General Terms and Conditions BAER Lifestyle
BAER Lifestyle is registered with the Chamber of Commerce under number 77634004 and is located at Sydneystraat 128 (3047 BP) in Rotterdam.
Article 1 - Definitions
1. In these general terms and conditions, the following terms are used in the following meaning, explicitly stated otherwise:
2. Offer: Any written and/or electronic offer to the Buyer for the delivery of Products by the Seller to which these are inextricably linked.
3. Buyer: The natural person who does not act in the exercise of a business profession. who enters into a (distance) agreement with the seller.
4. Agreement: The (distance) purchase agreement for the sale and delivery of Products purchased by the Buyer from BAER Lifestyle.
5. Products: The products offered by BAER Lifestyle are clothing, fashion accessories, sporting goods, lifestyle articles and electrical appliances.
6. Seller: The supplier of Products to the Buyer, hereinafter: BAER Lifestyle.
Article 2 - Applicability
1. These general terms and conditions apply to every Offer from BAER Lifestyle and every agreement between BAER Lifestyle and a buyer and to every Product offered by BAER Lifestyle.
2. Agreement An Agreement (distance) is concluded, these general terms and conditions are made available. If this is not reasonably possible, BAER Lifestyle will be published, so that the Buyer can easily save these general terms and conditions on a durable data carrier.
3. In situations, these general terms and conditions can be requested if this has been requested explicitly and in writing with BAER Lifestyle.
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Special general and/or purchase conditions of the buyer are issued by hand consumption.
5. one of the general provisions of these general terms and conditions is or will become null and void from the non-general provisions and these provisions will be replaced by a provision with the same conditions as the original provision.
6. Ambiguities about the content, explanation of situations that are not regulated in these general terms and conditions are implemented and explained in the spirit of these general terms and conditions.
7. in these general terms and conditions is meant to she/her, this should also be understood as a reference to he/him/his, if and to the extent applicable.
Article 3 - The Offer
1. All offers made by BAER Lifestyle are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been laid down in writing.
2. The Offer made by BAER Lifestyle is without obligation. BAER Lifestyle is only bound by the Offer if the Buyer's acceptance thereof is confirmed in writing within 30 days, or if the Buyer has already paid the amount due. Nevertheless, BAER Lifestyle has the right to refuse an Agreement with a potential Buyer for reasons that are justified for BAER Lifestyle.
3. The Offer contains an accurate description of the offered Product with associated prices. The description is detailed in such a way that the Buyer is able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot be binding on BAER Lifestyle. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or dissolution of the Agreement (remotely). BAER Lifestyle cannot guarantee that the colors in the picture correspond exactly to the real colors of the Product.
4. Delivery times and terms stated in the BAER Lifestyle Offer are indicative and if they are exceeded, they do not entitle the Buyer to dissolution or compensation, unless expressly agreed otherwise.
5. A composite quotation does not oblige BAER Lifestyle to deliver part of the goods included in the offer or Offer at a part of the stated price.
6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and on the run-out principle.
Article 4 - Conclusion of the Agreement
1. The Agreement is concluded at the moment that the Buyer has accepted an Offer from BAER Lifestyle by paying for the relevant Product.
2. An Offer can be made by BAER Lifestyle via the website.
3. If the Buyer has accepted the Offer by concluding an Agreement with BAER Lifestyle, BAER Lifestyle will confirm the Agreement with the Buyer in writing, or at least by e-mail.
4. If the acceptance (on minor points) deviates from the Offer, BAER Lifestyle is not bound by it.
5. BAER Lifestyle is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
6. The buyer has the right to exercise its right of withdrawal within the statutory period. If revocation applies, the Buyer will handle the Product and the packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The direct costs for returning the Product are for the account of the Buyer.
7. Products that cannot be taken back due to hygienic reasons or a limited shelf life are excluded from the right of withdrawal. This is expressly stated in the Offer.
Article 5 - Performance of the Agreement
1. BAER Lifestyle will perform the Agreement to the best of its knowledge and ability.
2. If and insofar as required for proper performance of the Agreement, BAER Lifestyle has the right to have certain work performed by third parties at its own discretion.
3. The Buyer shall ensure that all information, which BAER Lifestyle indicates is necessary or which the Buyer should reasonably understand to be necessary for the performance of the Agreement, is provided to BAER Lifestyle in a timely manner. If the information required for the execution of the Agreement has not been provided to BAER Lifestyle in time, BAER Lifestyle has the right to suspend the execution of the Agreement.
4. In the performance of the Agreement, BAER Lifestyle is not obliged or obliged to follow the Buyer's instructions if this changes the content or scope of the Agreement. If the instructions result in additional work for BAER Lifestyle, the Buyer is obliged to reimburse the additional or additional costs accordingly.
