which provides for the regular supply of Products and/or Services at any time, subject to the agreed termination rules and a notice period of no more than one month.
    • The Consumer may terminate a fixed-term contract that was concluded for the regular supply of Products and/or Services at any time at the end of the fixed-term with due observance of the agreed termination rules and a period of notice that does not exceed one month.
    • The Consumer may enter into the agreements mentioned in the previous paragraphs:
      • at any time and shall not be limited to termination at a specific time or during a specific period;
      • at least in the same way as they were entered into by him/her; and
      • always terminate with the same notice as Bamboo Import Europe has stipulated for itself.

 

  • If a Contract has a duration of more than one year, after one year the Consumer may cancel the Contract at any time with a notice period of up to one month, unless reasonableness and fairness dictate otherwise.
  • COMPLAINTS MECHANISM
    • Bamboo Import Europe has a complaints procedure and deals with complaints in accordance with this complaints procedure. This complaints procedure is available electronically. At the request of the Consumer, Bamboo Import Europe shall send it electronically or otherwise free of charge to the Consumer.
    • The Consumer is obliged to submit complaints regarding the execution of the Contract or defects in the Product to Bamboo Import Europe within 2 months of the Consumer discovering the defects, fully and clearly described with photos of the damage.
    • Complaints submitted to Bamboo Import Europe shall be responded to within a period of 14 calendar days, calculated from the date of receipt. If a complaint is expected to require a longer processing time, Bamboo Import Europe shall reply within 14 calendar days with a notice of receipt and an indication of when the Consumer may expect a more detailed response.
    • In the event of a complaint, the Consumer should first of all address Bamboo Import Europe. Parties shall make every effort to resolve the complaint by mutual agreement within a reasonable period of time, of which four (4) weeks is considered a minimum.
    • If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
    • A complaint does not suspend the obligations of Bamboo Import Europe, unless Bamboo Import Europe indicates otherwise in writing.

 

  • In the event that Bamboo Import Europe considers a complaint to be justified, it shall, at its option, either replace or repair the Products supplied free of charge.
  • PRIVACY AND PROCESSING PERSONAL DATA
    • If Bamboo Import Europe processes personal data this will be done in accordance with the requirements of Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation). The privacy policy of Bamboo Import Europe can be found at https://bambooimport.com/privacy-beleid/.
  • DISPUTES AND APPLICABLE LAW
    • All offers, order confirmations, Agreements and further agreements made between Bamboo Import Europe and the Consumer to which the General Terms and Conditions are applicable, are exclusively governed by Dutch law. If the Consumer has his/her permanent place of residence or abode outside the Netherlands, but within the European Union, the Consumer shall also be protected by mandatory provisions of the country of his/her permanent place of residence or abode.
    • The Vienna Sales Convention shall not apply.
    • All disputes in connection with offers, confirmations of orders, Agreements and further arrangements made between Bamboo Import Europe and the Consumer, shall exclusively be brought before the Court of Amsterdam. The Consumer has the right, during a period of one month after Bamboo Import Europe has invoked this article in writing towards the Consumer, to choose another legally competent court for the settlement of a dispute.

 

ANNEX I: MODEL WITHDRAWAL FORM

(complete and return this form only if you wish to rescind/cancel the Agreement)

 

To:

Bamboo Import Europe B.V.

Biesland 28, 1948 RJ Beverwijk, The Netherlands

E-mail: info@bambooimport.com

 

I/We* hereby give notice that I/We* have decided to terminate our agreement on

- the sale of the following products: [product designation]*.

- the supply of the following digital content: [designation of digital content]*

- the provision of the following service: [service description]*,

revoked/revoked*.

Ordered on*/received on* [date of order for services or date of receipt for Products].

[Name of consumer(s)]

[Consumer address(es)]

[Signature of consumer(s)] (only if this form is notified on paper)

 

*Take out what does not apply or fill in what applies.

 

GENERAL TERMS AND CONDITIONS OF BAMBOO IMPORT EUROPE B.V.

  • DEFINITIONS

In these General Terms, the capitalised terms and expressions listed below shall have the following meaning:

Agreement: an agreement concluded between Bamboo Import Europe and the Customer within the framework of an organized system for the distance sale of Products or the provision of Services, whereby, up to and including the conclusion of the agreement, on an exclusive or co-use basis, one or more means of distance communication is being used or an agreement is concluded outside Bamboo Import Europe's sales space.

Bamboo Import EuropeBamboo Import Europe B.V.

