Article 1 - Definitions
The following definitions apply to these terms and conditions:
Withdrawal period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Subscription contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over a specified period.
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract during the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers by distance selling;
Distance contract: a contract under which, within the framework of a system organized by the entrepreneur for the distance sale of goods and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
Means of distance communication: means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity
Shop name: Bolento
Chamber of Commerce number: 91092124
VAT identification number: NL004865311B14
Email: info@bolento.com
Address: PO BOX 51311, 1007 EH Amsterdam, Netherlands
Article 3 - Applicability
These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the consumer is informed before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s business premises, and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then, notwithstanding the foregoing paragraph, the text of these General Terms and Conditions may be made available to the consumer electronically before the distance contract is concluded in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that, at the consumer’s request, they will be sent free of charge electronically or by other means.
If specific product or service terms apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the provision most favorable to them.
If one or more provisions of these General Terms and Conditions are wholly or partially invalid or void at any time, the agreement and these terms and conditions shall otherwise remain in force, and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the intent of the original provision as closely as possible.
Situations not covered by these General Terms and Conditions shall be assessed “in the spirit” of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted “in accordance with the spirit” of these General Terms and Conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these provide a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot constitute grounds for compensation or dissolution of the contract.
The images accompanying the products are a faithful representation of the products offered. The operator cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
the price, excluding customs clearance fees and import VAT. These additional costs are borne by and at the customer's risk. The postal and/or courier service will apply the special scheme for postal and courier services regarding imports. This scheme applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect VAT from the recipient of the goods, whether or not together with the customs clearance fees charged;
any shipping costs;
how the agreement is concluded and what steps 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 during which the trader guarantees the price;
the rate charged for distance communication if the cost of using the means of distance communication is calculated on a basis other than the regular basic rate for the communication medium used;
whether the contract will be archived after its conclusion and, if so, how the consumer can access it;
how the consumer can review the data they have provided under the contract before concluding it and, if desired, correct it;
any other languages in which the contract may be concluded in addition to Dutch;
the codes of conduct to which the trader has submitted, and how the consumer can consult these codes of conduct electronically; and
the minimum term of the distance contract in the case of a contract for a definite period.
Optional: available sizes, colors, types of materials.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set out therein.
If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer electronically. Until the trader has confirmed receipt of this acceptance, the consumer may terminate the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
The trader may, within the limits of the law, assess whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, based on this assessment, the trader has good reasons not to conclude the contract, they are entitled to refuse an order or application, or to make its execution subject to special conditions, stating the reasons.
The trader shall provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, together with the product or service:
- the physical address of the trader’s establishment to which the consumer may direct complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about warranties and the existing customer service;
- the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer before concluding the contract;
- the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a contract for a specified period, the provision in the preceding paragraph applies only to the first delivery.
Every contract is concluded subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to terminate the contract without giving any reason for a period of 14 days. This cooling-off period begins on the day after the consumer receives the product, or after it is received by a representative previously designated by the consumer and notified to the trader.
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the entrepreneur with all accessories supplied and, where reasonably possible, in its original condition and original packaging, in accordance with the entrepreneur's reasonable and clear instructions.
If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must do so in the form of a written message/email. After the consumer has stated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.
If the customer has not expressed their wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur after the expiry of the periods specified in paragraphs 2 and 3, the purchase is final.
Article 7 - Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the product having already been returned to the entrepreneur or conclusive proof of its complete return being provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly indicated this in the offer, at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
- that the entrepreneur manufactures according to the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can deteriorate or age quickly;
- whose price is subject to fluctuations on the financial market over which the entrepreneur has no control;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer.
- for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
- in relation to accommodation, transport, restaurant visits, or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which began with the consumer’s express consent before the expiry of the cooling-off period;
- About bets and lotteries.
Article 9 – The Price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market beyond the trader’s control at variable prices. This connection to fluctuations and the fact that the stated prices are indicative prices will be specified in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has agreed to them and:
- they result from statutory provisions or regulations; or
- the consumer has the option to terminate the contract from the day on which the price increase takes effect.
Pursuant to Section 5(1) of the Turnover Tax Act 1968, the place of supply is the country in which transportation begins. In this case, the supply takes place outside the EU. The postal or courier service will therefore collect import VAT or customs clearance fees from the customer. Consequently, the trader will not charge VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to supply the product at the incorrect price.
Article 10 – Conformity and Guarantee
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for fitness for purpose and/or usability, and the statutory provisions and/or government regulations in force at the time the contract was concluded. If agreed, the trader also guarantees that the product is suitable for purposes other than normal use.
A guarantee provided by the trader, manufacturer, or importer does not affect the consumer’s statutory rights and claims against the trader under the contract.
Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the products’ ultimate suitability for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products were exposed to abnormal conditions or otherwise handled negligently or contrary to the entrepreneur’s instructions and/or handled improperly on the packaging;
The defectiveness is wholly or partly the result of regulations issued or to be issued by the government concerning the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will exercise the utmost possible care when receiving and executing orders for products.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders as soon as possible, 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 executed, or can only be executed partially, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract without costs and the right to any compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to deliver a replacement item. No later than upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The entrepreneur bears the costs of any return shipment.
The risk of damage to and/or loss of products lies with the business until the time of delivery to the consumer or a representative previously designated by and made known to the business, unless expressly agreed otherwise.
Article 12 - Contracts for successive performance: Duration, termination and renewal
Termination
The consumer may terminate an open-ended contract concluded for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services at any time at the end of the term. The agreed termination rules and a notice period of no more than one month apply.
The consumer may amend the agreements referred to in the preceding paragraphs:
end at any time and not be limited to termination at a specific time or during a specific period;
terminate them at least in the same manner in which they were concluded;
always terminate it with the same notice period that the business has stipulated for itself.
Extension
A contract concluded for a specific period that covers the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months if the consumer may terminate the extended contract at the end of the extension by giving no more than one month's notice.
A fixed-term contract concluded for the regular delivery of goods or services may only be tacitly extended for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract concerns the regular delivery of daily or weekly newspapers and magazines less than once a month.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines under an introductory subscription (trial or introductory subscription) is not tacitly extended and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year by giving no more than one month’s notice, unless reasonableness and fairness preclude termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to notify the business immediately of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the business shall, subject to statutory limitations, be entitled to charge the reasonable costs that were communicated to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the business fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the business shall be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the business shall respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute shall arise and be subject to dispute resolution.
A complaint does not suspend the operator’s obligations unless the operator states otherwise in writing.
If a complaint is deemed justified by the operator, the operator shall, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the business and the consumer to which these general terms and conditions relate shall be governed exclusively by Dutch law, even if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and tightened as of 2024 regarding the “Act amending the Turnover Tax Act 1968 (Payment Services Directive Implementation Act)” and the resulting introduction of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.
