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Terms of service

Table of contents

  • Article 1 – Definitions
  • Article 2 – Identity of the entrepreneur
  • Article 3 – Applicability
  • Article 4 – The offer
  • Article 5 – The agreement
  • Article 6 – Right of withdrawal
  • Article 7 – Costs in the event of withdrawal
  • Article 8 – Exclusion of the right of withdrawal
  • Article 9 – The price
  • Article 10 – Conformity and guarantee
  • Article 11 – Delivery and performance
  • Article 12 – Continuing performance contracts: duration, termination and renewal
  • Article 13 – Payment
  • Article 14 – Complaints procedure
  • Article 15 – Disputes
  • Article 16 – Additional or differing provisions

Article 1 – Definitions

In these terms and conditions, the following terms are defined as follows:

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form that the entrepreneur makes available, which a consumer can complete when they wish to exercise their right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products and/or services, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more techniques for distance communication;
  10. Technique for distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being together in the same room at the same time.
  11. Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

  • Trade name: Buxibo, Arkasa B.V.
  • Address: Lage Brink 64H – 7317 BG Apeldoorn, the Netherlands
  • Tel: +31 6 24549218
  • Email: info@buxibo.com
  • Chamber of Commerce number: 84706511
  • VAT number: NL863325075B01

Where the operator's activity is subject to a relevant licensing scheme: details of the supervisory authority.
Where the entrepreneur practises a regulated profession:

  • the professional association or body with which they are registered;
  • the professional title and the place in the EU or the European Economic Area where it was granted;
  • a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be consulted.

Article 3 – Applicability

  1. These terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
  4. In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favourable to them.
  5. If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions remain in force for the rest, and the provision concerned will be replaced without delay, by mutual agreement, with a provision that approximates the purport of the original as closely as possible.
  6. Situations not covered by these terms and conditions are to be assessed "in the spirit" of these terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions are to be interpreted "in the spirit" of these terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to amend and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications and information in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
  5. Images of products are a truthful representation of the products offered. The operator cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
  • the price including taxes;
  • any shipping costs;
  • the manner in which the contract will be concluded and which actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and performance of the contract;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
  • whether the contract is archived after conclusion and, if so, how the consumer can consult it;
  • the way in which the consumer, before concluding the contract, can check and, if desired, correct the data they have provided under the contract;
  • any other languages in which, in addition to Dutch, the contract can be concluded;
  • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the event of a continuing performance transaction.

Optional: available sizes, colours, types of materials.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.
  2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
  3. If the contract is concluded electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur observes appropriate security measures.
  4. The entrepreneur may – within the limits of the law – inform themselves as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the contract, they are entitled to refuse an order or request, or to attach special conditions to its performance, stating reasons.
  5. With the product or service, the entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  6. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
  7. the conditions under which and the manner in which the consumer can exercise 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 data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before performance of the contract;
  10. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
  11. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
  12. Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

For the delivery of products:

  1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
  2. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – where reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has made known that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
  4. If the customer has not made known, after expiry of the periods referred to in paragraphs 2 and 3, that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

For the delivery of services:

  1. For the delivery of services, the consumer has the option of dissolving the contract without giving reasons for at least 14 days, commencing on the day the contract is entered into.
  2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of withdrawal

  1. If the consumer exercises their right of withdrawal, at most the cost of returning the goods will be at their expense.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days of the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of full return can be provided.

Article 8 – Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that have been made by the entrepreneur in accordance with the consumer's specifications;
  4. that are clearly personal in nature;
  5. that by their nature cannot be returned;
  6. that spoil or age quickly;
  7. whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
  8. for individual newspapers and magazines;
  9. for audio and video recordings and computer software of which the consumer has broken the seal.
  10. for hygiene products of which the consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services:
  12. concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
  13. whose delivery has begun, with the consumer's express consent, before the cooling-off period has expired;
  14. concerning betting and lotteries.

Article 9 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated with the offer.
  3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
  5. they result from statutory regulations or provisions; or
  6. the consumer has the authority to terminate the contract on the day the price increase takes effect.
  7. The prices stated in the offer of products or services are inclusive of VAT.
  8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in existence on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the contract.
  3. Defective products or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
  4. The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  • the consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or in conflict with the entrepreneur's instructions and/or the instructions on the packaging;
  • the defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

  1. The company will take the greatest possible care when receiving and performing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. With due observance of what is stated in paragraph 4 of this article, the company will perform accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be performed, or only partially, the consumer will be notified of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is at the entrepreneur's expense.
  7. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing performance contracts: duration, termination and renewal

Termination

  1. The consumer can terminate a contract entered into for an indefinite period for the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate a contract entered into for a fixed period for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, with due observance of the applicable termination rules and a notice period of no more than one month.
  3. The consumer can terminate the contracts referred to in the preceding paragraphs:
  • at any time and not be limited to termination at a specific time or during a specific period;
  • at least in the same manner as they were entered into by them;
  • always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

  1. A contract entered into for a fixed period for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
  2. Notwithstanding the previous paragraph, a contract entered into for a fixed period for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.
  3. A contract entered into for a fixed period for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the event that the contract is for the regular but less than once-monthly delivery of daily, news and weekly newspapers and magazines.
  4. A contract for a fixed period for the regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

  1. Unless agreed otherwise, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.
  2. The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
  3. In the event of non-payment by the consumer, the entrepreneur has, subject to statutory limitations, the right to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
  5. In the case of complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (nl), which will mediate free of charge. If no solution is found, the consumer has the option of having their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; the committee's ruling is binding and both entrepreneur and consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee concerned. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Contracts between the entrepreneur and the consumer to which these terms and conditions relate are governed exclusively by Dutch law, even if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or differing provisions

Additional provisions or provisions differing from these 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 medium.