GENERAL
SALES, DELIVERY AND PAYMENT CONDITIONS FOR CONSUMER PURCHASE
BONNIE
DOON EUROPE B.V. (January 2020 version)
Article
1 - Definitions
1.1
Bonnie Doon: the private limited liability company Bonnie Doon Europe B.V.,
with its registered office in Eibergen, Chamber of Commerce number: 11029665,
visiting address: Nijverheidsstraat 10A in Eibergen, email address:
info@bonniedoon.nl, phone number: 085-0645699
1.2
Consumer: the natural person who has reached the age of 18, not acting on
account of his profession or company, who orders a Product of Bonnie Doon via
the Website.
1.3
Parties: Bonnie Doon and the Consumer jointly.
1.4
Product: a product offered for sale by Bonnie Doon on the Website.
1.5
Order: an order placed by the Consumer for the delivery of one or more Products
in accordance with the order procedure described in Article 3.
1.6
Purchase Price: the price of a Product stated on the Website (including VAT and
excluding shipping costs).
1.7
Agreement: an Order accepted by Bonnie Doon.
1.8
Delivery: the moment at which the Product is offered at the delivery address
specified by the Consumer by a carrier designated by Bonnie Doon.
1.9
Website: the websites of Bonnie Doon ending on bonniedoon.com, including in any
case www.herensokken.bonniedoon.com.
Article
2 - General / applicability
2.1
These general terms and conditions apply to all offers on the Website, the
Orders placed via the Website and the Agreements concluded between Bonnie Doon
and the Consumer, excluding any other general terms and conditions.
2.2
Additions and deviations from these general terms and conditions are only valid
if they have been agreed in writing between the Parties.
2.3 If
one (or more) Article (s) of these general terms and conditions is declared
invalid or void, it will be replaced by a new comparable provision to be
determined by Bonnie Doon and the other provisions of the general terms and
conditions will remain in full force.
2.4
The general terms and conditions can be changed by Bonnie Doon at any time.
Bonnie Doon places the most recent version of the general terms and conditions
on the Website. If the Consumer cannot consult the general terms and conditions
via the Website, Bonnie Doon will send the general terms and conditions to the
Consumer on request.
2.5
Bonnie Doon is at all times allowed to outsource all or part of the obligations
under the Agreement concluded with the Consumer to a third party or parties.
Article
3 - Offer / acceptance
3.1 By
placing an Order with Bonnie Doon via the Website, which includes checking the
appropriate field on the website 'I agree with the general terms and
conditions', the Consumer confirms to agree with the content of these general
terms and conditions. the Agreement concluded.
3.2
The consumer will receive a confirmation from Bonnie Doon of the conclusion of
the Agreement by e-mail.
Article
4 - Prices
4.1
The prices stated for Products are stated in euros, including VAT and other
government levies. The shipping costs will be charged per Agreement.
4.2
The shipping costs to be charged by Bonnie Doon to the Consumer are indicated
on the website when ordering. Unless it is indicated that the shipment will be
free of charge. These costs, as shown on the Website, form part of the Purchase
Price of the Product. The total Purchase Price is displayed both when placing
the Order and when confirming the Agreement.
4.3 If
there is an offer price, it is only valid for a certain period and only while
supplies last.
4.4
Bonnie Doon expressly reserves the right to change prices. The prices displayed
at the time of placing an Order are the prices that are part of the Agreement.
4.5
Bonnie Doon cannot be held to price indications that are clearly incorrect, for
example of which the Consumer should have understood that the indication in
question contained an obvious mistake or clerical error.
Article
5 - Payment
5.1
Payment by the Consumer to Bonnie Doon must be made in advance of the Delivery
of the Product and takes place via the options shown on the Website.
5.2
The consumer has the duty to immediately report any inaccuracies in payment
details provided or stated to Bonnie Doon.
Article
6 - Delivery
6.1
The place of Delivery is the address that the Consumer has made known to Bonnie
Doon. Delivery takes place by a carrier designated by Bonnie Doon.
6.2
After the Agreement has been concluded, Bonnie Doon will send the Product as
soon as possible, but no later than within fourteen days, to the address
specified by the Consumer, unless a longer delivery period has been agreed.
(The product will not be shipped by Bonnie Doon until full purchase price is
received.)
6.3 The
delivery term specified by Bonnie Doon can never be regarded as a strict
deadline. Exceeding the delivery term does not entitle the Consumer to
compensation. If delivery is delayed, or if an Order cannot or only partially
be executed, the Consumer will be notified of this within 14 days after the
Agreement has been concluded. In that case, the Consumer has the right to
dissolve the Agreement free of charge.
6.4 If
the Product is not (longer) in stock, Bonnie Doon will endeavor to provide a
replacement Product. At the latest upon Delivery, it will be stated in a clear
and comprehensible manner that a replacement Product is being delivered. With a
replacement Product, the right of withdrawal under Article 9 of these general
terms and conditions applies in full.
Article
7 - Retention of title and risk
7.1
The ownership of the Product delivered by Bonnie Doon will not be transferred
to the Consumer until after the Consumer has paid Bonnie Doon the full purchase
price and Bonnie Doon has received the full purchase price by means of a
transfer to her bank account number.
7.2
The risk with regard to damage or loss of the Product transfers 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 depicted or
otherwise connected to the Product, whether or not protected by intellectual or
industrial property rights, are the property of Bonnie Doon or one or more of
its affiliated companies. The Consumer acknowledges the aforementioned property
rights of Bonnie Doon and will refrain from any use of those rights and the
Consumer will refrain from any behavior that could damage or otherwise
adversely affect those rights.
