Terms and conditions
General Terms and Conditions
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal and Returns
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - Price
Article 10 - Conformity and warranty
Article 11 - Delivery and implementation
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 17 - Price
Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession and enters into a distance contract with Bloom Mondays;
4. Day: calendar day;
5. Digital content: data that are produced and supplied in digital form;
6. Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
7. Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.
8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
9. Model form: the model withdrawal form that Bloom Mondays makes available, which a consumer can fill in when he wishes to exercise his right of withdrawal.
10. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
11. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of a system organized for the distance sale of products and/or services, where, up to and including the moment the agreement is concluded, exclusive use is made of one or more techniques for distance communication;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.
13. General Terms and Conditions: these present General Terms and Conditions of Bloom Mondays.
Article 2 - Identity of Bloom Mondays
Bloom Mondays
Find our contact details here
Other company information:
Chamber of Commerce (KvK) number: 80584535
VAT identification number: NL03459156B13
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by Bloom Mondays and to every distance contract and order established between the entrepreneur and the consumer.
2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at Bloom Mondays and will be sent free of charge as soon as possible at the consumer's request.
3. 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 terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the remainder, and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the scope of the original as closely as possible.
6. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. Bloom Mondays is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Bloom Mondays uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Bloom Mondays.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. 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.
6. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
1. The agreement is established, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions attached thereto.
2. If the consumer has accepted the offer electronically, Bloom Mondays will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Bloom Mondays, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, Bloom Mondays will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, Bloom Mondays will observe appropriate security measures for this.
4. Within legal frameworks, Bloom Mondays can inform itself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible entry into the distance contract. If, based on this investigation, Bloom Mondays has sound reasons for not entering into the agreement, he is entitled to refuse an order or application with reasons or to attach special conditions to the execution.
5. Bloom Mondays 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 medium:
- the email address of Bloom Mondays where the consumer can lodge complaints;
- the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
- information about warranties and existing service after purchase;
- the information included in Article 4, paragraph 3 of these terms, unless Bloom Mondays has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal & Returns
Upon delivery of products:
1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to Bloom Mondays.
2. During the reflection period, the consumer will handle the product and 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 supplied accessories and - if reasonably possible - in the original condition and packaging to Bloom Mondays, in accordance with the reasonable and clear instructions provided by Bloom Mondays.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to Bloom Mondays within 14 days of receipt of the product. The consumer must do this using the model form. After the consumer has indicated that he wishes to use 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 a proof of shipment.
4. If the customer has not indicated after the expiry of the terms mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal, or has not returned the product to Bloom Mondays, the purchase is a fact.
Upon delivery of services:
5. Upon delivery of services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.
6. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by Bloom Mondays with the offer and/or at the latest upon delivery.
Returns
Is your order not exactly what you expected? Then you have the right to cancel your order up to 14 days after receipt without giving any reason. After cancellation, you have another 14 days to return your product. You will then be credited the full order amount including shipping costs. Only the costs for returning from your address to Bloom Mondays are for your own account. These costs are approximately 7.25 per package; consult your carrier's website for exact rates. If you exercise your right of withdrawal, the product must be returned to Bloom Mondays with all supplied accessories and – if reasonably possible – in its original state and packaging. To exercise this right, you can contact us via info@bloommondays.nl. We will then refund the owed order amount within 14 days after notification of your return, provided that the product has already been received back in good order.
Important conditions:
- The processing of your return takes a maximum of 14 days after receipt of your return shipment. The amount to be received will be refunded by us via the same method used when placing the order. This takes a maximum of 5 working days from the moment of transfer. If you paid by credit card, it may take a little longer.
- The gift box must – if reasonably possible – be returned in its original packaging.
- Should the product be damaged or the packaging be more damaged than is necessary to try the product, we may pass on this depreciation of the product to you. So please handle the product with care and ensure that it is well packed when returning.
- Only complete gift boxes can be returned, not individual products from a gift box.
- Without a track and trace code, no investigation will be started into missing returns. Please note that proof of shipment with a track & trace code is a requirement to be eligible for a refund.
- Please note that the return costs are for your own account.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the costs of return shipping are for his account at most.
