Article 1. Applicability
1.1 These General Terms and Conditions of Sale (hereinafter: ‘Terms and Conditions') shall apply to the exclusion of any other general terms and conditions to all offers, orders and agreements of The Boumy Business bv (hereinafter: ‘Boumy'). These Terms and Conditions can be sent by us on request.
1.2 Accepting an offer or placing an order shall mean that you accept the applicability of these Terms and Conditions.
1.3 The provisions in these Terms and Conditions may only be deviated from in writing, in which case the other provisions shall remain in full force.
1.4 All rights and claims stipulated in these Terms and Conditions and in any other agreements for Boumy's benefit shall likewise be stipulated for the benefit of intermediaries and other third parties engaged by Boumy.
1.5 These Terms and Conditions shall apply to consumer orders received through one of Boumy's website addresses, such as www.boumy.com, or received and accepted by Boumy in writing in any other manner.
Article 2. Offers / agreements
2.1 All of Boumy's offers shall be without obligation, and Boumy shall expressly reserve the right to change prices, in particular, if necessary under statutory or other requirements. See also Article 3.6.
2.2 An agreement shall only be concluded after Boumy accepts your order. Boumy shall be entitled to refuse orders or attach certain conditions to delivery, unless expressly stated otherwise. If an order is not accepted, Boumy shall indicate this within ten (10) working days after receiving the order.
Article 3. Prices and payments
3.1 Unless otherwise stated or agreed on in writing, the prices stated for the products and services offered shall be in euros, including VAT and excluding handling and shipping costs, any taxes or other levies.
3.2 Payment must be made prior to delivery without discount or set-off. If deliveries within the Netherlands are involved, payment shall be made through a one-off direct debit or a bank transfer. If deliveries outside the Netherlands are involved, payment shall be made through selected credit cards or a bank transfer. The intermediary company is DocData Payment Services.
3.3 If a payment is reversed for whatever reason at a later date after receipt by Boumy and delivery has been made in the meantime, this shall never discharge the party making the order from its payment obligation unless the goods are returned in original state and within the legal viewing period.
3.4 If, after a written demand by Boumy, a payment is still not received by Boumy within five working days, you shall owe EUR 20 in administrative costs. If Boumy contracts out its claim for collection, you shall also owe the out-of-court collection costs actually incurred.
3.5 If you fail to make any payment, Boumy shall be entitled to suspend or rescind the agreement concerned and related agreements (or the performance thereof).
3.6 If the prices for the products and services increase in the period between the order and the execution thereof, this price increase shall not be passed on, except for price changes resulting from changes in VAT rates or other taxes or levies.
Article 4. Delivery / approval period
4.1 The delivery dates stated by Boumy shall merely be indicative. You shall not be entitled to any damages if a delivery date is exceeded, nor shall you be entitled to cancel the order or rescind the agreement, unless the delivery date has been exceeded in such a way that you cannot reasonably be expected to maintain the agreement. In that case, you shall be entitled to cancel the order or rescind the agreement insofar as necessary.
4.2 Delivery of the products shall occur at the location where and time when the products are ready for shipment to you.
4.3 The buyer is entiteld to exchange the article for another similar item. The return postage cost will be borne by buyer. The Boumy Business will accept the postage charges for resending the exchanged item only once. This rule only applies within the EU territory. For countries outside the EU the course of action will be decided on a case by case basis. The decision of The Boumy Business is leading.
4.4 Purchases made from the category 'Special Offers' may only be exchanged after collection of all postage costs. In case you want to return the goods in view of the legal view period, restitution of the purchase price will be made minus the original postage cost plus DocData Payment Services commission (€ 1,50 per pair).
Article 5. Retention of title
5.1 If you already owe an amount to Boumy under any agreement, title to delivered products shall not be transferred until you have paid that amount. The risk regarding the products shall already be transferred to you at the time of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must respect all intellectual and industrial property rights attached to the products delivered by Boumy in full and unconditionally.
Article 7. Complaints and liability
7.1 Upon delivery, you are obliged to inspect the products to determine whether or not they comply with the agreement. If this is not the case, you must inform Boumy in writing, stating reasons, as soon as possible and, in any event, within seven (7) working days after delivery, or at least after discovery was reasonably possible.
7.2 If it is demonstrated that the products do not comply with the agreement, Boumy shall have the option of replacing the products concerned with new products in exchange for return of the products or refunding the invoice amount of the products.
7.3 If you do not wish to take possession of a product for any reason, you shall be entitled to return the product to Boumy within seven (7) working days after delivery. Return shipments shall only be accepted in this case if the product and packaging have not been damaged, with the return shipment costs being borne by you as well.
7.4 Return shipments with insufficient postage shall not be accepted.
7.5 The return shipments accepted by Boumy shall be replaced with a substitute product, or the original invoice amounts refunded, as soon as possible. Refunds shall be given within 30 days.
7.6 Boumy shall conditionally warrant the quality of the products delivered by it for the period of eight (8) weeks after delivery. The warranty shall cover holes in the leather occurring prematurely, stitches and seams coming loose and colour migration. This warranty shall not apply to general wear and tear of the leather surface and excessive wear and tear as a result of crawling/walking on a rough surface. Every claim for premature wear and tear shall be assessed reasonably by Boumy before deciding on compensation.
7.7 Boumy shall not assume any liability whatsoever for damage claims or consequential damage in whatever capacity substantiated as a result of the use of its products by consumers or third parties.
Article 8. Orders/communication
8.1 Boumy shall not be liable for misunderstandings, mutilation, delays or improper transmission of orders and messages resulting from the use of the Internet or any other means of communication in dealings between you and Boumy, or between Boumy and third parties, insofar as pertaining to the relation between you and Boumy, unless and insofar as there has been an intentional act/omission or gross negligence on Boumy's part.
Article 9. Force majeure
9.1 Without prejudice to the other rights it has, Boumy shall, in the case of force majeure, be entitled, at its option, to suspend execution of your order or rescind the agreement without court intervention, by informing you of this in writing and without Boumy being obliged to pay any damages, unless, in the given circumstances, this would be unacceptable according to the principles of reasonableness and fairness.
9.2 ‘Force majeure' shall mean any breach which cannot be attributed to Boumy, because it is not at fault, and for which it does not bear responsibility pursuant to law, acts intended to have legal effect or generally accepted standards.
Article 10. Miscellaneous
10.1 If you provide your address to Boumy in writing, Boumy shall be entitled to send all orders to that address, unless you indicate in the written statement another address where your orders should be sent.
10.2 Even if deviations from these Terms and Conditions have been permitted by Boumy, whether tacitly or not, for a short or long time period, this shall not affect its right to still demand immediate and strict compliance with these Terms and Conditions. You may never assert any right based on the fact that Boumy has applied these Terms and Conditions in a lenient manner.
10.3 Should one or more of the provisions of these Terms and Conditions or any other agreement with Boumy be contrary to any applicable legal requirement, the provision concerned shall cease to have effect and shall be replaced with a new, similar provision permissible at law to be determined by Boumy.
10.4 Boumy shall be entitled to utilise third parties in executing your order(s).
Article 11. Applicable law and competent court
11.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions themselves, shall be governed solely by Dutch law.
11.2 All disputes between the Parties shall exclusively be brought before the competent court in the Netherlands.