Terms & Conditions
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: The period within which the consumer can exercise their right of withdrawal;
Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: Calendar day;
Long-term transaction: A distance contract concerning a series of products and/or services, with the delivery and/or purchase obligation spread over time;
Durable medium: Any device that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: The option for the consumer to cancel the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person offering products and/or services remotely to consumers;
Distance contract: A contract concluded within a system organized by the entrepreneur for the distance selling of products and/or services, where exclusive use is made of one or more techniques for remote communication up to and including the conclusion of the contract.
Technique for remote communication: Means that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.
General Terms and Conditions: These present the General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Boobreeze
Westplein 12
3016 BM Rotterdam
Email: info@boobreeze.com
Chamber of Commerce number: 72194553
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order between entrepreneur and consumer.
Before a distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the terms can be inspected and that they will be sent free of charge at the consumer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the location where the terms can be accessed electronically will be indicated, and they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always rely on the most favorable provision in the event of contradictory conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or voided, the rest of the contract and these terms shall remain in effect. The voided provision will be replaced in mutual consultation by a provision that approximates the original intent as closely as possible.
Situations not regulated by these general terms must be assessed in the spirit of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions should be explained in the spirit of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated.
The offer is non-binding. The entrepreneur reserves the right to change or amend the offer.
The offer includes a complete and accurate description of the products and/or services. The description is sufficiently detailed to allow a proper evaluation of the offer by the consumer. If the entrepreneur uses images, they represent the offered products and/or services truthfully. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement.
Product images reflect the offered products truthfully. The entrepreneur cannot guarantee that the displayed colors exactly match the actual product colors.
Each offer contains sufficient information so that the consumer is aware of the rights and obligations attached to accepting the offer, including:
- The price includes taxes.
- possible shipping costs;
- The way the contract will be concluded and which actions are required.
- Whether the right of withdrawal applies;
- Method of payment, delivery, and execution of the contract;
- The period during which the offer is valid or the entrepreneur guarantees the price;
- The rate for remote communication is different from the basic rate.
- Whether the agreement will be archived and, if so, how it can be accessed by the consumer;
- The way the consumer can check and correct information provided under the agreement.
- available languages besides Dutch in which the agreement can be concluded;
- The codes of conduct the entrepreneur is subject to, and how these can be accessed electronically;
- The minimum duration of the distance contract in the case of a long-term transaction.
Optional: Available sizes, colors, and types of materials.
Article 5 – The Contract
The agreement is concluded when the consumer accepts the offer and meets the stipulated conditions.
If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of acceptance electronically. As long as this confirmation is not received, the consumer may cancel the agreement.
If the contract is concluded electronically, the entrepreneur takes appropriate security measures and provides a secure web environment. If electronic payment is possible, the entrepreneur ensures suitable safety protocols.
The entrepreneur may, within the law, verify whether the consumer can meet payment obligations and investigate relevant factors for a responsible distance contract. If there are legitimate grounds not to proceed, the entrepreneur may refuse the order or impose special conditions.
The entrepreneur will send the following information with the product or service:
- The address of the entrepreneur’s office for complaints.
- The conditions and method of exercising the right of withdrawal, or a clear statement if this right is excluded;
- Warranty information and after-sales service;
- The data from article 4(3), unless this was already provided;
- Cancellation requirements for contracts longer than one year or of indefinite duration.
For long-term transactions, the above applies only to the first delivery.
Each contract is made under the condition of sufficient product availability.
Article 6 – Right of Withdrawal
For product purchases, the consumer may cancel the contract within 14 days without giving reasons. The period starts the day after receipt by the consumer or an appointed representative.
During the reflection period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to assess whether to keep it. If invoking the right of withdrawal, the product must be returned in its original condition and packaging with all supplied accessories, as reasonably possible.
The consumer must notify the entrepreneur of withdrawal within 14 days of receiving the product via written message/email. After this, the consumer has another 14 days to return the product.
