General sales and delivery terms Blue Zone forever
Article 1. Applicability and definitions
1.1 These general sales and delivery terms apply to all legal relationships between Blue Zone forever, hereinafter referred to as: ‘Seller’ and the other party, hereinafter referred to as ‘Buyer’, also after termination of a legal relationship.
1.2 The applicability of any other general terms and conditions, which may be used by Buyer or to which the Buyer may in any way refer, is hereby explicitly excluded.
1.3 Any deviations from these conditions must be expressly agreed in writing. No rights can be derived from such deviations with respect to later legal relationships.
Buyer: A legal entity or natural person who places an order with Blue Zone forever or for which Blue Zone forever performs activities.
Seller: Blue Zone forever; Goosse van der Windstraat 3; 3062 XM Rotterdam, The Netherlands.
Agreement: A purchase agreement between Seller and Buyer.
Order: Buyer’s request to Blue Zone forever to supply skin care products.
Packaging: The smallest possible salable packaging unit.
Article 2. Placing an order / Establishing agreements
2.1 Buyer can place an order via the website www.bluezoneforever.com.
2.2 An agreement between Seller and Buyer comes into being only after Buyer on the website approves the order and makes the payment.
2.3 In the event that the Seller can not execute the order within the agreed period, the Seller will inform the Buyer as soon as possible, stating the expected period within which the order can be executed.
Article 3. Products / Prices
3.1 Information about the Seller’s products and prices can be found on www.bluezoneforever.com.
Article 4. Payment
4.1 Payment by the Buyer must take place in full before delivery of the order can take place.
Article 5. Delivery
5.1 Delivery is made carriage paid to Buyer.
5.2 Buyer is obliged to enable Seller to deliver the ordered products to him on the day of delivery and to receive the products.
Article 6. Ownership and retention of title
6.1 All products delivered and to be delivered by the Seller to the Buyer shall remain the Seller’s property, until the Buyer has fulfilled all its obligations towards the Seller in respect of the relevant, the previous and following similar deliveries, additional work performed by the Seller or additional work to be performed, as well as in respect of the Seller’s claims. towards Buyer due to shortcomings by the Buyer in the performance of its obligations towards the Seller.
Article 7. Warranty
7.1 Buyer can under no circumstances assert any claim against the Seller, after he has either processed or processed a part of the delivered products, or has commissioned, processed or processed by third parties, or has passed on to third parties, or if the Buyer does not fulfill any obligation towards the Seller.
Article 8. Complaints
8.1 After receipt of the shipment, the Buyer is obliged to ensure that the delivered goods are in conformity with what has been ordered and to check the delivered goods for visible damage to packaging.
8.2 Products that have been delivered incorrectly and / or damaged will be noted on the consignment note / packing slip and must be reported to the Seller within 3 working days.
8.3 In the event of defects in the delivery, the Seller is only obliged to correct delivery of the ordered products as soon as possible, without being obliged to compensate the Buyer for damage. Defects in the delivery do not give Buyer the right to demand dissolution of the agreement.
8.4 The Seller is not obliged to take back or credit the products that have been incorrectly ordered by the Buyer.
8.5. The Buyer undertakes towards the Seller to always and fully comply with all existing statutory regulations regarding the storage and sale of the products.
Article 9. Recall, blocking and returning of delivered products
9.1 The Seller shall not accept any returns from the Buyer, unless it concerns an incorrect delivery and the Seller has received written notification of this within three working days of delivery.
9.2 In the event that it is found that a Product supplied by the Seller must be removed from the market for reasons of public health or other potentially harmful consequences, the Buyer must return the Products delivered to him at the first request (recall) or to keep (block). Insofar as these Products are no longer in the Buyer’s control, the Buyer must make all reasonable efforts to ensure that the Products are returned to the Seller or that these Products are not (further) put into circulation.
9.3 In the event of a recall or blocking, the Buyer must immediately and strictly comply with the instructions and deadlines given by the Seller. The Buyer must ensure that the Products to be returned are in the state at the time of receipt of the Seller that were on delivery. The Buyer is liable towards the Seller for the consequences of non-compliance with these obligations, without prior notice of default being required. The Buyer indemnifies the Seller against claims of third parties as a result of the non-fulfillment of the instructions and deadlines referred to above.