Customer: any natural person who is not acting in the course of a profession or business and enters into an Agreement with Bamboo Import Europe.

Durable Data Carrier: any means that enables the Customer or Bamboo Import Europe to store information addressed to him/her personally in a way that enables future consultation and unaltered reproduction of the stored information.

General Terms: these general terms and conditions of Bamboo Import Europe.

Model Form: the model form for withdrawal made available by Bamboo Import Europe that a Customer can fill in when exercising his Right of Withdrawal, included in Annex I of these General Terms.

Party or PartiesBamboo Import Europe and the Customer.

Product or Products: goods delivered by/or Bamboo Import Europe in accordance with the Agreement.

Right of Withdrawal: the possibility for the Customer to withdraw from the Agreement within the Withdrawal Period.

Service or Services: services provided by Bamboo Import Europe to the Customer in accordance with the Agreement.

Withdrawal period: the period within which the Customer can make use of his Right of Withdrawal.

  • IDENTITY OF BAMBOO IMPORT EUROPE

Bamboo Import Europe B.V.

Biesland 28, 1948 RJ Beverwijk, the Netherlands

Tel.: +31 (0)251-313177

E-mail: info@bambooimport.com

KvK-number: 65249763

VAT identification number: NL8560.37.369.B01

 

  • APPLICABILITY
    • These General Terms apply to every offer made by Bamboo Import Europe, to all Agreements concluded between Bamboo Import Europe and the Customer and to all orders between Bamboo Import Europe and the Customer.
    • Deviations from these General Terms are only possible if these deviations are agreed upon in writing between Parties, or in such a way that they can be stored by the Customer in an accessible manner on a Durable Data Carrier. These General Terms cannot be deviated from to the disadvantage of the Customer.
    • Other general terms and conditions are hereby expressly rejected by Bamboo Import Europe.
    • Prior to the entering of an Agreement, the General Terms shall be made available to the Customer. If this is not reasonably possible prior to entering into the Agreement, Bamboo Import Europe shall indicate how and where the General Terms can be found and viewed by the Customer. Upon the Customer's request, the General Terms will be sent electronically or otherwise and free of charge.
    • In the event the Agreement is concluded electronically, in deviation of clause 3.4 and before the Agreement is concluded, the text of these General Terms can be made available to the Customer by electronic means in such a way that it can easily be stored by the Customer on a Durable Data Carrier. If this is not reasonably possible before the Agreement is concluded, it will be indicated where the General Terms can be found and viewed electronically and that, at the Customer's request, the General Terms will be sent electronically or otherwise and free of charge.
    • In case specific product or service conditions apply in addition to these General Terms, the preceding paragraphs of this clause shall apply accordingly and the Customer may, in case of conflicting general terms and conditions, always rely on the applicable provision that is the most favourable to him/her.
    • In the event of any conflict between the provisions of these General Terms and the provisions of the Agreement, the provisions of the Agreement shall prevail over the General Terms.
    • If any provision of these General Terms is held to be illegal, invalid, void or otherwise unenforceable (in whole or in part), (i) such illegal, invalid, void or unenforceable provision will not affect the validity or enforceability of any other provision of these General Terms, and (ii) the provision in question will be replaced by a provision that reflects as closely as possible the intent of the illegal, invalid, void or unenforceable provision
    • Any situations not covered by these General Terms must be assessed 'in the spirit' of these General Terms.
    • Uncertainties regarding the interpretation or content of one or more provisions of these General Terms must be interpreted 'in the spirit' of these General Terms.
    • These General Terms may be amended by Bamboo Import Europe at any time. Amendments to the General Terms shall take effect 30 calendar days after the day on which the Customer has been notified of the amendments. Amendments shall also apply to existing Agreements. If the Customer does not wish to accept the amendment(s), he/she may terminate the Agreement in accordance with the provisions of clause 11 of these General Terms.
    • This is a translation of the Dutch version of the General Terms of Bamboo Import Europe. The Dutch text of these General Terms shall prevail at any and all times.

  • THE OFFER
    • Bamboo Import Europe makes the offer either in writing or electronically. The offer is non-binding. Bamboo Import Europe is entitled to change and amend the offer. If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in the offer.
    • The offer contains a complete and accurate description of the Products and/or Services offered, the price and the other costs for the Customer. The description is sufficiently detailed to enable a proper assessment of the offer by the Customer. If Bamboo Import Europe uses images, they provide a true representation of the Products and/or Services offered. Bamboo Import Europe is not bound by obvious errors or mistakes in the offer.
    • To the extent that the offer contains images and specifications, these are indicative and intended exclusively to give a general impression of the Products. Product photos may differ from the actual Product on offer. This cannot be a reason for compensation or termination of the Agreement.
    • Each offer contains such information in order to clarify the Customer's rights and obligations attached to accepting the offer.