5. BAER Lifestyle may require security from the Buyer or full payment in advance before proceeding with the performance of the Agreement.
6. BAER Lifestyle is not liable for damage, of whatever nature, that has arisen because BAER Lifestyle has based on incorrect and/or incomplete information provided by the Buyer, unless BAER Lifestyle was aware of this inaccuracy or incompleteness.
7. The Buyer indemnifies BAER Lifestyle against any claims from third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.
Article 6 - Delivery
1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all the requested information or has not provided it on time, does not provide sufficient cooperation, the payment or deposit has not been received in time by BAER Lifestyle or other circumstances beyond BAER Lifestyle's control, BAER Lifestyle is entitled to a reasonable extension of the delivery or completion period. All agreed delivery times are never strict deadlines. The buyer must give BAER Lifestyle notice of default in writing and allow it a reasonable term in which to deliver. The buyer is not entitled to any compensation due to the delay that has arisen.
2. The buyer is obliged to take delivery of the goods at the time they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, BAER Lifestyle is entitled to store the goods at the expense and risk of the Buyer.
4. If the Products are delivered by BAER Lifestyle or an external carrier, BAER Lifestyle is entitled, unless otherwise agreed in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise. In the event that the Buyer has reached the minimum purchase amount reached, the delivery costs will lapse.
5. If BAER Lifestyle requires information from the Buyer in the context of the performance of the Agreement, the delivery time will only commence after the Buyer has provided BAER Lifestyle with all information necessary for the performance.
6. If BAER Lifestyle has specified a term for delivery, this is indicative.
7. BAER Lifestyle is entitled to deliver the goods in parts, unless the Agreement deviates from this or if the partial delivery does not have an independent value. BAER Lifestyle is entitled to separately invoice the delivered goods.
8. Deliveries will only be made if all invoices have been paid, unless expressly agreed otherwise. BAER Lifestyle reserves the right to refuse delivery if there is a well-founded fear of non-payment.
Article 7 - Packaging and transport
1. BAER Lifestyle undertakes towards the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
2. Unless otherwise agreed in writing, all deliveries are made including turnover tax (VAT), including packaging and packaging material.
3. Accepting items without comments or comments on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.
Article 8 - Investigation, complaints
1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any event within 14 days of receipt of the delivered goods, but only to unpack or use them to the extent necessary. to assess whether it will keep the Product. In doing so, the Buyer must investigate whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
2. The Buyer is obliged to investigate and inform himself in which way the Product should be used and, in the event of personal use, to test the Product in accordance with the instructions for use. BAER Lifestyle accepts no liability for incorrect use of the Product by the Buyer.
3. Any visible defects or shortcomings must be reported to BAER Lifestyle in writing after delivery to [email protected] The buyer has a period of 14 days after delivery for this. Non-visible defects or shortcomings must be reported within 14 days after discovery, but at the latest within 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer itself, the Buyer is liable for any loss in value of the Product.
4. If a complaint is made in time pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only take place with BAER Lifestyle's prior written consent in the manner indicated by BAER Lifestyle.
5. If the Consumer exercises his right of withdrawal, he will return the Product and all accessories, insofar as this is reasonably possible, in the original condition and packaging to BAER Lifestyle, in accordance with BAER Lifestyle's return instructions. The direct costs for return shipments are for the account and risk of the Buyer.
6. BAER Lifestyle is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made.
7. Refunds to the Buyer will be processed as soon as possible, but the payment can take no later than 30 days after receipt of the return. Refunds will be made to the previously specified account number.
8. If the Seller exercises its right to complain, it has no right to suspend its payment obligation nor to set off outstanding invoices.
9. In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to BAER Lifestyle, BAER Lifestyle will send the missing Product(s) or the remaining order at the Buyer's request. Cancel. The confirmation of receipt of the Products is leading in this regard. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from BAER Lifestyle.
Article 9 - Prices
1. During the period of validity of the Offer, the prices of the Products offered will not be increased, unless there are changes in VAT rates.
2. The prices stated in the Offer include VAT, unless expressly stated otherwise.
3. The prices as stated in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. If there are Products or raw materials for which there are price fluctuations in the financial market and on which BAER Lifestyle has no influence, BAER Lifestyle can offer these Products at variable prices. It is stated in the Offer that the prices are target prices and may fluctuate.
Article 10 - Payment and collection policy
1. Payment should preferably be made in advance in the currency in which the invoice was made using the method indicated. Payment can also be made afterwards in installments if this has been expressly agreed.
2. The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
3. The buyer must make payment in one go to the account number and details of BAER Lifestyle that have been made known to it. The parties can only agree on a different payment term after explicit and written permission from BAER Lifestyle.
