General Sales and delivery conditions
art. 1 Applicability
1 All offers from Bright Little Things are made subject to the applicability of these general delivery and payment conditions, both to the offer and its acceptance and to the agreement thus concluded.
2 All quotations are valid for 30 days, unless the quotation states otherwise.
3 The agreement is concluded as soon as the acceptance of the offer has been reached Bright Little Things; this acceptance must show that the buyer agrees with the applicable statement of these general delivery and payment conditions and that he, if necessary, waives an applicable statement of his own purchasing conditions.
4 If reservations or changes are made to the quotation in the acceptance, the agreement will only be concluded, contrary to the provisions of the previous paragraph, if Bright Little Things has notified the buyer that it agrees to these deviations from the quotation.
art. 2 Changes
1 Changes to the purchase agreement and deviations from these general sales conditions will only be effective if they have been agreed in writing or verbally between the buyer and Bright Little Things.
2 If changes lead to an increase or decrease in costs, a resulting change in the purchase price must be agreed between the parties in writing.
3 In the absence of agreement regarding the change in the purchase price, there is a dispute between the parties, on which art. 16 of these General Terms and Conditions of Sale applies.
Art. 3 Quality and description
1 Bright Little Things undertakes towards the buyer to deliver the goods in the description, quality and quantity as further described in the quotation (possibly amended later). The documentation and photos provided by Bright Little Things are only approximate.
2 Bright Little Things undertakes towards the buyer to deliver goods that: a are made of sound materials and are of a sound design; b are in all respects equal to any samples, or models, made available or provided by Bright Little Things and/or the buyer; c deliver the performance (capacity, efficiency, speed, finish, etc.) as described in the quotation.
3 Bright Little Things does not guarantee that the goods are suitable for the purpose for which the buyer wishes to use them, even if this purpose has been made known to Bright Little Things, unless the parties have agreed to the contrary.
Art. 4 Packing and Shipping
1 Bright Little Things undertakes towards the buyer to properly package the goods (unless the nature of the goods opposes this) and to secure them in such a way that they reach their destination in good condition during normal transport. The delivery and/or dispatch of the goods is at the risk and expense of the buyer, unless otherwise agreed. The costs of deviating packaging or urgent shipments are also at the expense of the buyer.
2 The goods will be delivered by Bright Little Things to, or will be sent for delivery to, the agreed place or places in the manner specified in the order or agreed afterwards. Bright Little Things has the option of having the goods delivered directly to the buyer by the manufacturer.
Art. 5 Storage
1 If, for whatever reason, the buyer is unable to take delivery of the goods at the agreed time and they are ready for shipment, Bright Little Things will, if its storage facilities allow it, store and secure the goods at the buyer’s request. and take all reasonable steps to prevent deterioration in quality until they are delivered to the purchaser.
2 The buyer is obliged to reimburse Bright Little Things for the storage costs according to Bright Little Things’ usual rate and, failing that, according to the industry-standard rate, from the time that the goods are ready for shipment, or, if that is a later time, from the delivery date agreed in the purchase agreement.
Art. 6 Transfer of ownership and risk
1 Subject to the provisions of paragraphs 2 and 4 of this article, the ownership of the goods will transfer the moment the buyer has paid the full amount of the purchase price.
2 As long as the buyer has not paid the full amount of the purchase price with any additional costs or has provided security for this, Bright Little Things retains title to the goods. In that case, the ownership will pass to the buyer as soon as the buyer has fulfilled all his obligations towards Bright Little Things. As long as the buyer has not fulfilled his payment obligation, the buyer is not entitled to place or encumber the goods in the hands of third parties.
3 If there is reasonable doubt at Bright Little Things about the payment capacity of the buyer, Bright Little Things is authorized to deliver goods pursuant to art. 4, paragraph 2, until the buyer has provided security for the payment. The buyer is liable for the damage suffered by Bright Little Things as a result of this delayed delivery.
4 If Bright Little Things at the request of the buyer in accordance with the provisions of art. 5 postpones the shipment, the goods will remain the property of Bright Little Things and remain at its risk until the goods have been delivered to the buyer and delivered at the location specified in art. 4 paragraph 2 place or places referred to.
Art. 7 Time of delivery
Bright Little Things will deliver the goods within 10 days if the destination is located within the Netherlands. This only concerns the standard products. This term is a guideline and not an obligation. This delivery period can be deviated from for whatever reason. Bright Little Things will inform the buyer of this. In the case of a special, the delivery term will take place in consultation with the buyer.
Art. 8 Force Majeure
1 The in art. 7 referred delivery term will be extended by the period during which Bright Little Things is prevented from fulfilling its obligations due to force majeure. Bright Little Things will inform the buyer of this.
