These general terms and conditions are applicable to contracts with Bambook entered into from 13-03-2023.
These general terms and conditions contain important contractual information for consumers regarding, among other things, the identity and contact details of Bambook, the right of withdrawal for distance contracts, conformity (legal warranty) and the handling of complaints. Please feel free to contact us if you have any questions about these general terms and conditions.
1. Capitalised terms in the General terms and conditions, whether singular or plural, shall have the following meanings.
1. General terms and conditions: the present terms and conditions, which form an inseparable part of each Contract.
2. Bambook: trade name of the entity as further referred to in Article 2 of these General Terms and Conditions.
3. Consumer: any natural person who, when concluding the Contract, is acting for purposes outside his or her business or professional activity.
4. Customer: Bambook's counterparty to a Contract, being a Consumer or Business Customer.
5. Contract: the contract between Bambook and Customer for the sale of one or more Products.
6. Distance contract: a Contract concluded between Bambook and the Consumer within the framework of an organised system for the distance sale of Products without simultaneous personal presence of Bambook and the Consumer and where, up to and including the moment of conclusion of the Contract, exclusive use has been made of one or more means of distance communication (for example, the purchase of a Product via the Website).
7. Party: a party to the Contract.
8. Product: an item of movable property.
9. Website: the Bambook website which can be accessed via www.bambook.org.
10. Business customer: the natural or legal person who, at the time of concluding the Contract, was acting for purposes falling within their business or professional activity.
2. Identity and contact details of Bambook
The important company and contact details of Bambook are set out below.
Trade name: Bambook
Statutory name and entity: Bambook B.V.
Company's registered office address: Grotestraat 96 (6711AN) in Ede
Name of trade register: Dutch Chamber of Commerce
Registration number in trade register: 83188797
VAT number: NL862761529B01
Phone number: +31 (0)318 307 340 (basic rate)
Email address: [email protected]
3. Applicability of General terms and conditions
1. These General terms and conditions apply to:
1. Distance Contracts concluded with Consumers;
2. Contracts concluded with Business customers.
4. Offer and formation of Contract
1. Bambook's offer is non-binding and valid while stocks last or during the period stated in the offer. Offers made on the Website may change from time to time.
2. An offer by Bambook, other than an offer on the Website, such as for example an offer made by means of a quotation, is valid for thirty (30) days (unless a different period of validity is stated in the offer) counting from the date of the offer, or in the absence of the date, from the day the offer is sent by Bambook to Customer. If Customer accepts an offer after the expiry of the aforementioned period, Bambook is not obliged to accept Customer's acceptance. If Bambook nevertheless accepts, the Contract will still be formed.
3. If a Business customer does not explicitly agree to an offer by Bambook, but nevertheless creates the impression of agreeing to it, e.g. by requesting Bambook to deliver certain parts of the offer, the entire offer is deemed accepted.
4. Information, measurements, dimensions, illustrations, notices, price announcements, advertisements and the like made known by Bambook in relation to offers or features of Products are displayed or made as accurately as possible. Mistakes or errors in an offer shall not bind Bambook vis-à-vis a Business Customer. The foregoing also applies vis-à-vis Consumers, but only in case of obvious mistakes and errors.
5. Bambook cannot be held responsible for deviations in the colour of a delivered Product from the digital representation of that colour.
6. Bambook shall be entitled to verify the Customer's ability to fulfil its payment obligations prior to as well as after the formation of the Contract - to the extent permitted by law. If a Contract has already been formed, Bambook shall be entitled to dissolve the Contract if such investigation causes Bambook to have good reason to fear that the Customer will not be able to (fully) meet the payment obligation. To the extent that a Contract has not yet been formed, for example in the case of an order not yet accepted by Bambook, Bambook will be entitled, with or without stating reasons, to reject the order and/or to impose further conditions before the Contract can be formed.
7. To the extent permitted by law, the application to the contract of section 6:227b(1) and 6:227c of the Civil Code is excluded.
1. All prices communicated by Bambook are in euros, including VAT and excluding shipping costs, unless explicitly stated otherwise. The offer will always clearly state whether, and which, shipping costs apply and the amount thereof.
2. If after the formation of the Contract it appears that the relevant offer by Bambook is based on incorrect or incomplete information provided by a Business customer that was relevant for the determination of the price, Bambook will be entitled to adjust the Contract accordingly without requiring further consent from the Business customer. Bambook is not obliged to check in advance the accuracy of any data provided by a Business customer.
3. Bambook shall be entitled to adjust the agreed prices as a result of cost-increasing circumstances that have come to light after the formation of the Contract and which cannot be attributed to Bambook, regardless of whether Bambook should have taken into account the likelihood of such cost-increasing circumstances when originally determining the price. In the event of such a price increase, the Customer if it is a Consumer acquires the right to terminate the Contract.
