Terms and conditions Bufandy
Article 1 Definitions
1.1 Bufandy: the user of these terms and conditions. Bufandy has its registered office in Amsterdam and is registered with the Chamber of Commerce under number 57190402.
1.2 Customer: a natural or legal person who concludes an Agreement with Bufandy.
1.3 Consumer: a Customer as referred to in Article 1.2, who does not act in the exercise of profession or business.
1.4 Bufandy website: the Bufandy website. To be reached via www.bufandy.com.
1.5 Products: the most comprehensive definition of a good.
1.6 Agreement: a Distance Contract in which the Customer uses a Bufandy system organized by Bufandy for distance selling of Products at Bufandy and where up to and including the conclusion of the Agreement exclusive use is made of one or more means of distance communication.
1.7 Cooling-off period: a period of fourteen (14) days during which a Consumer has the possibility to realize the dissolution of the purchase via the Right of Withdrawal.
1.8 Right of withdrawal: the possibility for a Consumer to return these Products to Bufandy after receiving the Product (s) ordered by him, and to recover the purchase price.
Article 2 General provisions
2.1 Provisions in these general terms and conditions that apply to a Customer are applicable to a Consumer, unless expressly stated otherwise.
2.2 These conditions apply to all offers and to all Bufandy Agreements that extend to the sale of Products.
2.3 Any purchase conditions used by the Customer are explicitly rejected, and therefore do not apply to Agreements entered into with Bufandy.
2.4 If one or more provisions in these general terms and conditions are wholly or partially invalid or may be annulled, the other general terms and conditions will remain fully applicable.
2.5 The contents of this site as well as the content of all other utterances of Bufandy on the Internet have been compiled with the utmost care. However, Bufandy can not give any guarantees regarding the nature, correctness or content of this information. Bufandy is not liable for any errors or inaccuracies, or for the consequences of the use of the relevant information.
Article 3 Offers
3.1 With the Products offered on the website of Bufandy Product Specifications are listed as well as the price in Euros of the Product including VAT. Shipping costs are shown before or during the conclusion of the Agreement.
3.2 The Products offered on the website of Bufandy contain the most accurate and truthful description and / or illustration of the offered Product.
3.3 If in the descriptions and / or images described in article 3.2 in reality differ, Bufandy in no way liable for compensation to the Customer. The Consumer shall at all times retain his right to his Right of Withdrawal as specified in Article 6.1.
3.4 Bufandy provides the Customer with information about the expected delivery time of the Product, this term is only indicative.
3.5 Any applicable import duties or other levies that are due are always at the expense of the Customer.
Article 4 Establishment of an Agreement
4.1 Agreements are concluded after the Customer has accepted an offer issued by Bufandy and Bufandy has confirmed the conclusion of an Agreement.
4.2 An Agreement is also concluded if Bufandy commences the delivery of Products to the Customer after a Customer has placed an order via the Bufandy Website.
4.3 Bufandy is always free, without giving reasons, not to accept an offer accepted by a Customer. If the Customer has already made a payment to Bufandy, Bufandy will immediately refund this amount to the Customer after refusal.
Article 5 Delivery
5.1 After the conclusion of an Agreement, Bufandy will offer the ordered Products as soon as possible for transport. The costs of the transport are indicated during the conclusion of an Agreement.
5.2 Bufandy will attempt to make delivery within three (3) working days.
5.3 If Bufandy is unable to deliver the Product ordered by a Consumer within thirty (30) days, a Consumer may dissolve the Agreement.
Article 6 Return of Products
6.1 After receipt of the ordered Products, a Consumer has fourteen (14) days to return the ordered Product to Bufandy without stating reasons on the grounds of his Right of Withdrawal.
6.2 Bufandy will, after receipt of the Product, return the invoice value of the Product to the Consumer within thirty (30) days.
6.3 If a Consumer uses his Right of Withdrawal, the risk of the return shipment and the shipping costs will be for the account of the Consumer.
6.4 From the moment of receipt of the Products, the Consumer must take all appropriate measures to prevent damage to the Product and / or packaging.
