Terms of service

Terms and Conditions - Blackswoosh           
 

Table of contents:

Article   1 - Definitions

Article   2 - Identity of the entrepreneur

Article   3 - Applicability

Article   4 - Offer

Article   5 - Agreement

Article   6 - Right of withdrawal

Article   7 - Obligations of the consumer during the reflection period

Article   8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article   9 - Obligations of the entrepreneur in the event of withdrawal

Article 10 - Price

Article 11 - Compliance and extra guarantee

Article 12 - Delivery and execution

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

 

Article 1 - Definitions

In these terms and conditions the following definitions apply:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. reflection time: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Term Agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
  7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the option of the consumer to cancel the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made of one or more remote communication techniques;
  11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
  12. Remote communication technology: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

 
Article 2 - Identity of the entrepreneur

Name : Damo Lifestyle
Brand name :
Blackswoosh
E-mail address : info@blackswoosh.com
Chamber of Commerce number : 75472120
VAT number: NL002257589B71

Article 3 - Applicability

  1. These terms and conditions apply to any offer from Blackswoosh and to any distance contract concluded between Blackswoosh and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the distance contract will be concluded and it will be indicated how the general terms and conditions Blackswoosh can be inspected and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically, and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .

 

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. if Blackswoosh uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

 

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
  2. If the consumer has accepted the offer electronically, Blackswoosh immediately electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. Blackswoosh can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If Blackswoosh based on this investigation, he has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. The entrepreneur will state the following information on the website no later than upon delivery of the product to the consumer, in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  6. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  7. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. the information about guarantees and existing after-sales service;
  9. the price including all taxes of the product, insofar as applicable the costs of delivery, and the method of payment, delivery or performance of the distance contract;
  10. if the consumer has a right of withdrawal, the model withdrawal form.

 

Article 6 - Right of withdrawal

  1. The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of 14 days without stating reasons. The consumer is obliged to state the reasons for withdrawal after 14 days.
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
  3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
  4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

 

Article 7 - Obligations of the consumer during the reflection period

  1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product and packaging as he would be allowed to do in a store.
  2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

 

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) Blackswoosh. This is not necessary if Blackswoosh has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the Blackswoosh provided reasonable and clear instructions.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
  5. The consumer bears the direct costs of returning the product. if Blackswoosh has not reported that the consumer has to bear these costs or if Blackswoosh indicates to bear the costs himself, the consumer does not have to bear the costs for return.
  6. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.




Article 9 - Obligations of the entrepreneur in the event of withdrawal

  1. as Blackswoosh makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
  2. Blackswoosh reimburses all payments made by the consumer, excluding any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Blackswoosh offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
  3. Blackswoosh uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Blackswoosh not reimburse the additional costs for the more expensive method.

 

Article 10 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, Blackswoosh products or services whose prices are subject to fluctuations in the financial market and where Blackswoosh does not affect, with variable prices offering. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. The prices stated in the offer of products or services include VAT.

 

Article 11 - Compliance with the agreement and extra warranty

  1. Blackswoosh guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.
  2. a by Blackswoosh, its supplier, manufacturer or importer, never limits the legal rights and claims that the consumer may have against Blackswoosh can assert if Blackswoosh has failed to fulfill its part of the agreement.
  3. An additional guarantee is understood to mean any obligation of Blackswoosh, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to in the event that it has failed to fulfill its part of the agreement.

 

Article 12 - Delivery and execution

  1. Blackswoosh will take the greatest possible care when receiving and executing orders for products.
  2. The place of delivery is the address that the consumer Blackswoosh has made known.
  3. With due observance of what is stated about this in Article 4 of these general terms and conditions, Blackswoosh accepted orders as soon as possible, but at the latest within 30 days. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 25 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
  4. After dissolution in accordance with the previous paragraph, Blackswoosh refund the amount paid by the consumer without delay.
  5. The risk of damage and/or loss of products rests with Blackswoosh until the moment of delivery to the consumer.

 

 

Article 13 Payment

  1. The consumer must pay the full amount owed within 14 days after concluding the agreement via the payment methods indicated for this.
  2. If the consumer chooses to pay in advance, the consumer must pay the full amount due prior to the agreement via the payment methods indicated for this.
  3. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated Blackswoosh to report.
  4. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the if payment is not made within this period, the statutory interest will be owed on the amount still due and Blackswoosh entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. Blackswoosh may deviate from the stated amounts and percentages in favor of the consumer.

 

Article 14 - Complaints procedure

  1. Blackswoosh has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to Blackswoosh.
  3. Bee Blackswoosh Complaints submitted will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer should Blackswoosh to give at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.

Article 15 - Disputes

On agreements between Blackswoosh and the consumer to whom these general terms and conditions apply, only Dutch law applies.

 

Article 16 - Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.


 

Annex I: Model withdrawal form Blackswoosh

 

 

Model withdrawal form

 

On:

Blackswoosh
info@blackswoosh.com

I/We (*) hereby give notice that I/we (*) revoke our contract for the sale of the following goods/provision of the following service (*):

 

 

 

 

 


Ordered on (DD-MM-YYYY) :                                        Order number:

 

 

 

 

 


Received on (DD-MM-YYYY):

 

 

 


Name(s) consumer(s)

 

 

 


Address consumer(s):

 

 

 

 


IBAN bank account:

 

 

 


Signature of consumer(s):

 

 

 

 


Datum (DD-MM-YYYY):

 

 

 


(*) Strike out what is not applicable.