4. If a periodic payment obligation of the Buyer has been agreed, BAER Lifestyle is entitled to adjust the applicable prices and rates in writing with due observance of a term of 3 months.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, BAER Lifestyle's claims against the Buyer are immediately due and payable.
6. BAER Lifestyle has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. BAER Lifestyle may, without being in default as a result, refuse an offer of payment if the Buyer designates a different order for the allocation. BAER Lifestyle may refuse full repayment of the principal if the outstanding and accrued interest as well as the costs are not also paid.
7. If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the specified payment term, the Buyer will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that period, before he is in default.
8. From the date that the Buyer is in default, BAER Lifestyle will, without further notice of default, be entitled to the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale. from the decision on compensation for extrajudicial collection costs of 1 July 2012.
9. If BAER Lifestyle has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and enforcement costs incurred are also for the account of the Buyer.
Article 11 - Retention of property
1. All goods delivered by BAER Lifestyle remain the property of BAER Lifestyle until the Buyer has fulfilled all the following obligations under all Agreements concluded with BAER Lifestyle.
2. The buyer is not authorized to pledge or encumber the items subject to retention of title in any other way if the ownership has not yet been transferred in full.
3. If third parties seize the goods delivered subject to retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to inform BAER Lifestyle of this as soon as can reasonably be expected.
4. In the event that BAER Lifestyle wishes to exercise its property rights referred to in this article, the Buyer already now grants unconditional and irrevocable permission and authorization to BAER Lifestyle or third parties to be designated by them to enter all those places where the properties of BAER Lifestyle and to take those items back.
5. BAER Lifestyle is entitled to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or hand over from BAER Lifestyle. After the Buyer has fulfilled its obligations, BAER Lifestyle will make every effort to deliver the purchased Products to the Buyer as soon as possible, but at the latest within 20 working days.
6. Costs and other (consequential) damage as a result of retaining the purchased Products are for the account and risk of the Buyer and will be reimbursed by the Buyer at BAER Lifestyle's first request.
Article 12 - Warranty
1. BAER Lifestyle guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or reliability and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified the Seller of this use at the time of entering into the Agreement. BAER Lifestyle gives a 1 year warranty on the electrical products.
2. Every guarantee is explicitly agreed in writing. Product guarantees never extend beyond what is provided by the manufacturer or what has been explicitly agreed. In the event of a conflict, the warranty as provided by the manufacturer will prevail. BAER Lifestyle is only responsible for having the properties of the product which the buyer could reasonably expect to be present.
3. The Buyer can only invoke the guarantee provided by BAER Lifestyle if the Buyer has fully complied with its payment obligations.
4. If the Buyer rightly invokes an agreed guarantee, BAER Lifestyle is obliged to repair or replace the delivered goods free of charge. In addition, if there is any additional damage, the applicable provisions of the liability of these general terms and conditions will be adhered to.
5. The warranty expires if:
(i) the warranty period has expired or the warranty obligation expires.
(ii) as long as the buyer is in default towards BAER Lifestyle;
(iii) if the buyer has carried out repair, assembly and/or maintenance work itself, or has had this carried out by third parties;
(iv) in case of exposure to abnormal conditions and use contrary to the instructions for use;
(v) above-average wear, at least wear as a result of exceptional use;
Article 13 - Instructions for use Products
1. Buyer of Products must follow BAER Lifestyle's regulations and instructions.
2. The Buyer must store the Products carefully. If applicable, the Products must be stored in the packaging provided.
3. In connection with the materials, the Buyer must not swim, shower, play sports (unless sportswear) and/or sleep with Products. The Buyer must also take into account (harmful) substances from make-up, perfume, care and cleaning products that can affect, damage and/or discolour the Products. If the Buyer wears the Products in these situations, the Products may lose color, be damaged or otherwise be affected. In none of these cases Buyer is entitled to free repair or repair and the warranty will be void.
5. The Buyer and third parties must refrain from adjusting and/or repairing Products themselves.
6. As a result of a higher acidity (naturally or due to alcohol or drug use) of its skin, a Buyer may cause discoloration of Products earlier. BAER Lifestyle is in no way liable for this.
Article 14 - Suspension and dissolution
1. BAER Lifestyle is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Buyer does not or not fully fulfill the (payment) obligations under the Agreement.
2. In addition, BAER Lifestyle is authorized to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been performed, without judicial intervention if the Buyer does not timely or properly fulfill its obligations under any agreement with BAER Lifestyle. concluded Agreement.
3. BAER Lifestyle is furthermore authorized to dissolve the Agreement (or have it dissolved) without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if circumstances otherwise arise. which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, BAER Lifestyle's claims against the Buyer are immediately due and payable. When BAER Lifestyle suspends the fulfillment of its obligations, it retains its rights under the law and the Agreement.