6.5 Products that have been damaged by the Customer will never be taken back by Bufandy.
6.6 The Right of Withdrawal is excluded for Products that are manufactured according to personal preference of the Consumer or have an expiration date. A Consumer can not also invoke his Right of Withdrawal if the ordered Product is subject to a further exception of article 7: 46d (4) Dutch Civil Code.
Article 7 Conformity
7.1 The Customer must check the delivered Products immediately upon receipt. Any defective Products must be reported to Bufandy immediately after discovery and no later than within a period of seven (7) days.
7.2 A guarantee period of three (3) months is due to products delivered by Bufandy.
7.3 The delivered Products are made of materials whose durability depends on several factors. Wear resulting from use, improper handling, shrinkage and discolouration are therefore not covered by the warranty as referred to in this article.
7.4 Any complaints about the delivered Products must be reported to Bufandy by the Customer, after which Bufandy will handle the complaint.
7.5 If complaints about Products are declared well-founded by Bufandy, the Customer will be offered a replacement Product or refund of the invoice value of the Product, at the option of Bufandy.
7.6 The Customer is not entitled to warranty as described in this article if it is established that the lack of a Product has arisen due to the Customer.
Article 8 Payment
8.1 Payment must be made during the conclusion of an Agreement via the payment options offered on the Website.
8.2 In the event of overdue payment, Bufandy is entitled to terminate the Agreement with immediate effect or to suspend (further) delivery until the moment the Customer has fully complied with the payment obligations, including the payment of interest and costs owed.
8.3 Any inaccuracies in the invoicing must be reported directly to Bufandy by the Customer, after which Bufandy will correct the amount.
8.4 Inaccuracies in the invoicing do not release the Client from any payment obligations or other obligations laid down in these conditions.
Article 9 Reservation of ownership & intellectual property
9.1 The Products delivered by Bufandy remain the property of Bufandy until the Customer has properly fulfilled all obligations under the Contract concluded with Bufandy. The Customer may not tax, sell, dispose of or otherwise encumber Products before the property has been transferred.
9.2 In the event that Bufandy invokes the retention of title, the relevant Agreement shall be deemed to have been dissolved, without prejudice to Bufandy's right to claim compensation for damage, lost profits and interest.
9.3 The contents of the Bufandy website, including but not limited to: the texts, images, design, brands and domain names, are the property of Bufandy and are protected by copyright and intellectual or industrial property rights under the applicable law. Users of the website are not permitted to reproduce the website or any part thereof or make it available without the permission of Bufandy.
Article 10 Force majeure
10.1 Bufandy is not obliged to fulfill any obligations towards the Customer if he is prevented from doing so as a result of a circumstance that is not due to his fault, nor under the law, a legal act or generally accepted for his account.
10.2 Bufandy can suspend the obligations under the Agreement during the period that the force majeure continues. If the force majeure lasts longer than a period of thirty (30) days, both the Customer and Bufandy are entitled to dissolve the Agreement, without any obligation to compensate the damage suffered by the other party.
Article 11 Liability
11.1 If Bufandy is held liable, any liability is limited to a maximum of the invoice value of the Agreement.
11.2 Bufandy is only liable for direct damage. Direct damage should only be understood as:
the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions.
any reasonable costs incurred to have the faulty performance of Bufandy comply with the Agreement, to the extent that these can be attributed to Bufandy.
reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to limitation of direct damage as referred to in this article.
11.3 Bufandy excludes any liability for indirect damage suffered by the use of the Products delivered by Bufandy, with the exception of situations in which the damage is directly attributable to intent or gross negligence on the part of Bufandy, its management and / or management staff.
11.4 Bufandy is in any case never liable for the following damage items: consequential loss, lost profit, missed savings and damage due to business stagnation.
Article 12 Applicable law and disputes
12.1 Dutch law is exclusively applicable to all legal relationships to which Bufandy is a party.
12.2 The Customer and Bufandy will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
12.3 Unless rules of mandatory law prescribe otherwise, in the first instance only the judge in Amsterdam is competent to hear disputes between Bufandy and the Customer.