Terms and Conditions
Last Updated: May, 2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING YOUR DECISION TO PURCHASE
Nijenoord 2-005 ,
3552 AS Utrecht,
Registered with the Chamber of Commerce in Amsterdam nr. 66875757
You can reach us:
Through e-mail: email@example.com
Through the contact form on the website
These Terms and Conditions are based on the rules of Dutch law in combination with European and other Guidelines.
The terms and conditions under which the Products are offered for sale on this website are set out below. By ticking the “I have read and agree” box on the order form and submitting the order, you accept and agree to be bound by these terms and conditions. Blucactus.com reserves the right to change these terms and conditions at any time without prior notice. Such change however will have no effect on orders that were submitted before posting of such revised terms and conditions on this website.
General Terms and Conditions
Access to and use of this website (blucactus.com), owned by BLUCACTUS B.V., and the products and services available through this website (the ‘Products) are subject to the following General Terms and Conditions (the ‘General Conditions’). Please read these General Conditions carefully before using this website. By using this website, you signify your agreement to these General Conditions. If you do not agree to these General Conditions, do not use this website. BLUCACTUS B.V. may modify these General Conditions at any time.
Purpose of the websiteThe purpose of this website is to provide you with information about BLUCACTUS B.V., our Products and stores, the campaigns we support and the activities we carry out. This website is an e-commerce website via which can sell Leather products and accessories to internet users.
The website is intended for use by consumers aged 18 years or older. If you are under 18, you may not use this site without the involvement of a parent or guardian.
You may be required to register with BLUCACTUS B.V. in order to access certain Products or areas of the website. We reserve the right to refuse to register you with the user name you request. Your user name and password are for your personal use only. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to BLUCACTUS B.V., we reserve the right, at our discretion, to terminate your account, refuse to supply Products, or cancel orders.
Prohibited conductYou must not misuse this website by: committing or inciting a criminal offence; transmitting or distributing a virus, Trojan horse, worm or logic bomb, or posting any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hacking into any aspect of the Products; corrupting data; causing annoyance to other users; infringing any other person's proprietary rights; sending any unsolicited advertising or promotional material, commonly referred to as ‘spam’; or attempting to affect the performance or functionality of any computer facilities of or accessed through this website. We will not be liable for any loss caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it. The use of automated systems or software to extract data from this website for commercial purposes, ('screen scraping') is prohibited without license.
Intellectual Property, Software and ContentThe intellectual property rights to all software and content supplied to you on or through this website remain at all times the property of BLUCACTUS B.V. or its licensors, and are protected by copyright laws and treaties around the world. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website, nor may you use any such content in connection with any business or commercial enterprise. You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by BLUCACTUS B.V. or its licensors. ‘BLUCACTUS’ and ‘blucactus.com’ are trademarks belonging to BLUCACTUS B.V. No license or consent is granted to you to use these trademarks in any way, and you agree not to use these trademarks or any marks that are visually similar without the written permission of BLUCACTUS or BLUCACTUS B.V.
Purpose of salesAll Products of BLUCACTUS B.V. are sold purely for personal use and may not, without the express prior written approval of BLUCACTUS B.V., be resold or used for commercial purposes. We reserve the right to limit quantities to normal retail purchases.
Colours/SatisfactionBLUCACTUS B.V. has made every reasonable effort to display as accurately as possible the colors of the Products advertised on the website. However, what colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. BLUCACTUS B.V. does not guarantee the accuracy of the display of any color. If for any reason you are unsatisfied with your experience on the website, please contact us
Returns policyIf you are not completely satisfied with a product for any reason, you can cancel your order during a cooling-off period of fourteen (14) days after receipt of the product. If you wish to exercise your right to cancel, you should complete the return form on this site. You must treat the product and packaging with care, and you are liable for any diminished value of the product that results in any failure on your part to treat the product and packaging with care. You must return the product within 14 days of the date of cancellation to the BLUCACTUS B.V. returns address. The products must be in their original, undamaged packaging and the tags remain attached to the product. Damaged packages are not returnable. By removing the tags, you agree to keep the product. The burden of proof for the correct and timely exercise of the right of cancellation lies with you. If you wish to return any product, the shipping costs of returning goods are at your own expense unless you have received an incorrect product. You use the returns form and return the package in accordance with the instructions given by BLUCACTUS B.V. BLUCACTUS B.V. will pay the shipping cost for replacement products.
Terms of saleBy placing an order, you are offering to purchase a product subject to these General Conditions. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. BLUCACTUS B.V. retains the right to refuse any order placed by you. If your order is accepted, we will inform you by e-mail.
a. Our contractWhen you place an order, you will receive an acknowledgement by e-mail confirming receipt of your order. This e-mail does not constitute acceptance of your order. We are not contractually obliged to supply the products until your payment has been approved and we have debited your credit or debit card.
b. Pricing and availabilityi) While we try to ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any product which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact, you we will treat the order as cancelled. If you cancel and you have already paid for the product, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition and included in the 'Total Cost'.
ii) The website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to supply any orders that you may place based on information on the website that contains, for example, errors, inaccuracies or out-of-date information concerning prices, shipping, payment terms, or return policies.
c. PaymentUpon receiving your order, we will carry out a standard pre-authorization check of your payment card to ensure there are sufficient funds to fulfil the transaction. Products will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
Risk of lossThe risk of loss of and title to products purchased on this website passes to you as soon as the products are in the possession of the carrier for delivery.
IndemnityYou agree to indemnify and discharge BLUCACTUS B.V., its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the General Conditions.
VariationBLUCACTUS B.V. has the right in its absolute discretion at any time and without notice to amend, remove or vary the Products and/or any page of this website.
ComplaintsIf you have a complaint about BLUCACTUS B.V., please contact our BLUCACTUS B.V here:
· via e-mail: firstname.lastname@example.org
· by post: BLUCACTUS B.V. Nijenoord 2-005, 3552AS Utrecht , The Netherlands
No implied waiver
Governing law and JurisdictionThese General Conditions are to be construed in accordance with the laws of the Netherlands and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Netherlands.
These General Conditions constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and BLUCACTUS B.V. Any waiver of any provision of these General Conditions will be effective only if in writing and signed by a director of BLUCACTUS B.V.