  • THE AGREEMENT
    • The Agreement is concluded, subject to the provisions of clause 5.4, at the moment the Customer accepts the offer and fulfils the conditions set out therein.
    • If the Customer has accepted the offer electronically, Bamboo Import Europe shall confirm the receipt of acceptance of the offer electronically and without delay. As long as receipt of the acceptance has not been confirmed by Bamboo Import Europe, the Customer may terminate the Agreement.
    • If the Agreement is concluded electronically, Bamboo Import Europe shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the Customer is able to pay electronically, Bamboo Import Europe will observe appropriate security measures in this respect.
    • Bamboo Import Europe is entitled to investigate - within legal frameworks - whether the Customer can fulfil his payment obligations under the Agreement, as well as all those facts and circumstances that are important for the responsible conclusion of the Agreement. If, based on this investigation, Bamboo Import Europe has good reason not to enter into the Agreement, Bamboo Import Europe shall be entitled to refuse an order or application or to attach special conditions to its performance.
    • Bamboo Import Europe shall send the following information in respect of the Product or Service to the Customer, in writing, or in such a way that it can be stored by the Customer in an accessible manner on a Durable Data Carrier:
      • the visiting address of Bamboo Import Europe's office where the Customer can file complaints, if the case may be;
      • the conditions on which, and the way in which, the Customer may exercise its Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;
      • the information on warranties and existing after-sales service;
      • the data included in clause 4.2 of these General Terms, unless Bamboo Import Europe has already provided this data to the Customer prior to the execution of the Agreement;
      • the requirements for terminating the Agreement if the Agreement has a term of more than one year or is indefinite.

 

  • In the case of a continuing performance transaction, being an Agreement relating to a series of Products and/or Services of which the supply and/or purchase obligation is spread over time, the provision of clause 5.5 shall apply only to the first delivery.
  • Every Agreement is entered into under the condition precedent of sufficient availability of the Products concerned.
  • CUSTOMER'S RIGHT OF WITHDRAWAL

Right of Withdrawal for Products

  • Within a period of 14 calendar days after the purchase of a Product, the Customer has the right to terminate the Agreement without providing any reasons. This Withdrawal Period starts on the day after receipt of the Product by (i) the Customer or (ii) a representative designated in advance by the Customer and communicated to Bamboo Import Europe.
  • During the Withdrawal Period, the Customer shall handle the Product and its packaging with due care. He/she shall only unpack or use the Product to the extent necessary to be able to assess whether he/she wishes to keep the Product. Bamboo Import Europe applies the principle that the Customer may only handle and inspect the Product as he/she would do in a store. The Customer shall be liable for any reduction in value of the Product that is the result of handling the Product in a manner that goes beyond what is permitted as described in this provision and other than what is necessary to ascertain the nature, characteristics and functioning of the Product. If the Product is damaged due to careless handling by the Customer, the Customer shall be liable for any decrease in value of the Product. The Customer shall not be liable for any decrease in value of the Product if Bamboo Import Europe has not provided him/her with all legally required information on the Right of Withdrawal before or at the time of entering into the Agreement.
  • If the Customer exercises his Right of Withdrawal, he/she shall return the Product with all delivered accessories and - if reasonably possible - in its original state and packaging to Bamboo Import Europe in accordance with the reasonable and clear instructions provided by Bamboo Import Europe.
  • In the event the Customer wishes to exercise his/her Right of Withdrawal, he/she must notify Bamboo Import Europe within 14 calendar days after receipt of the Product. The Customer must notify Bamboo Import Europe of this fact by using the Model Form or by another means of communication such as e-mail. After the Customer has given a notification of the exercise of his/her Right of Withdrawal, the Customer shall return the Product to Bamboo Import Europe within 14 calendar days. The Customer must prove that the delivered goods have been returned in time, for instance by means of a proof of sending.
  • If, after the expiry of the periods specified in this clause 6, the Customer has not indicated that it wishes to exercise its Right of Withdrawal and has not returned the Product to Bamboo Import Europe, the purchase of the Product(s) shall be a fact.
  • The burden of proof for the correct and timely exercise of the Right of Withdrawal shall be on the Customer.
  • Products made to order, sawn or otherwise processed cannot be returned to Bamboo Import Europe, unless the Parties have agreed otherwise.