6. Payment terms
1. Unless otherwise agreed, all amounts payable related to the Contract shall be payable at the time of formation of the Contract in the manner designated by Bambook.
2. If it is agreed that Bambook will issue an invoice in respect of the amounts payable related to the Contract, the invoice will have a payment term of fourteen (14) calendar days from the invoice date unless a different payment term is specified on the invoice.
3. Bambook will not, by means of general terms and conditions, oblige Consumers residing in the Netherlands to pay a deposit of more than fifty (50) per cent for a Product prior to delivery of the Product in question.
7. Delivery of Products
1. After the Contract is formed, Bambook will take appropriate care in the performance of the Contract.
2. Unless otherwise agreed, delivery of Products shall take place at the delivery address Customer has given to Bambook.
3. Unless expressly agreed otherwise, the following applies to Business customers:
1. Products are delivered by Bambook ExWorks (Incoterms 2010);
2. Transport of Products is at the expense and risk of the Business customer;
3. Bambook is entitled to charge any packaging and shipping costs separately to Business customer;
4. Delivery times of Products agreed or communicated by Bambook should be considered as indicative and never as strict deadlines.
4. After delivery, Business customer is obliged to check the delivered Products for any damage or other defects as soon as possible, but at the latest within three calendar days (for externally observable defects) or within seven calendar days (for non-externally observable defects) after the day of delivery. If the Business customer observes any damage or other defects, the Business customer must report this to Bambook immediately and in writing. When reporting, Business customer must adequately explain what damage or defects exist, and send evidence to Bambook in order to enable assessment of the merits of the report. Failing to report within, or exceeding, the aforementioned period will mean that Bambook will no longer be liable for any form of act of performance or compensation.
8. Right of withdrawal
This article applies only to Consumers who have entered into a Distance contract with Bambook. Business customers are therefore not entitled to a right of withdrawal.
The Consumer has the legal right to withdraw from ('revoke') the Contract within 14 calendar days (the 'reflection period'), without giving reasons, free of charge. Instead of this period, Bambook applies an extended reflection period of 30 calendar days.
The reflection period commences on the day after the Consumer, or a third party designated in advance by them who is not the carrier, received the Product, or:
5. if Consumer ordered several Products in the same order: the day on which Consumer, or a third party designated by them, received the last Product;
6. if the delivery of a Product consists of several shipments or parts: the day on which Consumer, or a third party designated by them, received the last shipment or part;
7. for Contracts for regular delivery of Products during a specified period: the day on which Consumer, or a third party designated by them, received the first Product.
To exercise the right of withdrawal, the Consumer must send us (Bambook B.V., Grotestraat 96 (6711AN) in Ede, +31 (0)318 307 340R, [email protected]) by means of an unequivocal statement (e.g. in writing by post or email) of their decision to withdraw from the Contract. The Consumer may use the model withdrawal form (as included below) for this purpose, but is not obliged to do so.
To comply with the withdrawal period, it is sufficient for the Consumer to send their notice regarding the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of the withdrawal
If the Consumer revokes the Contract, the Consumer shall receive from Bambook all payments made by the Consumer up to that point, including delivery costs (with the exception of any additional costs resulting from the Consumer's choice of a mode of delivery other than the cheapest standard delivery offered by Bambook) immediately and in any event no later than 14 days after Bambook has been informed of the Consumer's decision to withdraw from the Contract. Bambook shall reimburse the Consumer using the same means of payment with which the Consumer carried out the original transaction, unless the Consumer has expressly agreed otherwise; in any event, no costs will be charged to the Consumer for such reimbursement.
Bambook may wait to refund until Bambook has received the Products back, or until the Consumer has demonstrated that the Consumer has returned the Products, whichever comes first.
The Consumer must immediately, but in any event no later than 14 days after the day on which the Consumer communicated the decision to withdraw from the Contract to Bambook, return or hand over the Products to Bambook. The Consumer is on time if the Consumer sends back the Products before the 14-day period has expired.
The direct costs of returning the Products will be for your account. The costs are estimated at a maximum of approximately EUR 18,95.
The Consumer shall only be liable for the loss in value of the Products resulting from the use of the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products.
Exclusions from Right of withdrawal
The right of withdrawal does not apply to Contracts for the delivery of Products manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the Consumer ("customisation"), or which are clearly intended for a specific person. For example, there is "customisation" if Bambook has provided a Product with Consumer's logo, own design or name at Consumer's request.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To Bambook B.V., Grotestraat 96 (6711AN), Ede, [email protected]:
- I/We ( *1 ) hereby inform you that I/We (*1) withdraw from our contract concerning the sale of the following goods (*1)
- Ordered on (*1) /Received on (*1)
- Name(s) of consumer(s)
- Consumer address(es)
- Signature of consumer(s) (only if this form is submitted on paper)
9. Retention of title
1. Bambook retains the title to all Products delivered or to be delivered by it to Customer until the purchase price for all such Products has been paid in full. The reservation of title also applies in respect of any other related claim(s) that Bambook has against the Customer.