5. BAER Lifestyle always reserves the right to claim compensation.
Article 15 - Limitation of liability
1. If the performance of the Agreement by BAER Lifestyle leads to liability on the part of BAER Lifestyle towards the Buyer or third parties, that liability is limited to the costs charged by BAER Lifestyle in connection with the Agreement, unless the damage is caused by intent or gross negligence. . BAER Lifestyle's liability is in any case limited to the maximum amount of damage that is paid out by the insurance company per event per year.
2. BAER Lifestyle is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, lost savings and damage as a result of the use of the delivered Products is excluded. A restriction applies to the Consumer in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. BAER Lifestyle is not liable for and/or obliged to repair damage caused by the use of the Product. BAER Lifestyle provides strict maintenance and use instructions that must be observed by the Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, use damage, fall damage, light and water damage, theft, loss, etc.).
4. BAER Lifestyle is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
5. BAER Lifestyle is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for whatever reason.
6. BAER Lifestyle does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of BAER Lifestyle, nor for the timely receipt thereof.
7. All claims by the Buyer due to shortcomings on the part of BAER Lifestyle will lapse if they have not been reported to BAER Lifestyle in writing and with reasons within one year after the Buyer became aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer expire in any case one year after the termination of the Agreement.
Article 16 - Force majeure
1. BAER Lifestyle is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and is not for its account by virtue of the law, legal act or generally accepted standards.
2. Force majeure is in any case understood to mean, but is not limited to what is understood in this regard in law and jurisprudence, (i) force majeure of suppliers of BAER Lifestyle, (ii) failure to properly fulfill obligations of suppliers that the Buyer prescribed or recommended to BAER Lifestyle, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures (as a result of a pandemic or epidemic), (v) electricity failure, (vi) failure of the internet, data network - and telecommunications facilities (e.g. due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the BAER Lifestyle company and (xi) other situations that judgment of BAER Lifestyle are beyond its sphere of influence that prevent the fulfillment of its obligations temporarily or permanently.
3. BAER Lifestyle has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after BAER Lifestyle should have fulfilled its obligation.
4. During the period that the force majeure continues, the parties can suspend the obligations under the Agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.
5. Insofar as BAER Lifestyle has partially fulfilled or will be able to fulfill its obligations under the Agreement at the time of the occurrence of force majeure, and the part fulfilled or to be performed has independent value, BAER Lifestyle is entitled to to be invoiced separately for the part to be fulfilled. The buyer is obliged to pay this invoice as if it were a separate Agreement.
Article 17 - Risk transfer
The risk of loss or damage to the Products that are the subject of the Agreement transfers to the Buyer, being a company, at the time the goods leave BAER Lifestyle's warehouse. For Consumers, the risk referred to above will pass to the Buyer if the Products have been provided under the Buyer's control. This is the case if the Products have been delivered to the delivery address of the Buyer.
Article 18 - Intellectual Property Rights
1. All intellectual property rights and copyrights of BAER Lifestyle rest exclusively with BAER Lifestyle and are not transferred to the Buyer.
2. The Buyer is prohibited from disclosing and/or multiplying, changing or making available to third parties all documents to which BAER Lifestyle's intellectual property rights and copyrights rest without the express prior written consent of BAER Lifestyle. If the Buyer wishes to make changes to goods delivered by BAER Lifestyle, BAER Lifestyle must explicitly agree to the intended changes.
3. The Buyer is prohibited from using the Products to which BAER Lifestyle's intellectual property rights rest other than as agreed in the Agreement.
Article 19 - Privacy, data processing and security
1. BAER Lifestyle handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, BAER Lifestyle will inform the data subject about this.
2. If BAER Lifestyle is required to provide information security on the basis of the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data and the associated costs, is not unreasonable.
Article 20 - Complaints
1. If the Buyer is not satisfied with the Products of BAER Lifestyle and/or has complaints about the (performance of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but at the latest within 14 calendar days after the relevant reason for the complaint. led to report. Complaints can be reported via [email protected] with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Buyer for BAER Lifestyle to be able to handle the complaint.
3. BAER Lifestyle will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. The parties will try to reach a solution together.
Article 21 - Applicable law
1. Dutch law applies to every Agreement between BAER Lifestyle and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. BAER Lifestyle has the right to unilaterally change these general terms and conditions.
3. All disputes arising from or in connection with the Agreement between BAER Lifestyle and the Buyer will be settled by the competent court of the District Court of Rotterdam, unless mandatory provisions lead to the jurisdiction of another court.
Rotterdam, 24 november 2020