Right of withdrawal for Services and digital content not supplied on a tangible carrier

  • Within 14 calendar days starting on the day after the day of entering into the Agreement, the Customer may terminate the Agreement for the provision of Services and/or the Agreement for the provision of digital content that is not supplied on a tangible carrier, without providing any reasons.
  • To exercise the Right of Withdrawal, the Customer shall comply with the reasonable and clear instructions provided by Bamboo Import Europe at the time of the offer and/or at the latest at the time of delivery.

Exclusion of the Right of Withdrawal

  • Bamboo Import Europe is entitled to exclude the Right of Withdrawal if (i) Bamboo Import Europe has expressly stated this in the offer or (ii) Bamboo Import Europe has timely stated this to the Customer prior to the entering into the Agreement. In addition to the events specified by law, the exclusion of the Right of Withdrawal is possible in case of:
    • Products manufactured according to the specifications of the Customer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Customer, or which are clearly intended for a specific person;
    • Products that are clearly personal in nature;
    • Products that cannot be returned due to their nature;
    • Products that spoil or age quickly;
    • Products of which the price is subject to fluctuations in the financial market in respect of which Bamboo Import Europe has no influence;
    • Products purchased at a public auction, which is understood to mean a method of sale whereby Products are offered by Bamboo Import Europe to the Customer who attends or is given the opportunity to attend the auction in person, under the guidance of an auctioneer, and whereby the winning bidder is obliged to purchase the Products;
    • Products that after delivery are by their nature irrevocably mixed with other Products;
    • Products that have been damaged by the Customer after delivery;
    • Products of which the delivery has started before the expiry of the Withdrawal Period, such with the express consent of the Customer;
    • Products in respect of which the Customer has declared to waive his right of termination once Bamboo Import Europe has fulfilled its obligations under the Agreement; and/or
    • Products that cannot be proven to be purchased by the Customer from Bamboo Import Europe.

 

Costs in the event of withdrawal

  • The costs of returning the Products shall be borne by the Customer. Bamboo Import Europe shall not bear these costs, unless the Parties have agreed otherwise.
  • In the event the Customer invokes his Right of Withdrawal, Bamboo Import Europe shall refund the price paid for the returned Products, including any delivery costs that may have been charged, as soon as reasonably possible and no later than 14 calendar days after the withdrawal. The condition for reimbursement is that the Products have been received by Bamboo Import Europe in good condition or that conclusive proof of complete return can be provided by the Customer. Refund shall be made through the same payment method used by the Customer, unless the Customer expressly agrees to a different payment method.
  • If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Bamboo Import Europe is not obliged to refund the additional costs for the more expensive method.
  • 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 due to changes in VAT rates.
    • Notwithstanding clause 7.1, Bamboo Import Europe may offer Products or Services of which the prices are subject to fluctuations in the financial market that are beyond Bamboo Import Europe's control. The offer shall state that the price is subject to fluctuations and that the price mentioned in the offer is a target price.
    • Price increases within 3 months after the entering into the Agreement are only allowed if they are the result of statutory laws and/or regulations. In such event, the Customer has the right to terminate the Agreement.
    • Price increases from 3 months after the entering into the Agreement are only allowed if Bamboo Import Europe has stipulated this and:
      • these are the result of statutory laws and/or regulations; or
      • the Customer has the right to terminate the Agreement from the day on which the price increase takes effect.

 

  • The prices mentioned in the offer of Products and/or Services include VAT. All prices are subject to misprints and typesetting errors. Bamboo Import Europe shall not accept any liability for damages and/or claims resulting from misprints and typesetting errors. In the event of misprints and typesetting errors, Bamboo Import Europe shall not be obliged to deliver the Product according to the incorrect price.

