1. General
1.1 These general terms and conditions apply to every offer from BNL Producten and to every agreement concluded between BNL Producten and the buyer. The conditions are accessible to everyone and included on the BNL Producten website. On request, we will send you a written copy.
1.2 By placing an order, you indicate that you agree with the delivery and payment terms. BNL Producten reserves the right to change its delivery and/or payment terms after the expiration of the term.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by BNL Producten.
1.4 BNL Producten guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery takes place while stocks last.
2.2 In accordance with the rules of distance selling, BNL Producten will execute orders within 7 working days, unless another delivery period has been agreed upon. If delivery within 7 days or the agreed delivery time is impossible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially executed, the buyer will be notified as soon as possible after placing the order and, in that case, has the right to cancel the order at no cost and without being in default.
2.3 BNL Producten' obligation to deliver will be fulfilled, barring evidence to the contrary, as soon as the goods delivered by BNL Producten have been offered to the buyer once. In case of home delivery, the carrier's report, stating refusal of acceptance, constitutes full proof of the offer to deliver.
2.4 All delivery times stated on the website are indicative. No rights can therefore be derived from the mentioned periods.
3. Prices
3.1 Prices will not be increased during the validity period of the offer, unless legal measures make this necessary or the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.
3.3 All prices on the site are in Euros and exclusive of 21% VAT.
4. Reflection Period / Right of Withdrawal
4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 working days with a stated reason. This period starts at the moment the ordered items are delivered. The buyer is obliged to notify BNL Producten in writing within 14 working days after receipt before returning the goods. If the buyer has not notified the use of the legal right of return within the reflection period of 14 days after receipt, the purchase is final.
During the reflection period, the consumer will handle the product and its packaging with care.
This means that only products in an undamaged and unopened state can be returned. If the buyer uses their right of withdrawal, they must return the product to the entrepreneur within 28 days after receipt, in accordance with the reasonable and clear instructions provided by the entrepreneur.
The buyer must prove that the delivered goods were returned on time, for example by providing proof of shipment. The return of goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered, or otherwise damaged, BNL Producten reserves the right to charge for depreciation. Subject to the provisions of the previous sentence, BNL Producten will refund the purchase price within 14 days after proper receipt of the return shipment or within 14 days after proof of return (the shipping receipt must explicitly state the contents of the return shipment). For the return of the entire purchase, the full purchase price, excluding any calculated shipping and/or payment costs, will be refunded to the buyer. For the return of only part of the purchases, only the purchase value of the returned items will be refunded. Additional costs resulting from a more expensive shipping method than the cheapest standard delivery will never be refunded. The return shipment of delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of withdrawal does not apply to:
- service agreements after full performance of the service and only when performance has begun with the express prior consent of the consumer and the consumer has acknowledged that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
- goods or services whose price is subject to fluctuations in the financial market that are beyond the supplier's control and that may occur within the withdrawal period;
- goods made to the consumer's specifications, such as custom-made items, or those that have a clearly personal character.
- products with a limited shelf life that expire during the 14-day reflection period.
- sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
5. Data Management
5.1 If you place an order with BNL Producten, your data will be included in the customer database of BNL Producten. BNL Producten adheres to the Personal Data Protection Act and will not provide your data to third parties.
5.2 BNL Producten respects the privacy of users of its website and ensures the confidential treatment of your personal data.
5.3 BNL Producten sometimes uses a mailing list. Every mailing contains instructions to remove yourself from this list.
6. Warranty and Compliance
6.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date the agreement is concluded.
6.2 Any arrangement offered as a guarantee by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert under the law and/or the distance contract in relation to a shortcoming in the performance of the entrepreneur's obligations.
6.3 If it appears that the delivered item is incorrect, defective, or incomplete, the buyer must report these defects in writing to BNL Producten within 2 months after discovery of the defect (before returning the item to BNL Producten). The return of goods must be in the original packaging (including accessories and accompanying documentation). Use after discovering the defect, damage arising after discovery of the defect, encumbrance, and/or resale after discovery of the defect will void the right to claim and return entirely.
