General sales and delivery conditions
These general terms and conditions regulate the cooperation with Bianca Boes – Klok, trading under the names “Be Budding”, located at Noorderwerfstraat 19, 1156 AH Marken, The Netherlands, registered in the Chamber of Commerce of the Netherlands under number 87337738, VAT-ID number NL004399708B41, IBAN98KNAB0511241976, email info@bebudding.com (hereinafter referred to as ‘Be Budding’).
In addition, any legal relationship between Be Budding, or Bianca Boes – Klok and the Buyer, is governed by these general terms and conditions, possibly supplemented by specific terms and conditions, unless expressly deviated from these in writing.
These Terms null and void and replace all written or verbal contracts, proposals and undertakings relating to the same subject and which would precede the date of the agreement between the parties.
If one of these terms and conditions is not legally valid for whatever reason, the other terms and conditions will continue to apply in full.
ARTICLE 1. DEFINITIONS
In these Terms and Conditions, the following definitions apply:
– Be Budding or ‘we’: Be Budding, registered with the Chamber of Commerce under number 87337738, the user of these General Terms and Conditions.
– Offer: any non-binding offer from Be Budding as set out in Article 3.
– Order: any order placed via Be Budding.
– Buyer or ‘you/your’: natural or legal person who accepts an offer from Be Budding.
– Agreement: any acceptance of an Offer.
– Items: all material objects, such as books and card decks (hereinafter referred to as ‘the Products’) that are purchased via the webshop or through other means and which are the subject of an Agreement between the Buyer and Be Budding; and all digital courses and materials (hereinafter “the Services”) that are purchased via the webshop and that are the subject of an Agreement between the Buyer and Be Budding.
– Delivery: the actual handing over of the Items by or on behalf of Be Budding to the Buyer.
– Webshop: www.bebudding.com
ARTICLE 2. APPLICABILITY
These General Terms and Conditions apply to all Offers, Orders and Agreements, unless expressly indicated otherwise by Be Budding.
By placing an Order, you agree to the then current Terms and Conditions.
The Buyer is solely responsible for the correctness of all data that he or she provides. By placing an order or booking a service via the website, the Customer confirms to be a natural person, legally capable and at least 18 years old. Be Budding bears no responsibility whatsoever for orders placed by persons or entities that do not meet these criteria or for incorrect information provided by the Buyer.
ARTICLE 3. OFFERS, ORDERS AND AGREEMENTS
OFFERS
3.1 All Be Budding Offers are only an invitation to order Items. All prices and descriptions on the website, or referred to on the website, are subject to availability and do not constitute a binding Offer. An order placed by you constitutes an offer by you to Be Budding to purchase Items and is subject to Be Budding’s subsequent acceptance thereof. Be Budding’s acceptance of your order and the Agreement shall become effective at the time such order is either expressly accepted by Be Budding or accepted by Be Budding by sending all or part of the order. All Offers are subject to availability and valid during the term stated in the webshop. After an Offer’s term expires, you can no longer take advantage of the Offer.
ORDERS
3.2 You can place your Orders by following the procedure indicated on the webshop.
Be Budding does not accept Orders:
– From persons under the age of 18
– If Be Budding cannot find out whether the address you have provided is correct.
Be Budding reserves the right to refuse orders for reasons other than those mentioned above; In addition, Be Budding can attach special conditions to the execution of the agreement.
If Be Budding decides not to accept an Order or if it wishes to attach special conditions to the execution of the agreement, Be Budding will notify you within ten working days of receipt of the Order.
AGREEMENT
3.3 An agreement only becomes binding and enforceable after Be Budding has confirmed your order by e-mail.
ARTICLE 4. PRICES AND COSTS
4.1 The Item prices in this webshop at the time of placing your order are the prices that will apply.
4.2 Prices are in euros, including VAT, unless otherwise indicated or agreed.
4.3 Be Budding reserves the right to change the prices of the Items, especially if this is necessary as a result of matters beyond Be Budding’s control, such as legal requirements or fluctuations in the financial market.
4.4 Shipping costs depend on location and product and are indicated by Be Budding when making the offer.
4.5 The Buyer will be charged €15.00 in shipping costs if the order for a Product cannot be delivered due to circumstances within the Buyer’s control.
4.6 Be Budding reserves the right to charge shipping costs in other special circumstances indicated by Be Budding before placing your order.
ARTICLE 5. PAYMENT
5.1 The purchase price, including any additional costs, can be paid through various payment methods. However, Be Budding reserves the right to exclude certain payment methods.
5.2 Payments by the Buyer for Offers via the webshop are made immediately via one of the payment methods offered.
5.3 In case of agreements between the Buyer and Be Budding other than via the webshop, Be Budding will send an invoice within five working days after the agreement. These payments must be made within 30 days of the invoice date. If the Buyer fails to fulfill his payment obligation, he is not permitted to use or resell the Product. The Buyer must then immediately return the Product to Be Budding. The shipping costs are for the account of the Buyer.
