1. SCOPE OF APPLICATION
1.1 The terms and conditions mentioned below apply for the usage of the website www.bundleboon.com as deliveries, services, and contracts conducted with Bundleboon.
1.2 These terms and conditions exclusively bind and authorize consumers. A consumer as defined by the below-mentioned regulation is every natural person entering into an agreement for reasons which are predominantly of neither commercial nor self-employed character. Consumers will subsequently also be referred to as ‘customers’.
2.1 Bundleboon offers a styling service that gives you access to children’s clothing and accessories (“products”) from a third party supplier. Based on the information provided by the parent (“customer”), Bundleboon assembles outfits for the child, which consist of several items of clothing, and sends it to the customer.
The responsibility of assembling the outfit lies exclusively with Bundleboon. After receiving the articles, a contract of purchase is validated only when the customer accepts the articles (tentative purchase following paragraphs 4.1 to 4.4). The customer hereby agrees that Bundleboon will assemble an individual selection of items and send it to the customer.
2.2 Bundleboon reserves the right to continuously update and adjust individual functionalities of its service, and, if necessary, limit them.
2.3 Bundleboon reserves the right to change these terms and conditions at any time by deleting, replacing, or supplementing sections. Every order is subject to the terms and conditions which are valid from the effective date unless a mandatory change of these terms for legal or regulatory reasons becomes inevitable (in this case the most recent version of the terms will also apply to orders placed before they came into effect).
3. Signing up
3.1 For usage of Bundleboon’s online-based services, it is necessary to register in Bundleboon’s online platform. The customer must enter a valid email address when registering and must provide valid contact information, as well as shipping information. It is the customer’s sole responsibility to make sure that no rights of others are violated in this process. The customer is obliged to keep his or her personal login credentials confidential and prevent unauthorized third parties from accessing them. You must be at least 18 years old to be a customer. If we later discover or suspect that a customer under 18 years old has requested an order, we reserve the right to take steps to cancel that request.
3.2 Registration is free of charge. Bundleboon can tie registration to additional requirements (e.g data check). The parent (“customer”) is obliged to disclose the given information accurately when registering. While holding an active membership at Bundleboon, regardless of successful registration, no legal claim for usage of the services offered inherently exists.
3.3 The customer is obliged to provide a valid payment method and contact information for Bundleboon. Bundleboon is entitled to send relevant statements for the customer to the given contact information unless a more binding form of communication is legally or contractually specified.
3.4 The customer authorizes Bundleboon to contact the customer for the settling of a contact via email or any other means of communication.
3.5 The customer is only authorized to use the online-based services provided by Bundleboon via internet browsers or via software provided by Bundleboon.
3.6 It is prohibited to copy or otherwise make use of content from Bundleboon web pages without prior approval by Bundleboon.
- TYPES OF USERS
You may browse the site; www.bundleboon.com as a “visitor” or you may create an account (“account”) and register with Bundleboon to become a “customer”.
- CONCLUSION OF CONTRACT
5.1 A purchase contract on trial in accordance with § 454 BGB is subject to the condition of approval by the customer. A contract on trial is set in effect by way of offer and acceptance.
5.2 An offer to buy is set by the customer when dispatching an order by activation of the relevant button. This offer is binding for the customer for four weeks. Bundleboon reserves the right to ask first-time customers for a down-payment of €100 that is to be paid before any items are shipped, and to refuse customers’ offers without stating reasons for doing so. Mailing of a confirmation by Bundleboon does not constitute an acceptance of this purchase offer. It only serves as a confirmation of receiving the order. The offer is accepted by Bundleboon, when this acceptance has been stated (via email) to the customer or when Bundleboon ships the items.
5.3 The customer allows Bundleboon the unilateral right to determine power according to § 315 BGB with respect to the articles. This means that the selection of articles which will be sent to the customer falls to Bundleboon exclusively, whereby every postal package will - as a general rule - contain articles with a max. worth of € 500. An individual article’s worth can be understood from the price list included in the delivery.
5.4 The purchase contract closed according to paragraph 4.2 becomes binding when the customer declares his or her acceptance of the delivered items to Bundleboon within five days of receiving them (‘period of endorsement’). Items which are not returned by the customer to Bundleboon within the period of endorsement, count as accepted and will be charged. Items which the customer does not wish to retain can be returned within the period of endorsement free of charge and without limitations. The customer must use the enclosed return form and shipping label. If the enclosed shipping label is not used, the customer must provide a proof of return, provided by the shipping provider. If no proof can be presented, Bundleboon holds the right to charge the customer for the kept value. The right of revocation as stated in paragraph 9 of this document remains unaffected.
6. DELIVERY AND RETURNS
6.1 Delivery, as well as returns of items, are free of charge for all customers. Delivery of items is generally carried out within 3 to 5 working days after Bundleboon has accepted the offer by the customer. This applies from the time the items are shipped respectively after confirming the order via email. Bundleboon currently delivers to The Netherlands and Belgium but is subject to change.
6.2 Bundleboon employs various shipping companies. Not all providers offer a digital tracking system, therefore in certain cases, the expected delivery date is determined based on our experience.
6.3 Customers are asked to use the enclosed shipping label when returning a box belonging to Bundleboon. In case the customer wishes to use another form of shipment (not provided by Bundleboon), the shipping costs will not be covered by Bundleboon, but by the customer. Bundleboon only accepts returned items in perfect state and with original labels. In the event that the customer wishes to make use of his or her right of revocation in accordance with paragraph 9 of these terms, and returns the articles without original labels, the customer is required by law to compensate Bundleboon for the loss in value.
