General Terms and Conditions of Sale, Delivery and Payment for consumer purchases

BONNIE DOON EUROPE BV (January 2016 version)

Article 1 – Definitions

  • 1.1 Bonnie Doon: the private company with limited liability, Bonnie Doon Europe BV, with its registered office and place of business in Waardenburg, Chamber of Commerce number: 11029665, physical address: 19 Zandweistraat in Waardenburg, email address: klantenservice@bonniedoon.com, telephone number: 0418-652 721.
  • 1.2 Consumer: the natural person who has reached the age of 18, not acting on a professional basis or on behalf of a company, who orders a Product from Bonnie Doon via the Website.
  • 1.3 The Parties: Bonnie Doon and the Consumer jointly.
  • 1.4 Product: a Product offered for sale by Bonnie Doon on its Website.
  • 1.5 Order: an order placed by the Consumer, for the delivery of one or more Products, according to the order procedure set out in Article 3.
  • 1.6 Purchase Price: the price for a Product (inclusive of VAT and shipping charges) indicated on the Website.
  • 1.7 Agreement: an Order accepted by Bonnie Doon.
  • 1.8 Delivery: the moment at which the Product is offered by a transport agent appointed by Bonnie Doon, at the delivery address provided by the Consumer.
  • 1.9 Website: the Bonnie Doon websites end with bonniedoon.com.

Article 2 – General / applicability

  • 2.1 These General Terms and Conditions are applicable, with the exclusion of any other general terms and conditions, to all offers on the Website, to the Orders placed via the Website, and to the Agreements concluded via the Website between Bonnie Doon and the Consumer.
  • 2.2 Deviations from and supplements to these General Terms and Conditions will only be valid if agreed upon in writing between the Parties.
  • 2.3 If one or more articles of these General Terms and Conditions are declared invalid or void, the articles in question will be replaced by new comparable provisions, to be determined by Bonnie Doon, and the other provisions of these General Terms and Conditions will remain in full force.
  • 2.4 Bonnie Doon reserves the right to amend these General Terms and Conditions at all times. Bonnie Doon will post the latest version of the General Terms and Conditions on its Website. Bonnie Doon will send the General Terms and Conditions to the Consumer on request if the Consumer is unable to consult the General Terms and Conditions via the Website.
  • 2.5 Bonnie Doon is permitted, at all times, to source out the obligations stemming from the Agreement concluded with the Consumer, to a third party (or third parties), whether entirely or partially.

Article 3 – Offer / acceptance

  • 3.1 By placing an Order with Bonnie Doon via the Website, of which the action of placing a check mark in the ‘I agree with the General Terms and Conditions’ field forms a part, the Consumer confirms agreement with the content of these General Terms and Conditions, and the Agreement will have been concluded.
  • 3.2 The Consumer receives an email confirmation from Bonnie Doon, indicating that the Agreement has been concluded.

Article 4 – Prices

  • 4.1 The prices listed with the Products are in Euro and are inclusive of VAT and other government charges. Shipping charges will be charged per Agreement.
  • 4.2 The shipping charges to be charged by Bonnie Doon to the Consumer are listed on the Website and form part of the Purchase Price for the Product. The total Purchase Price is indicated when the Order is placed and again when the Agreement is confirmed.
  • 4.3 If it involves a promotional price, this price will only be valid for a specific period of time and only while stocks last.
  • 4.4 Bonnie Doon expressly reserves the right to change pricing. The prices indicated at the time of the Order, are the prices that are included in the Agreement.
  • 4.5 Bonnie Doon cannot be bound by pricing which is clearly incorrect; for example, if the Consumer should reasonably be able to understand that the relevant pricing is clearly a mistake or includes an incorrect description.

Article 5 – Payment

  • 5.1 Payment by the Consumer to Bonnie Doon must occur prior to Delivery of the Product, and will take place via the options indicated on the Website.
  • 5.2 The Consumer is obliged to promptly inform Bonnie Doon of any inaccuracies in the payment information issued or indicated.