2 Force majeure on the part of Bright Little Things exists if Bright Little Things is prevented, after the conclusion of the purchase agreement, from fulfilling its obligations under this agreement or in the preparation thereof as a result of war, the danger of war, civil war, terrorism, riot, molestation, fire, water damage, flooding, strike, occupation, lockout, import and export barriers, government measures, defects in machinery, disruptions in the supply of energy, all within the Bright Little Things company and at third parties, of whom Bright Little Things must obtain the required materials or raw materials in whole or in part, as well as during storage or during transport, whether or not under its own management, and furthermore arise through all other causes, through no fault or the sphere of risk of Bright Little Things.
3 If the delivery is delayed by more than two months due to force majeure, both Bright Little Things and the buyer are entitled to consider the agreement as terminated. In that case, Bright Little Things is only entitled to reimbursement of the costs incurred by it.
4 If the force majeure occurs while the agreement has already been partially performed, the buyer has the authority, if the remaining delivery is delayed by more than two months due to force majeure, to either keep the part of the goods already delivered and the purchase price owed for it. to pay, or to consider the agreement also terminated for the part already performed, subject to the obligation to return that which has already been delivered to Bright Little Things at the expense and risk of the buyer, if the buyer can demonstrate that the already delivered part of the goods can no longer be used effectively by the buyer as a result of the non-delivery of the remaining goods.
Art. 9 Warranty and complaints
1 Bright Little Things is liable to both the buyer and to buyers of the buyer for damage to and by the goods, occurring during the warranty period of two years, unless the damage is the result of the buyer or a buyer of his using the goods in violation of the instructions for use provided or otherwise makes a mistake in use. The warranty only covers defects that have arisen during the production process.
2 Bright Little Things’ liability is limited to free repair of a defective good or to replacement of that good or a part thereof, all this at the discretion of Bright Little Things, in any case up to the amount covered by the insurance. Bright Little Things is never liable for indirect damage or damage to third parties.
3 Complaints about the goods delivered by Bright Little Things must be reported to Bright Little Things by registered letter or email within 7 days of delivery. The complaint must be carefully described. Complaints do not suspend the buyer’s payment obligation.
Art. 10 Liability
1 If Bright Little Things should be liable, this liability is limited to what is included in this provision.
2 Bright Little Things’ liability is limited to compensation for direct damage in connection with defects in the delivered goods, up to the amount paid out by its insurer in the relevant case. Bright Little Things is not liable for damage that did not yet exist at the time that Bright Little Things delivered the product to the buyer
3 Bright Little Things is never liable for consequential damage and direct or indirect damage to third parties, as well as lost profit, lost savings and damage due to business interruption.
4 Bright Little Things is not liable for damage of whatever nature caused by Bright Little Things acting on the basis of incorrect and/or incomplete information provided by or on behalf of the buyer.
5 Bright Little Things is not liable for damage that has arisen or is caused by the (incorrect) use or incorrect installation of the delivered goods or by their unsuitability for the purpose for which the buyer has purchased.
Art. 11 Price and payment
1 The purchase price, expressed in euros excluding turnover tax, includes, in addition to the price for the goods, the costs of packaging and shipping costs, the buyer’s designated location within the Netherlands. Price increases that occur between the date of purchase and delivery may be passed on to the buyer by Bright Little Things up to a maximum of 10%. These price changes will be announced to the buyer 1 month in advance.
2 The buyer is obliged to pay the purchase price either in cash at the offices of Bright Little Things or into a payment account to be designated by Bright Little Things prior to delivery. The buyer is not authorized to deduct any amount from this purchase price due to a counterclaim made by him or if there are objections to the invoice. In the event of late payment by the buyer, Bright Little Things is entitled to charge 1% default interest.
3 If the buyer does not meet his payment obligations in time, nor does he comply with a notice of default with a term of one week, Bright Little Things is entitled to consider the purchase agreement as dissolved without judicial intervention. In that case, the buyer is liable for the damage suffered by Bright Little Things, including loss of profit, transport costs, and the costs of the notice of default.
4 If Bright Little Things proceeds to extrajudicial measures in the event of default by the buyer, the costs thereof will be borne by the buyer. These costs are calculated on the basis of Rapport Voorwerk II.
5 The buyer, who makes use of his right to store as referred to in art. 5, remains obliged to pay the purchase price at the time stated in paragraph 2.
Art. 12 Legal requirements
Bright Little Things guarantees that the design, composition, and quality of the goods that must be delivered on the basis of the order, meet in all respects all applicable requirements, which are stipulated in-laws and/or other government regulations. regulations are given in this regard, which are in force at the time of the conclusion of the purchase agreement. 2 The provisions of paragraph 1 also apply to the normal use of the goods.