Failure to notify or return within the specified timeframes confirms the purchase.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, return costs are at the consumer’s expense.
If payment was already made, the entrepreneur refunds the amount as soon as possible, but no later than 14 days after the withdrawal, provided the product has been received or sufficient proof of return is submitted.
Article 8 – Exclusion of Right of Withdrawal
The right of withdrawal can be excluded for products/services listed below, provided this was clearly stated before contract conclusion:
Products:
- Made to consumer specifications;
- Clearly personal in nature;
- Not suitable for return due to its nature.
- Chat spoils or ages quickly.
- With price is dependent on financial market fluctuations.
- Individual newspapers or magazines.
- Audio/video recordings or software with broken seals.
- Hygiene-sensitive items with broken seals.
Services:
- Related to accommodation, transport, restaurant or leisure for specific dates.
- Started with the consumer’s explicit consent before the cooling-off period ended
- Concerning bets and lotteries.
Article 9 – The Price
During the offer validity period, prices will not increase, except for VAT changes.
Price fluctuations in financial markets beyond the entrepreneur’s control may justify variable prices, clearly stated as such in the offer.
Price increases within 3 months of the agreement are only allowed due to legal requirements.
Price increases after 3 months are allowed only if stipulated and:
- Based on legal provisions; or
- The consumer can cancel as of the date the increase takes effect.
All prices are subject to printing and typographical errors. No liability for such errors. In such cases, the entrepreneur is not obliged to deliver at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products/services conform to the contract, the offer specifications, and applicable legal standards at the time of the agreement. Agreed, suitability for non-standard use is guaranteed where applicable.
Any manufacturer/importer warranties do not affect legal rights.
Defects or incorrect deliveries must be reported within 14 days. Returns must be in original packaging and condition.
Warranty is equal to the factory warranty. The entrepreneur is not responsible for fitness for specific consumer purposes or advice on use.
Warranty is void if:
- The product was altered or repaired by the consumer or a third party.
- Damage occurred due to abnormal use or carelessness.
- Legal requirements affected product quality.
Article 11 – Delivery and Execution
The entrepreneur takes the utmost care in processing orders. Delivery is at the consumer’s risk.
The delivery address is what the consumer provides.
Orders are fulfilled within 30 days unless a longer term was agreed upon. If delayed, the consumer will be notified within 30 days and may cancel the contract free of charge.
Upon cancellation, refunds will be processed within 14 days.
If delivery is impossible, a replacement item may be offered, clearly marked as such. Right of withdrawal remains applicable. Return costs for such items are the entrepreneur’s responsibility.
Risk of damage/loss transfers to the consumer upon delivery unless otherwise agreed.
Article 12 – Long-Term Transactions: Duration, Termination, Renewal
Termination
The consumer can cancel indefinite contracts involving regular delivery of goods/services with a maximum notice period of one month.
Fixed-term contracts can also be terminated at the end of the term with no more than one month's notice.
Cancellation must be possible:
- At any time;
- Using the same method as the agreement conclusion;
- With the same notice period as the entrepreneur uses.
Renewal
Fixed-term contracts may not be automatically renewed, except:
- Newspapers/magazines for up to 3 months, with one-month notice;
- For indefinite renewal, only if the consumer can cancel at any time with max one month's notice.
Trial subscriptions end automatically unless stated otherwise.
Duration
If a contract lasts over one year, the consumer may cancel after one year with a maximum of one month's notice unless unreasonable.
Article 13 – Payment
Unless agreed otherwise, payments must be made within 7 working days after the cooling-off period (article 6.1). For services, this starts after confirmation.
The consumer must report payment errors promptly.
In case of non-payment, reasonable pre-notified costs may be charged.
Article 14 – Complaints Procedure
Complaints about contract execution must be submitted within 7 days after defects are discovered, clearly described.
The entrepreneur will respond within 14 days. If more time is needed, a receipt notice and resolution timeline will be provided.