Terms & Conditions
Please note that the Dutch text of our terms and conditions is binding and that the following English translation is merely provided by way of information. In the event of any discrepancy between the Dutch text of these general terms and conditions (‘Algemene Voorwaarden’) and this English translation, the Dutch version shall be regarded as definitive. The Dutch version of the terms and conditions can be found here.
Section 1 – General
1. These general terms and conditions are part of all agreements concluded and all offers made by Blom & Blom. The applicability of any terms of the client is expressly ruled out by Blom & Blom. The nullity of one or more provisions of these terms and conditions does not bar the validity of any other clause.
2. These terms and conditions supersede any prior agreements between Blom & Blom and the client.
3. Blom & Blom has the right to modify and/or supplement these terms and conditions.
Section 2 – Identity
Blom & Blom
Dorpsstraat 43, 1452 PG Ilpendam
+31 (0)6 104 510 21
Identification no.: 54532876
VAT no.: NL851341056B01
Section 3 – Applicability
1. These terms and conditions apply to any offer of Blom and Blom, any (distance) agreement concluded between Blom & Blom and the client, and to any use of the websitewww.blomandblom.com.
2. Before a distance contract is concluded, the text of these terms and conditions is made available to the client electronically. On request of the client, these terms and conditions can be sent by postal service as soon as possible and without any charge.
3. If you make use of the website www.blomandblom.com, you accept these terms and conditions.
Section 4 – Offer
1. All our offers, both oral and written, are subject to contract. An offer expires if the product to which the offer relates, in the meantime is no longer available.
2. The product images, as shown on the website www.blomandblom.com, are sometimes a representation of the actual product offered. When a batch of the same products comes from the same location, Blom & Blom displays only one of the products from this batch on its website. This displayed product serves as a representative example of the actual product offered.
Section 5 – Contract
1. A contract is concluded at the time of acceptance the offer and satisfaction of the corresponding conditions.
Section 6 – Right of withdrawal
1. Private persons who purchase a product via the website www.blomandblom.com have the right to withdraw the order without any given reason for 7 days. This right-to-withdraw period commences on the day that the client, or a pre-designated representative made known to Blom & Blom, received the product.
2. When exercising his right to withdrawal the client will treat the product and packaging with care. The client will only unpack or use the product in so far as this is necessary to assess whether he wishes to keep the product. If the client exercises his right of withdrawal, the client will notify Blom & Blom in writing (email) within 7 days of receipt, and will ensure that the product is received by Blom & Blom in its original condition and with all its accessories delivered, within 30 days of notification.
3. If the client exercises his right of withdrawal, the costs and the risks of returning the product are borne by the client. The client is thus responsible for the safe-packaging of the product; Blom & Blom will not refund any amount paid by the client in case of damage on or loss of returned goods.
4. Upon receipt of the returned goods pursuant to paragraph 2 of this article, Blom & Blom will refund the amount paid by the client, excluding the initial delivery costs, within 14 days.
5. If goods are returned from outside the EU, an additional amount of EUR 20, – (twenty euros) will be charged due to customs duties.
6. The right of withdrawal as referred to in paragraph 1 is inapplicable if the products have been created and/or modified in accordance with client specifications.
Section 7 – Applicability of the products
1. All products comply in normal use with the requirements that can be reasonably expected at the time of delivery.
2. All original brands, labels and other markings on the products should be disregarded.
3. All products, including those originally designed for outdoor use, are to be used indoors only.
4. Original IP values of the product cannot be guaranteed and as such, all products must be treated as IP20.
5. Blom & Blom is in no way liable for the purpose and the installation of the goods delivered to the client. Blom & Blom has no control over the assembly, suitability and manner of the application or use of the products. Blom & Blom excludes any condition or warranty regarding the suitability of its products.
6. Blom & Blom recommends that all electrical products purchased at Blom & Blom are to be installed and certified by a qualified electrician.
Section 8 – Liability
1. If and in so far as Blom & Blom could be held liable in any way, then this liability is limited to what is stated in this provision.
2. Blom & Blom is not liable for damage of whatever nature, in case Blom & Blom has acted on the basis of false and/or incomplete data provided by or on behalf of the client
3. Blom & Blom is only liable for direct damage. Direct damage is understood to mean exclusively:
a. the reasonable costs of determining the cause and extent of the damage, in so far as this determining relates to damage within the meaning of these terms and conditions.
b. the reasonable costs, if any, incurred to make the performance of Blom & Blom match the contract stipulations. This damage will, however, not be compensated if Blom & Blom has terminated the contract.
c. the reasonable costs incurred to prevent or mitigate damage, in so far as it can be demonstrated that these costs resulted in a mitigation of the direct damage, as referred to in these terms and conditions.
4. Blom & Blom is never liable for indirect damages, including consequential damages, lost profits, lost savings, and damage due to business stagnation or other stagnation. In the case of purchase by private persons, this restriction does not go beyond that which is permitted pursuant to article 7:24, paragraph 2 of the Dutch Civil Code (Burgerlijk Wetboek).
5. If and in so far as Blom & Blom could be held liable in any way, liability is limited to up to three times the invoice value of the order, or that part of the order to which the liability relates.
6. The liability of Blom & Blom is at all times limited to the amount paid by his insurer where appropriate.
7. The limitations of liability as referred to in this article do not apply if the damage is due to intent or gross negligence of Blom & Blom, or its management.
Section 9 – Pricing
1. Blom & Blom is entitled to modify prices before a contract is concluded as referred to in section 5. Until all conditions of the contract have been met, Blom & Blom is at all times entitled to increase prices with costs that result from government actions.
