Terms and Conditions
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:
Venneslatweg 5 in Eibergen, email address: email@example.com, phone number:
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
Article 2 - General /
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
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
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
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
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
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
Article 9 - Right of
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
Article 12 - Complaints
12.1 Contact details for Bonnie
Doon customer service: Bonnie Doon Europe B.V., Venneslatweg 5, 7151HD in
Eibergen, email address: firstname.lastname@example.org, telephone number:
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 email@example.com.
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 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
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.