Article 6 – Delivery

  • 6.1 The address provided by the Consumer to Bonnie Doon, applies as the Delivery location. Delivery will take place by a transport agent appointed by Bonnie Doon.
  • 6.2 Once the Agreement has been concluded, Bonnie Doon will send the Product as soon as possible, yet certainly within fourteen days, to the address provided by the Consumer, unless a longer delivery period was agreed upon. If the Consumer has chosen to pay the Purchase Price in advance, the Product will not be sent before Bonnie Doon has received full payment of the Purchase Price.
  • 6.3 The delivery period indicated by Bonnie Doon can never be considered a fatal deadline. The fact that the delivery term has been exceeded does not give the Consumer any entitlement to compensation for damages. If delivery should be delayed, or if an Order cannot be processed or cannot be processed in full, the Consumer will be informed in this regard within 14 days following conclusion of the Agreement. In that case the Consumer is entitled to have the Agreement dissolved, free of charge.
  • 6.4 If the Product is not (no longer) in stock, Bonnie Doon will make every effort to offer a replacement Product. It will be indicated in a clear and comprehensible manner, by no later than the actual delivery, that the Product in question is a replacement Product. In the event of a replacement Product, the Consumer will have the full right of withdrawal pursuant to Article 9 of these General Terms and Conditions.
  • 6.5 Products are only delivered within the Netherlands.

Article 7 – Retention of title and risk

  • 7.1 Ownership of the Product delivered by Bonnie Doon to the Consumer will not transfer until such time as the Consumer has paid Bonnie Doon the full Purchase Price, and the Purchase Price has been received by Bonnie Doon in full by way of a transfer to its bank account.
  • 7.2 The risk associated with loss or damage to the Product will transfer to the Consumer at the time of Delivery.

Article 8 – Intellectual property rights

  • 8.1 All brands, signs, models, designs, logos, labels, and the like, indicated on the Product associated with it, whether or not protected by intellectual or industrial property rights, are the property of Bonnie Doon or one or more of the companies affiliated with it. The Consumer acknowledges Bonnie Doon’s aforementioned property rights and will refrain from any form of use of these rights and the Consumer will refrain from any behaviour which could harm or otherwise have a negative effect on these rights.

Article 9 – Right of withdrawal

  • 9.1 The Consumer will be entitled to dissolve the Agreement in writing, free of charge, without the need to provide a reason, within 14 days following delivery of the Product. Such written dissolution must take place by way of the form provided for this purpose, on the Website, or must be directed to Bonnie Doon’s customer service department in a different unequivocal manner (contact information provided under Article 12.1). The Consumer must return the Product to Bonnie Doon by post. The Consumer will be responsible for the shipping charges in connection with the Product.
  • 9.2 Once Bonnie Doon has received and inspected the Product, Bonnie Doon will refund the Purchase Price paid by the Consumer for the relevant Product, as soon as possible, yet certainly within 14 days, by transfer to the account number provided for this purpose by the Consumer.
  • 9.3 If all of the Products included under the Agreement are not returned, Bonnie Doon will be entitled to deduct the shipping charges from the Purchase Price to be refunded to the Consumer, now that the Consumer would also have owed Bonnie Doon the shipping charges for the other Products which were not returned.
  • 9.4 Bonnie Doon reserves the right to refuse the returned Product or to only refund part of the Purchase Price, if it suspects that the Product has been worn (clothing may be tried on), damaged and / or if the Product’s packaging is no longer in the original undamaged state (to the extent possible). The Consumer is responsible for any reduction in the value of the Product, resulting from the way in which the Consumer has handled the Product, beyond that permitted under Article 9.5.
  • 9.5 The Consumer will treat the Product and the packaging with due care during this period of reflection. The Consumer will only unpack or use the Product to the extent necessary in order to establish the nature, characteristics and function of the Product. The point of departure is that the Consumer is only allowed to handle and inspect the Product in the way this would be allowed in a shop.

Article 10 – Exchange

  • 10.1 The Product purchased by the Consumer via Bonnie Doon’s Website, can be exchanged within 14 days, for a different product or for a product in a different colour or size.
  • 10.2 The Consumer must return the Product for exchange to Bonnie Doon by post. The Consumer will be responsible for the shipping charges in connection with the Product exchange.
  • 10.3 Bonnie Doon reserves the right to refuse the Product offered for exchange if it suspects that the Product has been worn, damaged and / or if the Product’s packaging is no longer in the original undamaged state.