2. If the consumer has paid an amount, Bloom Mondays 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 back by the web retailer or conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
3. In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product when Bloom Mondays has not provided all legally required information about the right of withdrawal, which must be done before the purchase agreement is concluded.
Article 8 - Exclusion of the right of withdrawal
1. Bloom Mondays 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 Bloom Mondays has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
- that have been created by Bloom Mondays in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which Bloom Mondays has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software for which the consumer has broken the seal.
- for hygienic products for which the consumer has broken the seal.
Article 9 - Model form
Model withdrawal form
(only fill in and return this form if you wish to withdraw from the agreement)
— To
Bloom Mondays
Wateringweg 99
2031EG Haarlem
info@bloommondays.nl
— I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/provision of the following service (*):
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— Ordered on (DD-MM-YYYY) : — Order number :
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— Received on (DD-MM-YYYY):
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— Name/names of consumer(s)
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— Address of consumer(s):
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— IBAN Account number:
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— Signature of consumer(s) (only if this form is submitted on paper)
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— Date(DD-MM-YYYY):
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(*) Strike through what is not applicable.
Article 10 - Conformity and Warranty
1. Bloom Mondays warrants that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, Bloom Mondays also warrants that the product is suitable for other than normal use.
2. A warranty provided by Bloom Mondays, the manufacturer, or the importer does not affect the legal rights and claims that the consumer can assert against Bloom Mondays under the agreement.
3. Any defects or incorrectly delivered products must be reported to Bloom Mondays in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
4. The warranty period of Bloom Mondays corresponds to the manufacturer's warranty period. However, Bloom Mondays 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.
5. The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or handled contrary to the instructions of Bloom Mondays and/or the instructions on the packaging;
- The defect is wholly or partially the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
1. Bloom Mondays will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The address that the consumer has made known to the company serves as the place of delivery.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with reasonable speed but at the latest 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 can only be executed in part, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, Bloom Mondays will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, Bloom Mondays will endeavor to make a replacement item available. It will be reported in a clear and understandable manner at the latest upon delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of Bloom Mondays.
7. The risk of damage and/or loss of products rests with Bloom Mondays until the moment of delivery to the consumer or a previously designated and made known to Bloom Mondays representative, unless explicitly agreed otherwise.
Article 12 - Duration transactions: duration, termination, and extension
Termination
1. The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of at most one month.
2. The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period with due observance of the agreed termination rules and a notice period of at most one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a specific period;
- at least terminate in the same way as they were entered into by him;
- always terminate with the same notice period as Bloom Mondays has stipulated for itself.
Extension
1. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration.
2. By way of derogation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite duration of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month.
3. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate at any time with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically after the end of the trial or introductory period.
Duration
1. 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 at most one month, unless reasonableness and fairness resist termination before the end of the agreed duration.
Article 13 - Payment
1. 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 to provide a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in provided or stated payment data to Bloom Mondays.
3. In the event of default of payment by the consumer, Bloom Mondays has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
1. Bloom Mondays has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to Bloom Mondays fully and clearly described within 2 months after the consumer has discovered the defects.
3. Complaints submitted to Bloom Mondays will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, Bloom Mondays will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
- For complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check whether this webshop has a current membership via https://www.webwinkelkeur.
nl/leden/ . If a solution cannot be reached then, the consumer has the possibility to have his complaint handled by the independent disputes committee appointed by - WebwinkelKeur; its decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee in question.
5. For complaints, a consumer must first turn to Bloom Mondays. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of Bloom Mondays, unless Bloom Mondays indicates otherwise in writing.
7. If a complaint is found to be justified by Bloom Mondays, Bloom Mondays will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
1. Only Dutch law applies to agreements between Bloom Mondays and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional provisions or provisions deviating 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 they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 17 - Price
1. 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.
2. Contrary to the previous paragraph, Bloom Mondays may offer products or services whose prices are subject to fluctuations in the financial market and over which Bloom Mondays has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if Bloom Mondays has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement on the day the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Bloom Mondays is not obliged to deliver the product according to the incorrect price.