5.4. Be Budding reserves the right to dissolve the Agreement if the Buyer does not meet the payment obligation.
CREDITCARD
5.5 By choosing to pay by credit card, you give Be Budding via Mollie Payments the right to check the validity of your credit card and to check whether your credit limit is sufficient for payment of the purchase amount and to reserve the purchase amount.
5.6 Payment by credit card is made immediately after the Items ordered by you have left our warehouse. At that time, Mollie Payments will debit the amount from your credit card on behalf of Be Budding via a secure method.
ARTICLE 6. DELIVERY
6.1 Be Budding delivers the purchased Items as soon as possible to the (e-mail) address that you specified when placing your order. If an order accepted by Be Budding cannot be delivered or cannot be delivered in its entirety, Be Budding will inform you of this within five working days after the order has been placed. In that case, Be Budding is entitled to dissolve the agreement.
6.2 The delivery times stated in the webshop are only an indication. If the delivery time cannot be maintained, you will be notified by e-mail within 5 working days.
6.3 Delivery times for orders placed with Be Budding other than via the webshop are communicated in writing by Be Budding to the Buyer per Agreement.
6.4 Products will be delivered by post or by an external transport company at Be Budding’s discretion. ]
6.5 The transfer of risk of the goods takes place at the time of conclusion of the contract in the case of standard shipping. From that moment on, the Buyer bears the risk.
6.6 Be Budding is not liable for damage or destruction of documents and data in general and during transport or during transmission by post or e-mail, regardless of whether the transport or transmission is by or on behalf of you, Be Budding or third parties.
6.7 Be Budding is not liable for any damage in the event of later delivery.
6.8 The Buyer indemnifies Be Budding against all claims from third parties (including intellectual property of the material supplied) which are directly or indirectly, indirectly or directly related to the execution of the agreement.
6.9 Be Budding is not responsible for any additional customs duties and VAT charged to the Buyer by a relevant (government) authorities when shipping within or outside the EU.
ARTICLE 7. OWNERSHIP OF THE ITEMS
7.1 The Items delivered to you remain the property of Be Budding until you have paid all outstanding amounts to Be Budding.
7.2 Access to online courses is personal. You may not share login details or course materials with others.
7.3 You can only participate in a course after payment. You will receive the access code or link and the invoice within five working days by e-mail, after the entire amount due has been paid.
ARTICLE 8. RETURNS
8.1 A withdrawal period of fourteen days after receipt of the items(s) applies to the purchase of Products. Within this period you can return the Products without giving reasons. Please note that this only applies to unused, undamaged Products. The Products must be returned in their original condition and packaging.
8.2 If you choose to return a Product, the shipping costs are for the Buyer.
8.3 Be Budding will refund the purchase price of the Products minus the shipping costs of returned Products within ten working days of receipt.
8.4 When purchasing Services (delivery of digital content), the withdrawal period of fourteen days does not apply. By selecting ‘order and pay’ you request immediate access, so you do not have a period in which you can cancel the purchase.
ARTICLE 9. INCORRECT DELIVERY
9.1 You are obliged to check delivered Products upon receipt. If the Products deviate from what you have ordered, you must immediately report this in writing to Be Budding’s customer service.
9.2 Incorrect Products must be returned immediately upon receipt, with a description of the reason.
9.3 In the event that we determine that the delivery is indeed incorrect, we will refund the return shipping costs to you.
9.4 The Services require you to have a good internet connection.
9.5 Be Budding is not liable for damage or missed Services and/or Products because you do not have the correct equipment or internet connection or have provided incorrect (e-mail) address details.
ARTICLE 10. OTHER TERMS
10.1 In the event that one or more provisions of these General Terms and Conditions or any other agreement with Be Budding conflict with applicable legal regulations, the relevant provision will be replaced by a valid and enforceable provision that corresponds as closely as possible to Be Budding’s original provision .
10.2 Be Budding reserves the right to change these General Terms and Conditions.
10.3 The General Terms and Conditions as shown in this webshop at the time of conclusion of an Agreement apply to such Agreement. You can print these from the webshop during or prior to the ordering procedure.
10.4 Be Budding can never be held liable for any damage, whether physical, material or immaterial, which would be the result of faulty functioning or incorrect use of the Items sold by Be Budding to the Buyer.
10.5 Be Budding is not liable for direct or indirect damage, including stagnation in personal life or business, loss of income and consequential damage, in any way related to the delivered Items. The Buyer has the choice whether or not to apply knowledge from the Items. Be Budding is not liable for the consequences of that choice, how the Buyer applies it and the possible consequences or damage.
ARTICLE 11. QUESTIONS AND COMPLAINTS
11.1 If you have a complaint about Items that you have purchased, you can contact Be Budding at the e-mail or postal address stated in the privacy conditions of the webshop. For questions about your orders or Items, please contact Be Budding.
ARTICLE 12. GOVERNING LAW
12.1 These general terms and conditions and all agreements or other legal obligations between the parties are governed by Dutch law. The Dutch court has exclusive jurisdiction in the event of a conflict under these Terms and Conditions or otherwise.
Be Budding, October 2022