1.1 On all special offers, orders and agreements of the Shop these Terms and Conditions apply (hereafter named Conditions), excluding any other possible conditions. These Conditions have been deposited at the Chamber of Commerce Eindhoven under number 17045525.
1.2 Acceptance of a special offer or placement of an order signifies you agree with the applicability of these Conditions.
1.3 These Conditions can only be deviated from in writing, in which case all other terms remain in full force.
1.4 All rights and claims laid out in these Conditions and in any other agreements made on behalf of BCM BV, also apply to any third parties engaged by BCM BV.
2.1 An agreement can only be formed after acceptance of your order by BCM BV. BCM BV has the right to refuse an order or to apply certain conditions to the delivery, unless determined otherwise. Should an order not be accepted, BCM BV will inform the client within ten (10) working days after receiving the order.
3.1 All special offers of BCM BV are unbinding and BCM BV reserves the right to alter prices, especially when (legal) regulation necessitate this.
3.2 All prices are stated in Euros, including taxes and excluding shipping fees.
4. Return shipments
4.1 All products may be returned within 14 days after reception, on the condition that both parties have been in prior email contact. The Shop will inform the client of the address to which the return shipment may be sent. The seal or packaging of the products may not be broken and the products should be returned undamaged, according to distance selling law. If this aspect is not adhered to, unfortunately we will not be able to take the product back or return the payment.
4.3 In the exceptional case that a product is send which is not in agreement with the order, BCM BV reserves the right to replace the product by a new copy or return the payment. In this case BCM BV will pay the return shipping fee.
4.4 If you return a product, please follow these steps:
• In the confirmation email of the Shop, you can find the return address. Please take care to package the products carefully in such a way that avoids damage.
5.1 Should you fail to complete any payment, BCM BV reserves the right to suspend the agreement in question (or the execution of it) and any relating agreements; or to cancel them entirely.
5.2 Should the prices for the products and services offered rise in the time between the placement of your order and the execution of your order, you have the right to cancel the order or the agreement within ten (10) days after BCM BV has reported the price increase.
6.1 The delivery times given by BCM BV are only an indication. Surpassing any delivery term does not give you the right of compensation or the right to cancel your order or agreement, unless the violation of the delivery time is of such nature you cannot reasonably be expected to adhere to the agreement. In which case you have the right to cancel the order or agreement as necessary.
6.2 Delivery of products takes place at the location and time at which the products are ready for shipment to you.
7. Retention of title
7.1 Ownership of the delivered products is only transferred when you have paid in full any sums due to BCM BV on the grounds of any agreement. Any risks concerning the products will transfer to you at the time of delivery.
8. Reclamation and accountability
8.2 If it is proven the products do not meet the agreement, BCM BV reserves the option to replace the products concerned with the return of new products, or to return the invoiced amount of the products.
9. Electronic communication and proof
9.1 For any misinterpretation, distortion, delay, or failure to transmit information and messages as a result of the use of the Internet or any other means of communication in contact between the Client and BCM BV (or any third parties contacted by the Client), BCM BV will not be held accountable, unless in the case of premeditation or gross negligence on the part of BCM BV.
9.2 BCM BV’s administration is considered full proof of the existence, contents and execution of the agreement with the Client in any legal procedures, until counter proof from the other party, appealing to the fact that the proof is unreliable.
10. Force majeure
10.1 Undiminishing the other rights reserved by BCM BV, BCM BV reserves the right in case of force majeure/circumstances beyond its control, to suspend the execution of your order or to cancel your order without any legal intervention, as BCM BV sees fit; and will inform the Client of this in writing. BCM BV will not be liable to any damages, unless in all reasonableness and fairness it would be unacceptable to do so given the circumstances.
10.2 Circumstances beyond control/force majeure concerns any failure which cannot be attributed to BCM BV, because it is through no fault of BCM BV, nor at its expense by law, legal act or general practice.
11.1 If any of the terms in these Conditions or any other agreement with BCM BV should violate any applicable legal regulation, the clause in question will be voided and replaced by a new and comparable clause, composed by BCM BV and in accordance with legal regulations.
11.2 BCM BV reserves the right to use third parties in the execution of your order.
12. Applicable law and choice of forum
12.1 Dutch law applies to all rights, obligations, special offers, orders and agreements to which these Conditions apply; as well as to these Conditions itself.
12.2 Without prejudice, disputes between parties shall be adjudicated by a competent court in the Netherlands.