 

  • PAYMENT
    • Unless otherwise agreed in the Agreement, the amounts owed by the Customer must be paid within 14 calendar days after the start of the Withdrawal Period as referred to in clause 6.1 of these General Terms, or in the absence of a Withdrawal Period within 14 calendar days after delivery of the Product. In the case of an Agreement to provide Services, the payment period shall start on the day after the Customer receives confirmation of the Agreement.
    • Bamboo Import Europe is entitled to demand a down payment from the Customer of no more than half of the price. The Agreement shall not be executed by Bamboo Import Europe until it has received the down payment.
    • The Customer shall be obliged to pay the price in full, unless the Parties have agreed that the Customer may pay in several instalments. If payment in instalments has been agreed, the Customer shall pay the price in accordance with the agreed instalments and percentages.
    • The Customer is obliged to report any inaccuracies in payment data provided or stated to Bamboo Import Europe, such without delay.
    • If the Customer fails to fulfil his payment obligation(s), or fails to do so on time, Bamboo Import Europe shall send the Customer a payment reminder, free of charge, giving the Customer the opportunity to fulfil his payment obligations within a period of 14 calendar days. If payment is not made within the period specified in the payment reminder, the Customer shall owe statutory interest on the amount due and Bamboo Import Europe is entitled to charge any extrajudicial collection costs incurred by it. These collection costs shall amount to a maximum of: (a) 15% on outstanding amounts up to EUR 2,500 with a minimum of EUR 40; (b) 10% on the following EUR 2,500; and (c) 5% on the following EUR 5,000. Bamboo Import Europe may deviate from the aforementioned amounts and percentages in favour of the Customer.
    • Bamboo Import Europe is entitled to retain or reclaim the Product if the Customer fails to fulfil a due and payable obligation, unless the failure does not justify such retention or reclamation.
  • DELIVERY AND PERFORMANCE
    • Bamboo Import Europe shall take the greatest possible care when accepting and executing the Agreement.
    • Bamboo Import Europe shall deliver the Products to the delivery address provided by the Customer. The Products shall be at the Customer's risk as from the moment of delivery.
    • Subject to clause 9.4, Bamboo Import Europe shall deliver the Products as soon as reasonably possible, but no later than 30 calendar days after the entering into the Agreement, unless the Parties have agreed on a different delivery period. If delivery is delayed, or if an order cannot be fulfilled, or can only be fulfilled in part, the Customer shall be informed of this within 30 calendar days of placing the order. In such event, the Customer has the right to terminate the Agreement, free of charge, and Bamboo Import Europe will refund the amount paid by the Customer as soon as reasonably possible, but no later than 14 days after termination. The Customer shall not be entitled to any compensation.
    • All delivery periods are indicative. The Customer may not derive any rights from any delivery periods stated. Exceeding a delivery period does not give the Customer a right to compensation.
    • The risk of damage and/or loss of Products shall rest with Bamboo Import Europe until the moment of delivery to the Customer or a representative designated in advance by the Customer and communicated to Bamboo Import Europe, unless expressly agreed otherwise.
    • Bamboo Import Europe may refuse an order for multiple Products with a different delivery period, provided that it has informed the Customer in this respect prior to the entering into the Agreement.

 

  • WARRANTY
    • Bamboo Import Europe represents and warrants that the Products and/or Services comply with the Agreement, with the specifications stated in the offer, with the reasonable requirements of suitability and soundness and with the existing statutory laws and/or regulations on the date on which the Agreement was concluded.
    • The warranty given by Bamboo Import Europe shall cease to apply if a defect is the result of incorrect, careless or incompetent use of the Product and/or Service by the Customer or if the defect is the result of changes, repairs or other adaptations to the Product and/or Service made by the Customer or third parties. Bamboo Import Europe is not liable for any damage resulting from these defects.
    • The warranty does not cover defects in Products caused by normal wear and tear, or due to damage that is the result of circumstances beyond Bamboo Import Europe's control, including weather conditions and the natural characteristics of the Product.
    • The warranty does not apply if the delivered Products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to Bamboo Import Europe's instructions and/or the packaging instructions, and/or the defectiveness is wholly or partially the result of statutory law and/or regulations that have been or will be imposed on the nature or quality of the materials used.
    • Bamboo Import Europe has informed the Customer about the characteristics of the Products and the Customer is aware that bamboo is a natural product. Bamboo Import Europe has no influence on the natural characteristics of bamboo in any way. The following may affect the Products:
      • Vertical cracks can/will appear in bamboo poles. Like wood, bamboo expands or shrinks when changes in temperature or humidity occur. However, cracks do not affect the structural integrity of the bamboo;
      • Discoloration of the Products due to sun, moisture or mould can affect bamboo. Due to the natural material, this is associated with outdoor organic products such as bamboo; and/or
      • Due to the use of natural materials, the size and colour may differ from the Product specifications and illustrations.

By entering into the Agreement, the Customer accepts (i) that the natural characteristics may affect the Products and (ii) that the warranty cannot be invoked for these events.

