Terms of service

General Terms and Conditions

Definitions

Boelou: TLS Commerce B.V., established in Weert under Chamber of Commerce no. 85524271.
Customer: the person with whom Boelou has entered into an agreement.
Parties: Boelou and the customer together.
Consumer: a customer who is also an individual acting in a private capacity.

Article 1 - Applicability of General Terms and Conditions
These general terms and conditions apply to all agreements and transactions between the customer and Boelou relating to the purchase of our products/services. By using our website or purchasing our products, you agree to the following general terms and conditions ("Terms and Conditions"), including any additional terms and conditions and policies referred to or made available via hyperlink.

These Terms and Conditions are binding on all website users, including, but not limited to, visitors, browsers, customers, and sellers. Our store is hosted on the online e-commerce platform Shopify Inc. They provide us with the technical infrastructure that enables us to offer our products and services to you.

Please read these Terms and Conditions carefully before visiting our website or using our services. By accessing or visiting any part of the website or using our services, you agree to these Terms and Conditions. If you do not agree to all the provisions of these Terms and Conditions, you must not use our website or services. If these Terms and Conditions are deemed to constitute an offer, acceptance is expressly limited to these Terms and Conditions.

You can consult the most recent version of the Terms and Conditions on our website at any time. We reserve the right to update, amend, or replace these Terms and Conditions at any time by posting changes or updates on our website. It is your responsibility to check regularly for changes. Your continued use of or access to our website after any changes have been posted means that you accept those changes.

Article 2 - Prices
All prices charged by Boelou are in euros, include VAT, and exclude any other costs such as administrative fees, levies, and travel, shipping, or transport costs, unless expressly stated otherwise or otherwise agreed. Boelou may change all prices it charges for its products, on its website, or otherwise makes known at any time.

Increases in the cost prices of products or parts thereof that Boelou could not have foreseen at the time of making the offer or concluding the agreement may give rise to price increases. The consumer has the right to cancel an agreement as a result of a price increase, unless the increase results from a statutory provision.

Article 3 - Samples and models
If the customer has received a sample or model of a product, they may not derive any rights from it other than that it indicates the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Article 4 - Right of withdrawal
A consumer may cancel an online purchase during a 30-day cooling-off period without giving a reason, provided that:

the product has not been used (Exception: if there are no results and the return process is completed)
the product is not perishable, such as food or flowers
the product has not been specially made or modified for the consumer
the consumer has not waived their right of withdrawal

The 30-day cooling-off period referred to above begins on the day after the consumer has received the last product or part of one order

The consumer may notify Boelou of their exercise of the right of withdrawal via support@boelou.com, if desired with the help of the withdrawal form available through Boelou’s website, www.boelou.com, can be downloaded. The consumer must return the product to Boelou within 14 days after notifying Boelou of their exercise of the right of withdrawal, failing which their right of withdrawal will lapse.

Article 5 - Costs in the event of withdrawal
If the consumer exercises their right of withdrawal correctly and in accordance with the Refund Policy, only the return shipping costs will be borne by the consumer. If the customer has paid an amount for their order, the trader will refund this amount as soon as possible, but no later than within 14 days of the return or withdrawal.

Article 6 - Payment
Payment shall be made, at the consumer’s/customer’s discretion, using one of the payment methods displayed, either by advance payment of at least 50% or, where applicable, upon delivery. Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the cooling-off period begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The customer is required to report any inaccuracies in the payment details provided or stated to the company without delay. In the event of customer default, the company has the right, subject to statutory limitations, to charge the reasonable costs disclosed to the consumer in advance.

Article 7 – Klarna payment methods
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment method(s). Payment must be made to Klarna.

Pay later
Pay in instalments

You can find more information in the Klarna user terms. You can find general information about Klarna here. Your personal data will be processed by Klarna in accordance with the applicable data protection legislation and as described in Klarna's privacy statement.

Article 8 – Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Article 9 – Right of retention
Boelou may exercise its right of retention and, in that case, retain the customer's products until the customer has paid all outstanding invoices owed to Boelou, unless the customer has provided sufficient security for those costs. Boelou shall never be liable for any damage the customer may suffer as a result of exercising its right of retention.

Article 10 – Set-off
Unless the customer is a consumer, the customer waives the right to set off a debt owed to Boelou against a claim against Boelou.

Article 11 – Retention of title
Boelou remains the owner of all products delivered until the customer has fully fulfilled all payment obligations to Boelou under any agreement concluded with Boelou, including claims relating to failure to perform. Until then, Boelou may invoke its retention of title and repossess the goods. Before ownership has transferred to the customer, the customer may not pledge, sell, transfer, or otherwise encumber the products. If Boelou invokes its retention of title, the agreement shall be deemed dissolved, and Boelou shall be entitled to claim compensation, lost profit, and interest.

Article 12 - Delivery

Delivery takes place while stocks last.
Delivery takes place at Boelou, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address specified by the customer.
If the agreed amounts are not paid or are not paid on time, Boelou has the right to suspend its obligations until the agreed portion has been paid.
In the event of late payment, the creditor is in default, with the result that the customer cannot hold Boelou liable for delayed delivery.

Article 13 - Delivery time

The delivery times stated by Boelou are indicative and, if exceeded, do not entitle the customer to dissolve the agreement or claim compensation, unless the parties have expressly agreed otherwise in writing.
The delivery period begins when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from Boelou.
Exceeding the stated delivery time does not entitle the customer to compensation or to dissolve the agreement, unless Boelou is unable to deliver within 14 days after having been given written notice to do so, or unless the parties have agreed otherwise.