Art. 13 Dissolution and cancellation of the agreement
1 Without prejudice to the provisions of art. 10 the purchase agreement will be dissolved without judicial intervention after a written statement at the time when the buyer is declared bankrupt, applies for a provisional suspension of payments, or a request from Bright Little Things, a natural person, is granted by the court until the declare the debt rescheduling scheme applicable, or lose the power to dispose of its assets or parts thereof by attachment, receivership or otherwise, unless the trustee in bankruptcy or administrator acknowledges the obligations arising from this purchase agreement as debt of the estate.
2 Due to the dissolution existing mutual claims become immediately due and payable. The buyer is liable for the damage suffered by Bright Little Things, including loss of profit and transport costs.
3 The buyer has the option to cancel the agreement with Bright Little Things in writing. If canceled up to four weeks before delivery, Bright Little Things will charge 50% of the invoice amount. In case of cancellation between four weeks and one week before delivery, Bright Little Things will charge 75% of the invoice amount. In case of cancellation from seven and less than seven days before delivery, Bright Little Things will charge the entire invoice amount.
Art. 14 Applicable law
This agreement is subject to Dutch law. The Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, Vienna 11 April 1980, Trb. 1981, 184 and 1986, 61), does not apply to this agreement.
Art. 15 Applicability of these terms and conditions
These general terms and conditions apply to all offers and acceptances on the part of Bright Little Things. Insofar as Bright Little Things would refer to other conditions in its offer or acceptance, the applicability thereof is expressly rejected.
Art. 16 Disputes
All disputes that may arise between the parties, as a result of their agreement or of further agreements and other acts in connection with this agreement, such as, for example, but not exclusively, wrongful acts, undue payments, and unfounded enrichments, will be settled by the Court in Amsterdam, except insofar as mandatory competency rules would stand in the way of this choice.
General Terms and Conditions Webshop
Article 1 – Definitions
In these conditions the following definitions apply:
Grace period: The period within which the consumer can make use of his right of withdrawal;
Artikel 2 – Identity entrepeneur
Bright Little Things;
Keizersgracht 276, 1016 EW Amsterdam;
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract and order that is concluded between the trader and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the general conditions will be sent free of charge as soon as possible before the distance contract is concluded.
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 may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
In case specific product- or service conditions apply in addition to these general 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 case of conflicting general conditions.
If one or more provisions in these general terms and conditions are null and void or annulled in part or in full at any time, the agreement and these 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 scope of the original provision as closely as possible.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Any lack of clarity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.
Artikel 4 – the offer
If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The Company cannot guarantee that the colors shown will exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price including taxes;
the possible costs of shipment;
the way in which the agreement will be brought about and which actions are required for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and implementation of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the size of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
any other languages besides Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of an extended transaction.
Artikel 5 – The agreement
The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures
The entrepreneur can – within legal frameworks – acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will send the consumer the following information together with the product, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Artikel 6 – Right of withdrawal
Upon delivery of products:
When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
When the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receiving the product. The consumer must make this known by means of the return form. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer has to prove that the delivered goods have been returned on time, for instance by means of proof of posting.
If, at the end of the periods specified in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Artikel 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of returning the goods.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received by the merchant or that conclusive proof of the return can be provided.
Artikel 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer from the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products
Exclusion of the right of withdrawal is only possible for services:
Artikel 9 – Price
During the validity period mentioned 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.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
The prices mentioned in the offer of products or services include VAT.
All prices are subject to misprints and printing errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints, the Entrepreneur is not obliged to deliver the product at the incorrect price.
Artikel 10 – Compliance and Warranty
The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer, based on the agreement, can assert against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. The entrepreneur 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.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of the entrepreneur and/or are treated on the packaging;
The defectiveness 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 materials used.
Artikel 11 – Delivery and execution
The company will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be communicated in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The cost of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and notified to the entrepreneur representative, unless otherwise expressly agreed.
Artikel 12 – Term transactions: duration, termination and renewal
Not applicable for Bright Little Things.
Artikel 13 – Payment
Artikel 14 – Complaints procedure
The entrepreneur shall have a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has found the defects.
Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. If no solution can be found, the consumer has the possibility to let his complaint be handled by the independent dispute commission appointed by Stichting WebwinkelKeur, the verdict of which is binding and both entrepreneur and consumer agree to this binding verdict. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Artikel 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.
Artikel 16 – Additional or different terms
Additional terms or terms that deviate 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 the consumer can store them in an accessible manner on a long-term data carrier.