2. Unless stated differently the prices mentioned are exclusive of sales tax (Value Added Tax). All purchases are subject to Dutch VAT at the rate prevailing at the time of concluding the contract.
3. Purchases are not subject to Dutch VAT, as referred to in paragraph 2, if the client is established outside the EU. Such purchases may be subject to (sales) taxes in the country of establishment, and are at all times borne by the client.
4. All prices do not include shipping costs; these costs vary per country, and will be calculated separately.
5. All prices are in Euro. Blom & Blom accepts only Euros.
6. Unless stated otherwise, all prices are for single items.
Section 10 – Compliance and warranty
1. Blom & Blom warrants that the products meet the contract, and the reasonable requirements of reliability and/or practicability considering the nature of the product.
2. If the product does not comply with that stated in paragraph 1, Blom & Blom will, at Blom & Blom’s discretion and after return of the goods in their original state, either repair the goods delivered, or completely or partially replace the goods delivered by equivalent goods, or pay reasonable compensation not exceeding the invoice value of the delivered goods.
3. If after return it shows that the product indeed does not comply with that stated in paragraph 1, Blom & Blom will refund the shipping charges for returning the product.
4. The warranty as referred to in paragraph 2 and the reimbursement of the shipping costs as referred to in paragraph 3 does not apply if:
a. the client is in default in payment towards Blom & Blom;
b. when purchasing the goods, the client had taken insufficient account of the characteristics of the goods.
c. the faultiness does not adversely affect the normal use of the delivered goods
d. the goods delivered were not applied, treated and/or used in accordance with the instructions given by Blom & Blom in respect thereof.
e. the goods delivered are exposed to abnormal conditions, such as pollution, external force or overload;
f. the client or any third party carried out repairs to the goods delivered by Blom & Blom, without our prior written consent;
g. the deadline for lodging a complaint, as stated in paragraph 5 of this article has been exceeded;
h. in the case of hidden defects, five years have elapsed after date of receipt of the product.
5. Complaints concerning visible defects need to be reported in writing (email) to Blom & Blom within 7 days after delivery, unless the client can demonstrate that he has not been able to inspect the goods within this period. Complaints concerning hidden defects which may only appear after use, need to be reported in writing within 7 days after these defects have been reported to the client or after these defects could reasonably have become apparent.
Section 11 – Order processing and delivery
1. The place of delivery is the delivery address that the client has made known to Blom & Blom.
2. Blom & Blom devotes the greatest care to receiving and processing orders. Blom & Blom will process accepted orders as soon as possible, and no later than 7 days after receipt, unless a longer delivery date is mutually agreed.
3. If delivery of an ordered product, for whatsoever reason, proves impossible, the client receives notification of this as soon as possible, and no later than 3 days after the order is placed. In such case Blom & Blom will endeavor to provide a comparable product in consultation with the client. If the client does not agree with the proposed product, the client has the right to terminate the contract at no cost.
4. In case of termination of the contract in accordance with the preceding paragraph, Blom & Blom will refund the paid amount as soon as possible, and no later than 30 days after termination.
5. If the client refuses or fails to provide information or instructions necessary for the delivery, the products to be delivered will be stored at the risk and costs of the client.
6. Unless otherwise agreed, the risk of damage and/or loss of products lies with Blom & Blom until the moment of delivery to the client or to a pre-designated representative made known to Blom & Blom.
Section 12 – Shipment
1. The shipping costs are indicated by Blom & Blom. The amount of the sipping costs depends on the product and the country of destination.
2. The shipping time as indicated by Blom & Blom is only indicative. Therefore no rights can be derived from the indicated shipping time.
3. If an order is damaged during shipping, Blom & Blom must be notified of this by the client in writing (email) within 7 days of receipt of the product.
4. Damaged products, as referred to in paragraph 3, should never be discarded. If the damaged product cannot be submitted to Blom & Blom, the client’s right of guarantee, as referred to in article 10, paragraph 2, lapses.
5. International orders may be subject to import duties and taxes on receipt of the package. These costs are at all times to be borne by the client.
Section 13 – Payment
1. The client has the duty to immediately report to Blom & Blom any inaccuracies in the provided or specified payment data.
2. In case of default of payment by the client, Blom & Blom has the right to charge pre-announced reasonable costs, subject to the restrictions provided for by law.
Section 14. Intellectual property
1. The (intellectual property) rights relating to the website, including the rights to the texts, images, design, databases, photos and other (still and/or moving) images, formats, software, brands (including domain names) and other materials, are owned by Blom & Blom, its licensors, manufacturers of such products and/or third parties to whom Blom & Blom is not affiliated.
2. The user of the website may not make (parts of) the website in any way available to third parties, and/or reproduce (parts of) the website other than by downloading and viewing on a single computer and/or printing a copy.
3. The website may contain references (e.g. through a hyperlink, banner or button) to third party websites. Blom & Blom has no control over these websites and is not responsible for the content of such websites.
Section 15 – Governing law and disputes
1. The agreements between the client and Blom & Blom to which these terms and conditions relate, shall be exclusively governed by Dutch law.
2. Any disputes that might arise for which choice of forum is allowed, will in first instance only be submitted to the competent court in Amsterdam, the Netherlands, unless Blom & Blom prefers to bring the dispute under the attention of the competent judge in the place of residence of the client.
Section 16 – Indemnification by the client
1. The client indemnifies Blom & Blom against all third party claims concerning any damage this third party may have suffered relating to goods and/or packaging delivered by Blom & Blom, regardless of the cause or time of occurrence of the damage.