Article 14 - Actual delivery
The customer must ensure that actual delivery of the products ordered by them can take place on time.

Article 15 - Intellectual property
The intellectual property rights, including copyright, trademarks, software, databases, designs, drawings, patents and other rights, whether registered or unregistered, contained in the entrepreneur’s products, services and website content are and shall remain at all times the exclusive property of the entrepreneur and/or its licensors, as applicable. The consumer shall refrain from copying or exploiting the entrepreneur’s products and website content in any way without the entrepreneur’s express written consent.

Article 16 - Transport costs
Transport costs are borne by the customer, unless the parties have agreed otherwise.

Article 17 - Personal data
The business is responsible for processing the personal data provided by the consumer in connection with the agreement. The business processes the personal data in accordance with the provisions and principles of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 (the GDPR) and in accordance with its Privacy Policy, which is available on its website.

Article 18 - Packaging and Shipping
If the packaging of a delivered product has been opened or damaged, the customer must, before accepting the product, have the carrier or delivery person record this, failing which Boelou cannot be held liable for any resulting damage. If the customer arranges the transport of a product themselves, they must report any visible damage to the products or packaging to Boelou before transport, failing which Boelou cannot be held liable for any resulting damage.

Article 19 - Warranty

The warranty for products applies exclusively to defects caused by faulty manufacturing, construction, or materials.
The warranty does not apply in the event of normal wear and tear or damage resulting from accidents, modifications made to the product, negligence, or improper use by the customer, nor when the cause of the defect cannot be clearly established.
The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties passes to the customer when they are legally and/or physically delivered, or at least when they come into the customer's possession or that of a third party accepting the product on the customer's behalf.

Article 20 - Indemnification
The customer indemnifies Boelou against all third-party claims related to the products and/or services supplied by Boelou.

Article 21 - Complaints

The customer must inspect a product delivered or service provided by Boelou for any defects as soon as possible.
If a delivered product or provided service does not meet what the customer could reasonably expect under the agreement, the customer must notify Boelou as soon as possible, and in any event within 1 month after discovering the defects.
Consumers must notify Boelou of the defects no later than 2 months after discovering them.
The customer shall provide as detailed a description of the defect as possible, enabling Boelou to respond appropriately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint concerns ongoing work, this cannot in any event result in Boelou being required to perform work other than that agreed.

Article 22 – Customer’s Joint and Several Liability
If Boelou enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts they owe Boelou under that agreement.

Article 23 – Boelou’s Liability

Boelou shall be liable for damage suffered by the customer only if and insofar as that damage was caused by intent or conscious recklessness.
If Boelou is liable for any damage, it shall be liable only for direct damage arising from or related to the performance of an agreement.
Boelou shall never be liable for indirect damage, such as consequential loss, loss of profit, missed savings, or damage suffered by third parties.
If Boelou is liable, its liability shall be limited to the amount paid out under a professional liability insurance policy taken out for this purpose and, if an insurance company does not pay the full amount of the damage, liability shall be limited to the amount or portion of the invoice to which the liability relates.
All images, photographs, colors, drawings, and descriptions on the website or in a catalog are for illustrative purposes only, are approximate, and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Article 24 – Limitation Period
Any right of the customer to compensation from Boelou shall in any event lapse 12 months after the event from which the liability arises, directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Article 25 – Force Majeure

In addition to the provisions of Section 6:75 of the Dutch Civil Code, a failure by Boelou to perform any obligation towards the customer cannot be attributed to Boelou where it results from a situation beyond Boelou’s control, as a result of which performance of its obligations towards the customer is wholly or partially prevented or performance of those obligations cannot reasonably be required of Boelou.
The force majeure situation referred to in paragraph 1 shall include, but not be limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); breaches of contract and force majeure affecting suppliers, delivery personnel or other third parties; unexpected power, electricity, internet, computer and telecommunications outages; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages.
If a force majeure situation occurs as a result of which Boelou is unable to fulfil one or more obligations towards the customer, those obligations shall be suspended until Boelou is able to fulfil them again.
From the moment a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in whole or in part in writing.
In the event of force majeure, Boelou shall not owe any compensation whatsoever, including if it derives any benefit as a result of the force majeure situation.

Article 26 – Amendment of general terms and conditions

Boelou is entitled to amend or supplement these general terms and conditions.
Changes of minor importance may be implemented at any time.
Boelou shall, wherever possible, discuss major substantive changes with the customer in advance.
Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.

Article 27 – Transfer of rights

The customer's rights under an agreement between the parties may not be transferred to third parties without Boelou's prior written consent.
This provision constitutes a clause with effect under property law as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Article 28 – Consequences of nullity or voidability

If one or more provisions of these general terms and conditions prove to be null and void or voidable, this shall not affect the remaining provisions of these terms and conditions.
A provision that is null and void or voidable shall in that case be replaced by a provision that most closely reflects what Boelou intended when drafting the terms and conditions in that regard.

Article 29 – Applicable law and competent court

Only Dutch law shall apply to any agreement between the parties.
The Dutch court in the district where Boelou is established / conducts its practice / maintains its office shall have exclusive jurisdiction to hear any disputes between the parties, unless mandatory law provides otherwise.