  • A warranty provided by Bamboo Import Europe, manufacturer or importer shall not affect the legal rights and claims that the Customer may have against Bamboo Import Europe under the Agreement.
  • Any defects or incorrect delivered Products must be reported in writing to Bamboo Import Europe within 2 months of delivery. Products must be returned in the original packaging and in new condition.
  • Bamboo Import Europe's warranty period corresponds to the manufacturer's warranty period. However, Bamboo Import Europe shall never be responsible for the ultimate suitability of the Products for each individual application by the Customer, nor for any advice regarding the use or application of the Products.
  • TERM AND TERMINATION OF THE AGREEMENT
    • The Customer may terminate the Agreement that has been entered into for an indefinite period of time and which provides for the regular supply of Products and/or Services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
    • The Customer may terminate the Agreement entered into for a definite period of time and which provides for the regular supply of Products and/or Services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

 

  • The Customer may terminate the agreements mentioned in the previous paragraphs of this clause:
    • at any time and not limited to termination at a specific time or in a specific period;
    • at least in the same manner as they were entered into by him/her; and
    • always with the same notice period as Bamboo Import Europe has stipulated for itself.

 

  • If an Agreement has a duration of more than one year, the Customer may terminate the Agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
  • COMPLAINTS PROCEDURE
    • Bamboo Import Europe has a complaints procedure and handles complaints in accordance with this respective procedure. The complaints procedure is available electronically. At the Customer's request, Bamboo Import Europe shall send the complaints procedure to the Customer electronically or otherwise and free of charge.
    • The Customer must file complaints about the performance of the Agreement or about defects in the Product to Bamboo Import Europe within 2 months after discovering the defects, in a complete and clearly described manner including photographs of the respective damage.
    • Complaints filed to Bamboo Import Europe shall be answered within a period of 14 calendar days from the date of receipt. If a complaint requires a foreseeably longer processing time, Bamboo Import Europe shall respond within the 14-calendar-day period with an acknowledgement of receipt and an indication of when the Customer can expect a more detailed response.
    • In the event of a complaint, a Customer must first turn to Bamboo Import Europe. The parties shall make every effort to resolve the complaint in mutual consultation within a reasonable period, with four (4) weeks being regarded as the minimum.
    • If the complaint cannot be resolved in mutual consultation, a dispute shall arise that is subject to the dispute settlement procedure.
    • A complaint shall not suspend Bamboo Import Europe's obligations, unless Bamboo Import Europe indicates otherwise in writing.
    • If a complaint is found to be justified by Bamboo Import Europe, it shall, at its discretion, either replace or repair the delivered Products free of charge.

  • PRIVACY AND PROCESSING OF PERSONAL DATA
    • In the event Bamboo Import Europe processes personal data, this will be done in accordance with the requirements of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation). Bamboo Import Europe's privacy policy can be found at https://bambooimport.com/privacy-beleid/.

  • GOVERNING LAW AND JURISDICTION
    • All offers, order confirmations, Agreements an and any further arrangements entered into between Bamboo Import Europe and the Customer to which the General Terms apply, are governed by the laws of the Netherlands. If the Customer has his/her permanent place of residence outside the Netherlands, but within the European Union, the Customer shall also be protected by any mandatory rights and regulations of the country of his/her permanent place of residence.
    • The United Nations Convention on Contracts for the International Sales of Goods is not applicable.

 

  • All disputes arising out of or in connection with offers, order confirmations, Agreements and any further arrangements entered into between Bamboo Import Europe and the Customer, shall be exclusively resolved by the competent court in Amsterdam, the Netherlands. During a period of one month after Bamboo Import Europe has invoked this article in writing towards the Customer, the Customer has the right to opt for the settlement of the dispute by another court that is competent according to mandatory laws and regulations.

 

ANNEX I: MODEL FORM FOR WITHDRAWAL

(complete and return this form only if you wish to terminate the Agreement)

 

To:

Bamboo Import Europe B.V.

Biesland 28, 1948 RJ Beverwijk, the Netherlands

E-mail: info@bambooimport.com

 

Hereby, I/We* inform you that I/we* have decided to terminate our agreement on

- the purchase of the following products:

*.

- the supply of the following digital content: [description of digital content]*

- the provision of the following service: [service description]*,

Ordered on*/received on* [date of order for services or date of receipt for Products].

[Name of Customer(s)]

[Customer address(es)]

[Signature of Customer(s)] (only if this form is provided on paper)

 

*Delete what does not apply or fill in what applies.

 

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