Article
9 - Right of withdrawal
9.1
During 14 days after delivery of the Product, the Consumer has the option of
dissolving the Agreement in writing without giving any reason. The written
cancellation must be addressed to [Bonnie Doon's customer service] (contact
details Article 12.1). The consumer must return the Product by post to Bonnie
Doon. The shipping costs for returning the Product are for the account of the
Consumer.
9.2
After receipt and inspection of the Product by Bonnie Doon, Bonnie Doon will
pay the Purchase Price paid by the Consumer for the relevant Product as soon as
possible, but no later than 14 days. Payout is by Bonnie Doon made by return
deposits through the payment (site) on which the order has been paid.
9.3 If
not all Products forming part of the Agreement are returned, Bonnie Doon is
entitled to deduct the shipping costs (if calculated to the Consumer) from the
Purchase Price to be refunded to the Consumer, now that the Consumer will also
pay shipping costs for the other Products - not returned. Bonnie Doon would be
due.
9.4
Bonnie Doon reserves the right to refuse a returned Product or to credit only
part of the Purchase Price if it is suspected that the Product has been worn,
damaged and / or the packaging of the Product is no longer in its original and
undamaged condition. . Fitting socks, tights, tights and leggings is not
permitted from a hygiene point of view.
Article
10 - Exchange
10.1
The Product that the Consumer has purchased via the Bonnie Doon Website can be
exchanged within 14 days for another Bonnie Doon color, size or product.
10.2
The consumer must return the Product to Bonnie Doon by post. The shipping costs
for returning the Product are at the expense of the consumer. Shipping costs
for sending the new product are not charged to the consumer.
10.3
Bonnie Doon reserves the right to refuse an exchanged Product if it is
suspected that the Product has been worn, damaged and / or the packaging of the
Product is no longer in its original and undamaged condition. Fitting socks,
tights, tights and leggings is not permitted from a hygiene point of view.
Article
11 - Liability
11.1
Bonnie Doon is never liable to the Consumer for any damage of any kind,
including direct damage, indirect damage, consequential damage and additional
damage that the Consumer suffers because of the Agreement, except insofar as
Article 11.2 and / or Article 11.3 apply. is.
11.2
Bonnie Doon's liability due to an attributable shortcoming in the fulfillment
of the Agreement or for any other reason, is at all times limited to
compensation of the damage up to a maximum amount of the Purchase Price of the
Product.
11.3
Bonnie Doon's liability for damage due to death or physical injury per claim or
related series of events is limited to the amount to which the liability
insurance taken out by Bonnie Doon entitles.
11.4
The exclusions and restrictions referred to in Articles 11.1 to 11.3 will lapse
if and insofar as the damage is the result of intent or deliberate recklessness
on the part of Bonnie Doon.
Article
12 - Complaints
12.1
Contact details for Bonnie Doon customer service: Bonnie Doon Europe B.V., Nijverheidsstraat
10A 7151HD in Eibergen, email address: klantenservice@bonniedoon.nl,
telephone number: +3185-06456999
12.2
The consumer is obliged to examine immediately after receipt of the Product
whether the Product complies with the Agreement. The Consumer must report any
defects to Bonnie Doon in writing and motivated, no later than 14 days after
Delivery, by sending an email to klantenservice@bonniedoon.nl.
12.3
Complaints regarding delivery or quality of the Product purchased by the
Consumer from Bonnie Doon will be handled by Bonnie Doon's customer service.
12.4
The complaints received will be answered within a period of 14 days after
receipt. If a complaint requires a foreseeable longer processing time, Bonnie
Doon will notify the Consumer of this within 14 days, stating the time within
which the Consumer can expect an answer.
Article
13 - Force majeure
13.1
If Bonnie Doon, due to circumstances that impede the fulfillment of the
obligations of Bonnie Doon under the Agreement and that cannot be attributed to
Bonnie Doon, because they are not due to her fault or under the law, legal act
or in traffic prevailing views are at its expense such as - but not limited to
- war, danger of war, fire, transport difficulties, earthquake, strike,
bankruptcy of third parties engaged by Bonnie Doon, stagnation in the products
to be supplied by third parties, Bonnie Doon has right to execute the Agreement
at a later date or - if fulfillment within a reasonable period is no longer
possible - to dissolve the Agreement in whole or in part.
13.2
In a situation as referred to in paragraph 1 of this Article, Bonnie Doon is
never obliged to pay any compensation for damage to the Consumer.
Article
14 - Compliance
14.1
Bonnie Doon guarantees that the Product complies with the Agreement.
14.2
The Consumer acknowledges that minor and / or commercially deemed deviations or
technically difficult to avoid deviations in size, quality, finish, color, etc.
with regard to the Product are not or difficult to avoid and no valid reason
for a complaint in the sense of Article
12.
14.3
The Consumer furthermore acknowledges that complaints about the fact that
certain Articles have been removed from the range cannot be a valid reason for
a complaint within the meaning of Article 12.
14.4
Bonnie Doon cannot be held liable for damage to the Consumer due to complaints
within the meaning of Articles 14.2 and 14.3.
Article 15 - Applicable law / competent court
15.1 Only Dutch law applies to every Agreement between Bonnie Doon and the
Consumer.
The applicability of the Vienna Sales Convention and / or other
international treaties with regard to the purchase of movable property is
expressly excluded.
15.2 Disputes between Bonnie Doon and the Consumer will only be submitted to
the competent court in Amsterdam.