Terms of service
Terms and conditions
Flamboo is an bamboo brand with an online webshop. The headquarters is based in Verdipad 1, 3906 ZP Veenendaal, The Netherlands with Chamber of Commerce number 81430590
Flamboo: Flamboo's, established in the Netherlands, Chamber of Commerce no. 81430590
Customer: The person with whom Flamboo has entered into an agreement
Parties: Flamboo and customer together
Consumer: A customer who is an individual acting for private purposes
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Flamboo.
- Parties can only deviate from these conditions if they have explicitly agreed upon writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
- All prices used by Flamboo are in euros, are inclusive VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly otherwise or agreed otherwise.
- Flamboo is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which Flamboo could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Consequences of late payment
- If the customer does not pay within agreed term, Flamboo is entitled to charge an interest of 10% from the day the customer is in default, whereby a part of the month is counted for a whole month.
- When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Flamboo.
- The collection costs are calculated on basis of the Reimbursement for extrajudicial collection costs.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Flamboo on the customer are immediately due and payable.
- If the customer refuses tot cooperate with the performance of the agreement by Flamboo, he is still obliged to pay the agreed price to Flamboo.
- If the customer refuses to cooperate with the performance of the agreement by Flamboo, he is still obliged to pay the agreed price to Flamboo.
Right of recovery of goods
- As soon as the customer is in default, Flamboo is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- Flamboo invokes the right of recovery by means of a written or electronic announcement.
- As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Flamboo, unless the parties agree to make other arrangements about this.
- The costs for the collection or return of the products are the expense of the customer
Right of cancellation
- A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- The product has not been used
- The product is not specially tailored for the consumer or adapted to its special needs
- The purchase does not concern an (assignment to) urgent repair
- The consumer has not renounced his right of cancellation
- The reflection period of 14 days as referred to in paragraph 1 commences:
- On the day after the consumer has received the last product of part 1 order
- As soon as the consumer has receiver the last product of a subscription
- As soon as the consumer has purchased a service for the first time
- As soon as the consumer has confirmed the purchase of digital content via the internet
- The consumer can notify his right of cancellation via email@example.com, if desired by using the withdrawal form that can be download via the website of Flamboo, www.flamboo.nl
- The consumer is obliged to return the product to Flamboo within 14 days after the notification of his right of cancellation after which period his right of cancellation will lape.
- If the purchuse costs and any other costs (such as shipping and returns cost) are eligible for reimbursement according to the law, Flamboo will refund these costs for the consumer within 14 days of receipt of the timely appeal to the right of withdrawal provided that the consumer has returned to Flamboo in time.
Right of retention
- Flamboo can appeal to his right of retention of title and in that case retain the products sold by Flamboo to the customer until the customer has paid all outstanding invoices with regard to Flamboo, unless the customer has provided sufficient security for these payments.
- The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Flamboo.
- Flamboo is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Retention of title
- Flamboo remains the owner of all delivered products until the customer has fully complied with all its payments obligations with regard to Flamboo under whatever agreement with Flamboo including of claims regarding the shortcomings in the performance.
- Until then, Flamboo can invoke its retention of title and take back the goods
- Before the goods are sent to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Flamboo invokes its retention of title, the agreement will be dissolved and Flamboo has the right to claim compensation, lost profits and interest.
- Delivery takes place while stocks last.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed price is not paid on time, Flamboo has the right to suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Flamboo.
- Any delivery period specified by Flamboo is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- The delivery starts once the customer has fully completed the (electronic) ordering and received an (electronic) confirmation of this order from Flamboo.
- Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Flouw cannot deliver within 10 days late or if the parties have agreed upon otherwise.
- Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
- If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Flamboo may not be held liable for any damage.
- If the customer himself takes care of the transport of a product, he must report any visible damage to the products or the packaging prior to the transport to Flamboo, failing which Flamboo cannot be held liable for any damage.
- The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
- Exchange is only possible if the following conditions are met:
- Exchange takes place within 14 days after purchase upon presentation of the original invoice.
- The product is returned in the original packaging or with the original (price) tags still attached to it
- The product has not been used
- Discounted items can only be changed for a product that has the same price of the discounted item.
Liability of Flamboo
- Flamboo is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
- If Flamboo is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
- Flamboo is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage of third parties.
- If Flamboo is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in that absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which liability relates.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
- Every right of the customer to compensation from Flamboo shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch civil code.
- The customer has the right to dissolve the agreement if Flamboo imputably fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due its special nature or because it is of minor significance.
- If the fulfilment of the obligations by Flamboo is not permanent or temporarily impossible, dissolution can only take place after Flamboo is in default.
- Flamboo has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil his obligations under the agreement, or if circumstances give Flamboo good grounds to fear that the customer will not be able to fulfil his obligations properly.
- In addition to the provisions of article 6:75 Dutch civil code, a shortcoming of Flamboo in the fulfilment of any obligation to the customer cannot be attributed to Flamboo in any situation independent of the will of Flamboo, when the fulfilment of its obligations towards the customer is prevented in whole or in part or when the fulfilment of its obligations reasonably be required from Flamboo.
- The force majeure situation referred in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which Flamboo cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Flamboo can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Flamboo does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
- If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
- Flamboo is entitled to amend or supplement these general terms and conditions
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed by Flamboo with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- The customer can not transfer its rights deferring from an agreement with Flamboo to third parties without the prior written consent of Flamboo.
- This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between parties
- The Dutch court in the district where Flamboo is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.