Article 11 – Liability

  • 11.1 The liability on the part of Bonnie Doon, on account of an imputable shortcoming in observance of the Agreement or based on anything else, will, at all times, be limited to compensation for the direct damage incurred, up to a maximum amount equal to the Purchase Price paid for the Product. Bonnie Doon will never be liable towards the Consumer for indirect loss or damage, consequential loss or damage, and / or additional loss or damage, suffered by the Consumer as a result of the Agreement, except insofar as Article 11.2 and / or Article 11.3 are applicable.
  • 11.2 Such liability on Bonnie Doon’s part, for death or bodily injury, will be limited, per claim or sequence of related events, to the amount for which Bonnie Doon is actually covered under its liability insurance policy.
  • 11.3 The exclusions and limitations intended under Article 11.1 and 11.2 will expire if and insofar as such loss or damage is the result of intentional actions or wilful recklessness on the part of Bonnie Doon.

Article 12 – Complaints

  • 12.1 Contact information for Bonnie Doon’s customer service department: Bonnie Doon Europe BV, 19 Zandweistraat, 4181 CG in Waardenburg, email address: klantenservice@bonniedoon.com, telephone number: 0418 - 652 721 .
  • 12.2 The Consumer is obliged to check whether the Product meets the specifications of the Agreement, immediately after receipt of the Product. The Consumer must report possible defects to Bonnie Doon within 14 days following Delivery, in writing, along with the reasons.
  • 12.3 Complaints concerning the delivery or quality of the Product which the Consumer purchased from Bonnie Doon will be processed by Bonnie Doon’s customer service department.
  • 12.4 A response will be provided within a period of 14 days, for any complaints made. If a complaint demands a foreseeable longer time for handling, Bonnie Doon will inform the Consumer in this regard, within 14 days, indicating the time frame within which the Consumer can expect to receive a response.

Article 13 – Force majeure

  • 13.1 If Bonnie Doon is unable, due to circumstances which may affect or prevent observance of the obligations on Bonnie Doon’s part, pursuant to the Agreement, and such circumstances are beyond its control and are not attributable to Bonnie Doon under any law or generally accepted principles - including but not limited to: war, threats of war, fire, transportation problems, earthquakes, strikes, bankruptcy on the part of third parties enlisted by Bonnie Doon, stagnation in the products to be supplied by third parties - Bonnie Doon will be entitled to observe the Agreement at a later stage or to request full or partial dissolution of the Agreement if compliance within a reasonable time frame is no longer possible.
  • 13.2 Bonnie Doon will never owe the Consumer any form of compensation in any situations intended in section 1 of this Article.

Article 14 – Conformity

  • 14.1 Bonnie Doon guarantees that the Product will comply with the Agreement.
  • 14.2 The Consumer acknowledges that minor deviations and / or deviations that are deemed acceptable in the trade or technically difficult to avoid, in terms of size, quality, colour, etc., with respect to the Product, are unavoidable or difficult to avoid, and will not constitute a valid reason for complaint in the sense of Article 12.
  • 14.3 The Consumer also acknowledges that complaints regarding the fact that certain Articles have been discontinued from the range will not constitute a valid reason for complaint either in the sense of Article 12.
  • 14.4 Bonnie Doon cannot accept liability for loss or damage suffered by the Consumer as a result of complaints in the sense of Article 14.2 and 14.3.

Article 15 – Applicable law / jurisdiction of the court

  • 15.1 Any Agreement between Bonnie Doon and the Consumer will be governed exclusively by Dutch law. The applicability of the Vienna Sales Convention and / or other international conventions relating to the purchase of moveable physical items is explicitly excluded.
  • 15.2 Disputes between Bonnie Doon and the Consumer will only be submitted to the judge with jurisdiction in Amsterdam.
Beoordeling: 8.6 / 10 op basis van 643 beoordelingen © 2018 Bonnie Doon Europe
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