2. Bambook is entitled to take back the Products delivered under retention of title if Bambook has good reason to fear that the Business customer will fail to comply with its (payment) obligations. In such a case, Business customer will grant Bambook the necessary access to the area where the Products are located, or assist in obtaining the necessary access, in order to enable Bambook to exercise its rights. Business customer will be credited for the repossessed Products in accordance with the market value at the time of repossession, determined as such by Bambook, which will in no event exceed the original purchase price less all costs incurred by Bambook in connection with the repossession of the Products. Bambook shall be entitled to set off any outstanding claims against the amount to be credited. The Business Customer may not pledge or otherwise encumber the Products covered by the retention of title.
1. With regard to the sale of Products, Bambook warrants that the Product delivered complies with the Contract, in accordance with the applicable legal provisions. In this context, Bambook will comply with its legal obligations towards Customer regarding (non-)conformity.
2. Any additional warranty originating from Bambook will never prejudice any mandatory statutory rights that a Consumer may invoke.
1. This article applies to Consumers only to the extent permissible under applicable law.
2. Bambook's total liability to Customer, on account of an attributable breach of a Contract or otherwise, shall be limited to compensation for direct damage. Direct damage shall mean exclusively (a) the reasonable costs incurred to establish the cause and extent of the damage; (b) any reasonable costs incurred to make Bambook rectify its defective performance of the Contract; and (c) reasonable costs incurred to prevent or limit damage, insofar as Customer demonstrates that such costs have resulted in limitation of direct damage.
3. The maximum amount for which Bambook may be liable is limited per event, where a series of related events counts as one event, to the amount payable by Customer to Bambook under the Contract.
4. Any limitations of liability set out in the Contract or General terms and conditions shall lapse if and insofar as the damage concerned is the result of intent or deliberate recklessness on the part of Bambook's management.
5. Bambook's liability for an attributable breach of a Contract shall arise only if Customer gives Bambook immediate and proper notice of default in writing, setting a reasonable time for the breach to be remedied, and Bambook remains attributably in breach of its obligations even after that time. The notice of default must contain as detailed a description as possible of the breach, so that Bambook is able to respond adequately.
6. A condition for any right to compensation is always that Customer reports the damage to Bambook in writing and by registered mail as soon as possible after becoming aware of it. Any claim for compensation for Customer shall lapse by the mere expiry of three months after Customer became aware of, or reasonably should have been aware of, the damage they have suffered.
12. Force majeure
1. This article applies to Consumers only to the extent permissible under applicable law.
2. Bambook shall not be obliged to comply with any obligation if and for as long as it is prevented from doing so as a result of force majeure. Force majeure shall in any case include: disruption of transport, strikes, interruption of supplyon, fire, floods, import and export restrictions and in the event that Bambook is prevented by its own suppliers from being able to deliver, regardless of the reason, as a result of which Bambook cannot reasonably be expected to perform the Contract.
3. If a force majeure situation has lasted longer than thirty (30) days, the Parties have the right to dissolve the Contract immediately in writing. That which has already been performed under the Contract at the time of dissolution shall in that case be accounted for proportionately, without the Parties owing each other anything else.
13. Complaints and disputes
1. If the Customer is not satisfied with the way Bambook has executed the Contract, the Customer is requested to make this known via the contact options listed on the Website. Any notification or complaint will be dealt with carefully and as soon as possible. Bambook shall endeavour to ensure that the Customer receives a substantive response within 14 calendar days.
2. A Consumer residing in the European Economic Area and with whom Bambook has entered into a Distance contract may apply to a dispute resolution body via the European ODR Platform, which can be found at: https://ec.europa.eu/consumers/odr/, for example if the Consumer is not satisfied with the way Bambook has handled his/her complaint.
14. Other provisions
1. Contracts are governed by Dutch law. The applicability of the Vienna Sales Convention is excluded.
2. The choice of law referred to in the first paragraph shall not, pursuant to Article 6 of the Rome-1 Regulation ((EC) 593/2008) with regard to Consumers, result in the Consumer losing any protection afforded to them under mandatory provisions of the country in which they have their habitual residence.
3. All disputes arising from contracts with Bambook will be submitted to the Dutch courts in the district where Bambook has its registered office. Bambook will grant Consumers a period of one month after Bambook has invoked this provision (choice of forum) in writing vis-à-vis the Consumer, to opt for resolution of the dispute by the court having jurisdiction under the law.
4. In relation to Business Customers, should any provision in these General Terms and Conditions prove to be invalid or be annulled, this shall not affect the validity of the remaining General Terms and Conditions. In that case, the parties shall determine (a) new provision(s) to replace it(them), which will give expression to the intention of the original provision as far as legally possible.
5. In these General Terms and Conditions, "in writing" also means communication by email, provided that the identity of the sender and the integrity of the email are sufficiently established.