9.4 Products delivered by the Seller and received by the Buyer may only be returned to the latter after permission from the Seller and under the conditions set by the Seller.
9.5 Costs of returning the products delivered by the Seller to the Buyer shall be borne by the Buyer, with the exception of a return of products, of which it has been established that they have errors and / or defects attributable to the Seller.
9.6 Packaging that has been opened up will not be credited unless a demonstrable problem with the the contents can be detected when the packaging is opened.
9.7 If packaging or its contents have been damaged or destroyed by bad handling, incorrect storage or other external influences, apparently not in the Seller’s warehouse, these will not be credited.
9.8 No refund will be granted for products not sold by the Buyer whose expiry date has expired. Full refund on the basis of shelf life can only be granted if the shelf life of the product is less than 9 months at the time of delivery, or if the Seller honors the Buyer’s request for a different reason.
9.9 The right to a refund expires if return is not made within one month after the expiration date.
Article 10. Liability
10.1 The Seller shall not be liable to the Buyer for damage caused to persons or to products other than those supplied by the Seller, insofar as this is the result of inexpert use of the products delivered by the Seller, subject to the provisions of Article 7, insofar as applicable. or any action in violation of the instructions provided by the Seller.
10.2 The Seller warrants that the Seller’s products will be free from defects during the period up to the expiry date in their chemical composition, provided that these products are treated with the utmost care and the correct procedures for transport and storage have been followed. If the delivered item does not comply with the agreement, the Seller shall have the choice to proceed to the delivery of the missing, repair, replacement or reimbursement of the delivered goods, in accordance with the provisions of Article 8 of the present conditions. Seller shall in no case be liable for indirect damage, of whatever nature, such as consequential loss, including but not limited to, loss of data or loss of profits – as a result of non-conformity, complaints and returns of customers or the malfunctioning of customer’s products and also for non-material damage. The skin care products put into circulation by the Seller have been authorized by the Dutch government in the Netherlands. The Seller shall never be liable for damage caused by products put into circulation abroad.
10.3 The Seller is not liable towards the Buyer for damage caused as a result of exceeding the delivery time.
10.4 If the Seller is liable, then his liability is limited to a maximum of the invoice amount excluding value added tax of the products delivered.
10.5 The products put into circulation by the Seller may only be delivered to third parties in the undamaged original packaging.
Article 11. Indemnity
11.1 The Seller shall never be obliged to compensate for business or consequential loss or loss of profits, nor for compensation of damage arising from claims of third parties against the Buyer, unless there is intent or gross negligence on the part of an employee of the Seller.
Article 12. Marks and trade names
12.1 Subject to explicit agreements to the contrary, intellectual property rights and other claims to brands, models, designs, drawings, recipes and the like shall exclusively vest in the Seller. Buyer hereby irrevocably accepts the Seller’s right to also take legal action in respect of Seller’s suppliers in court and out of court.
12.2 The Buyer is not permitted, unless with the prior written consent of the Seller, to use the brands and / or trade names of the Seller for his own use.
12.3 The Buyer is obliged to use the brands, trade names and / or the packaging of the Seller if the Seller so wishes, under the conditions set by the Seller, from the Buyer.
Article 13. Privacy and data processing
13.1 The registration of Buyer’s personal details is necessary for placing orders on the Seller’s website.
13.2 By placing orders or creating an account, the Buyer gives unambiguous consent to the registration of the personal data by the Seller.
13.3 The Buyer’s details entered via the website will be included in a data file. In order to optimally protect this personal data, this data is stored on secure (web) servers located in a secure computer room.
13.4 The Buyer may at any time inspect his / her personal data by sending a written (via letter or e-mail) request to the Seller. The Seller will provide the Buyer with an overview of personal data present at the Seller. If the Buyer is of the opinion that your personal data must be corrected, supplemented, removed or protected, the Buyer can notify the Seller of this in writing (by letter or e-mail). The Seller will follow up in the Buyer’s instructions if possible, unless the Seller is unable to do so. In that case the Seller will remove the Buyer’s personal data from its files.
Article 14. Applicable law; competent judge
14.1 Dutch law applies to all legal relationships between Seller and Buyer.
14.2 The competent court in Rotterdam has exclusive jurisdiction to hear all disputes that may arise as a result of the (execution of) any agreement between Seller and Buyer and of all disputes concerning these conditions.