7. RESERVATION OF PROPERTY RIGHTS
Articles sent by Bundleboon remain the property of Bundleboon until complete settlement of the account balance.
8. PURCHASING PRICE AND METHOD OF PAYMENT
8.1 The customer will receive a price overview also called a feedback form with the delivery of the items. The specified prices are final, including, in each case, the relevant Dutch VAT, the styling fee and other price components. No additional costs for delivery apply.
We charge a non-refundable styling fee of € 9.95 with every box. This fee is to be paid with the completion of an offer, according to paragraph 5.2, or with the electronic invoice, according to paragraph 8.4.
8.2 After the expiration of the period of endorsement according to paragraph 4.4, Bundleboon will prepare a digital invoice with the total payable amount for the accepted items to be sent to the customer via email.
8.3 Bundleboon accepts credit cards, iDeal, and BankContact as respected payment methods.
8.4 Payment of the invoiced amount is due two days after receiving the electronic invoice.
All data-related operations (e.g. collection, processing, and transfer) are conducted according to legal regulations. All data-related topics are stored and forwarded Data to service providers entrusted by Bundleboon, when required for the processing of orders.
8.5 In the case that the customer cannot meet the payment obligation(s), after being reminded by Bundleboon about the overdue payment, Bundleboon must give the customer a period of 14 days to meet the payment obligations. If the customer does not meet the payment obligations after the deadline, he or she is obliged to pay the legal interest of the amount due, as well as the extrajudicial fees charged by Bundleboon. These debt collection costs will be a maximum amount of 15% of the amount due up to amounts of € 2.500, however with a minimum amount of € 50. Bundleboon can change the amounts and percentages mentioned above in favour of the customer.
Bundleboon offers a warranty period of two years from the date of purchase. The warranty does not apply to wear and tear.
In case of questions regarding warranties and broken items, the customer can always contact Bundleboon via firstname.lastname@example.org
- Damaged, incomplete or wrong product(s)
In case an item has been delivered to the customer in damaged or incomplete state, the customer must inform Bundleboon within 24 hours after receiving the order. This must happen by email or telephone. Subsequently, Bundleboon will properly deal with the matter at hand; the customer must always inform Bundleboon in the aforementioned situation(s) and wait for the instructions of Bundleboon.
In case the customer receives a product that the customer did not order, Bundleboon must be informed within 24 hours after receiving the order. The customer must take care of the return shipment of such an item after receiving return instructions from Bundleboon.
After approval of the goods in accordance with section 4.4, the following right of revocation shall be given to the customer:
11.1 Right of revocation
You are entitled to the cancellation of this contract within 14 days without stating any reason. Your right of revocation is valid for 14 days from the day on which you, or an appointed third party who is not the carrier, have respectively accepted the articles. However, the period does not begin until the purchase contract has become binding by the approval of the purchased goods.
To exercise your right of revocation, you must inform us (Bundleboon B.V, Pieter Braaijweg 201, 1114 AJ Amsterdam, The Netherlands, phone: +31645543474, Email: email@example.com) by way of an unambiguous statement (e.g. an email or message via one of our social media channels) of your decision to cancel this contract.
To meet the deadline for cancellations, it is sufficient to inform us that you are executing your right of revocation before the period for cancellation is over.
11.2 Effects of cancellations
In the case of the cancellation of this contract, we are bound to immediately refund previously received payments (excluding additional costs resulting from any alternative forms of delivery you may have chosen in place of the offered, cheapest standard delivery option) within 14 days at the latest from the day on which we are notified of your cancellation of the contract. The styling fee of € 9.95 is non-refundable.
We will use the same method of payment which you used for the initial transaction to process your refund unless otherwise agreed upon with you. We can refuse to issue a refund until we have received the articles back or until you can prove that you returned the articles, depending on which comes first.
You are obliged to return the articles immediately within 14 days at the latest from the day on which you notify us of the cancellation of the contract. The deadline is met if the articles are posted or personally returned before the period of 14 days is over.
The cost of the return delivery of the articles will be paid by Bundleboon. You will be responsible for paying for any consequential loss in the value of the articles which may result from their being handled in a manner unnecessary for checking their quality, properties, and functionalities.
- DATA PROTECTION
Collection, processing and the storage of data is exclusively done in accordance with the guidelines provided by the Dutch Privacy Law. For more information concerning the consent of the customer and regarding the collection, processing, and usage of data please refer to the Privacy section which can be accessed on Bundleboon’s website at any time via the menu item ‘Privacy’.
13. TRANSFERRAL OF RIGHTS AND OBLIGATIONS TO THIRD PARTIES
Bundleboon is authorized to transfer any rights and obligations resulting from the contract in full or in part onto third parties. In the case of such a partial or full transfer of rights and obligations onto a third party, the customer is entitled to cancel the contract at the time of handover.
14. CESSION OF CLAIMS ONTO THIRD PARTIES
Permission is granted to Bundleboon by the customer to sell any outstanding debt to a third party for the purpose of collection (‘Factoring’).
15. FINAL CLAUSE
15.1 For contracts concluded between Bundleboon and its customers, the Dutch law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. In the case of contracts with consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident is not withdrawn.
15.2 These terms and conditions remain valid for all remaining items in the event that individual paragraphs become ineffective. Statutory provisions replace any existing ineffective paragraphs. In the case that this constitutes an unreasonable hardship for one of the parties, the terms and conditions become invalid as a whole.