6.4 If complaints from the buyer are found to be well-founded by BNL Producten, BNL Producten will, at its discretion, repair or replace the delivered goods free of charge. Any liability of BNL Producten for damage is limited to the invoice amount of the relevant goods, or (at BNL Producten' discretion) to the maximum amount covered by BNL Producten' liability insurance. Any liability of BNL Producten for any other form of damage is excluded, including additional compensation in any form, reimbursement of indirect or consequential damage, or damage due to lost profit.
6.5 BNL Producten is not liable for damage caused by intentional acts or equivalent deliberate recklessness by non-managerial personnel.
6.6 This warranty does not apply if: A) and as long as the buyer is in default towards BNL Producten; B) the buyer has repaired and/or modified the delivered goods themselves or had them repaired and/or modified by third parties; C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to BNL Producten' instructions and/or instructions on the packaging;
7. Offers
7.1 Offers are non-binding unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, BNL Producten reserves the right to withdraw the offer within 3 working days of receiving that acceptance or to deviate from it.
7.3 Oral promises bind BNL Producten only after they have been explicitly confirmed in writing.
7.4 Offers from BNL Producten do not automatically apply to repeat orders.
7.5 BNL Producten cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or clerical error.
7.6 Supplements, modifications, and/or additional agreements are only valid if agreed upon in writing.
8. Agreement
8.1 An agreement between BNL Producten and a customer is concluded after an order has been assessed by BNL Producten for feasibility.
8.2 BNL Producten reserves the right to refuse orders or assignments without providing reasons or to accept them only under the condition that the shipment is made cash on delivery or after prepayment.
9. Images and Specifications
9.1 All images; photos, drawings, etc.; data on weights, dimensions, colors, images of labels, etc., on the BNL Producten website are only approximate, are indicative, and cannot be a reason for compensation or dissolution of the agreement.
10. Force Majeure
10.1 BNL Producten is not liable if and insofar as its obligations cannot be fulfilled due to force majeure.
10.2 Force majeure is understood to mean any external cause, as well as any circumstance, which should not reasonably come at its risk. Delays or failures in performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in email traffic, and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of BNL Producten as well as auxiliary persons, illness of personnel, defects in auxiliary or transport means are explicitly considered force majeure.
10.3 In case of force majeure, BNL Producten reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part or to demand that the contents of the agreement be amended so that execution remains possible. Under no circumstances is BNL Producten obliged to pay any penalty or compensation.
10.4 If BNL Producten has partially fulfilled its obligations when the force majeure occurs or can only partially fulfill its obligations, it is entitled to separately invoice the part already delivered or deliverable, and the buyer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11. Liability
11.1 BNL Producten is not liable for damage caused to buildings or other objects arising from improper use of the products. Read the instructions in the technical data sheet, the relevant safety sheet, and/or consult our website before use.
12. Retention of Ownership
12.1 Ownership of all goods sold and delivered by BNL Producten to the buyer remains with BNL Producten as long as the buyer has not fulfilled the claims of BNL Producten under the agreement or previous or subsequent similar agreements, as long as the buyer has not performed the work performed or to be performed under this or similar agreements, and as long as the buyer has not fulfilled the claims of BNL Producten due to failure to comply with such obligations, including claims regarding fines, interest, and costs, as referred to in Article 3:92 of the Dutch Civil Code.
12.2 The goods delivered by BNL Producten that are subject to retention of ownership may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The buyer is not authorized to pledge the goods delivered under retention of ownership or to encumber them in any other way.
12.4 The buyer now unconditionally and irrevocably authorizes BNL Producten or a third party to be appointed by BNL Producten to enter all those places where its property is located and to take those goods there in all cases where BNL Producten wishes to exercise its ownership rights.
12.5 If third parties seize the goods delivered under retention of ownership or wish to establish or assert rights thereon, the buyer is obliged to inform BNL Producten of this as soon as can reasonably be expected.
12.6 The buyer undertakes to insure and keep insured the goods delivered under retention of ownership against fire, explosion, and water damage as well as against theft and to provide the insurance policy for inspection to BNL Producten upon first request.
13. Applicable Law/Competent Court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between BNL Producten and the buyer, which cannot be resolved amicably, will be submitted to the competent court in the district of East Brabant unless BNL Producten prefers to submit the dispute to the competent court of the buyer's residence and except for disputes that fall under the jurisdiction of the subdistrict court.
Version valid from 24-11-2017
