GENERAL CONDITIONS BLOX
 

ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the following terms, always capitalized, are used in the following meaning.

1. Blox: the user of these general terms and conditions, established at De Dagmaet 1, 5066EM in Moergestel.

2. Buyer: any natural or legal person with whom Blox has entered into or intends to conclude an Agreement.

3. Consumer: a Buyer, natural person, not acting in the exercise of a profession or business.

4. Parties: Blox and the Buyer jointly.

5. Agreement: any agreement entered into between Blox and the Buyer through the Web Shop with which Blox has committed itself towards the Buyer for the delivery of Products.

6. Products: all goods to be supplied by Blox to the Buyer in the context of the Agreement, which may include, but are not limited to, whether or not furniture and home accessories manufactured or processed in accordance with the Buyer’s specifications.

7. Web store: www.blox.sale.

8. Written: in addition to traditional written communication, communication by e-mail or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.


ARTICLE 2. | GENERAL PROVISIONS

1. These general terms and conditions apply to every offer of Blox and every Agreement addressed to the Buyer through the Web Shop.

2. The possible purchase or other general terms and conditions of the Buyer do not apply to the Agreement.

3. The provisions of these general terms and conditions can only be deviated explicitly and in writing. If and insofar as what the Parties have explicitly agreed in Writing, differs from the provisions of these general terms and conditions, then what the Parties have agreed explicitly and In Writing.

4. Destruction or invalidity of one or more of the provisions of these general terms and conditions or the Agreement as such does not affect the validity of the other clauses. In an appropriate case, the Parties are obliged to consult each other in order to make a replacement arrangement with regard to the affected clause. In doing so, the aim and scope of the original provision are taken into account as much as possible.
 

ARTICLE 3. | OFFER AND CONCLUSION OF AGREEMENTS

1. Any Blox offer addressed to the Buyer through the Web Shop is without obligation. Blox can still revoke its offer until immediately after acceptance thereof by the Buyer. If in such a case of cancellation payment has already been made by the Buyer, Blox will arrange for a refund to the Buyer as soon as possible, or at least within one working day.

2. The Buyer cannot derive any rights from an offer from Blox that contains a manifest error or mistake.

3. Each Agreement is concluded, without prejudice to the provisions of paragraph 1, at the moment that the Buyer has accepted Blox’s offer in the manner designated for this purpose by Blox and the Buyer has complied with all the conditions that expressly accept the offer are connected.

4. Without prejudice to the provisions of paragraph 1, Blox will confirm the Purchaser’s order to the Purchaser by e-mail as soon as possible.

5. If the Buyer concludes the Agreement in the name of another natural or legal person, he declares that he is authorized to do so by entering into the Agreement. In addition to this (legal) person, the Buyer is jointly and severally liable for the fulfillment of the obligations under that Agreement.


ARTICLE 4. | RIGHT OF DISSOLUTION FOR CONSUMERS

1. Subject to the other provisions of this article and in particular the following paragraph, the Consumer may dissolve the Agreement in whole or in part up to 14 days after receipt of the Products, without stating reasons.

2. The Consumer does not have the right of dissolution in case of:

a) the delivery of Products manufactured according to specifications of the Consumer that are not prefabricated and that are manufactured or processed on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person;

b) the delivery of Products that are not suitable for being returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;

c) a consumer purchase in respect of which the right of dissolution is otherwise excluded by law or does not apply.

3. The Consumer can terminate the Agreement by submitting a request for this to Blox by e-mail or by using the model form offered by Blox for withdrawal. As soon as possible after Blox has been informed of the intention of the Consumer to terminate the Agreement and if the conditions of this article are met, Blox will confirm the termination of the Agreement by e-mail.

4. During the period referred to in paragraph 1, the Consumer must handle the Products to be returned and their packaging with care. The Consumer may only handle and inspect the Products to be returned to the extent necessary to assess the nature and characteristics of the Products. The basic principle here is that the Consumer may only handle and inspect the Products as he would be allowed to do in a physical store.

5. If the Consumer makes use of the right of dissolution, he will return the Products undamaged, with all accessories supplied and in the original condition and packaging to Blox.

6. The Consumer is liable for value reduction of the Products that is the result of a way of dealing with the Products that goes beyond what is permitted under paragraph 4. Blox is entitled to charge this value

reduction to the Consumer, whether or not by set this off against any payment already received from the Consumer.

7. Re-delivery of the Products must take place within fourteen days after the Consumer has dissolved the Agreement in accordance with the provisions of paragraph 3.

8. f the Consumer exercises the right of dissolution, the costs of returning the Products will be borne by the Consumer.

9. Blox will refund any payment already received from the Consumer with regard to the part of the order that is returned, minus any depreciation, as soon as possible, but no later than fourteen days after termination of the Agreement, provided that the Products have been returned by Blox, or the Consumer has demonstrated that the Products have actually been returned. If the right of dissolution is only applied to a part of the order, then the delivery costs paid by the Consumer at first instance are not eligible for a refund. Furthermore, Blox is not obliged to reimburse the additional costs if, when ordering, the Consumer explicitly opted for a method other than the least expensive method of standard delivery offered by Blox.


ARTICLE 5. | TOLERANCES

In the offer, the Agreement as such or in any other way the properties of the Products stated and / or dis played by Blox that are supplied under the Agreement may deviate from what is actually delivered on minor points. Subordinate points are deemed to be all minor deviations in properties of the Products, which the Buyer should reasonably tolerate, such as slight deviations in colors, sizes, structures and finish. The presence of minor deviations offers the Buyer no reason to suspend his obligations under the Agreement, to dissolve the Agreement in whole or in part, or to claim compensation or any other compensation.
 

ARTICLE 6. | DELIVERY OF PRODUCTS

1. Unless it has been expressly agreed that the Products will be collected by or on behalf of the Buyer at a location designated by Blox, delivery of the Products will be made by delivery to the delivery address specified by the Buyer. If the Buyer has not specified a delivery address, the billing address is the delivery address. Collection of the Products by or on behalf of the Buyer will only take place on the date and time agreed with Blox.

2. Blox reserves the right to deliver orders in parts. In that case, the possible cooling-off period of the Consumer as referred to in Article 4.1 will only commence at the moment that the last partial delivery from the order has been received by or on behalf of the Consumer.

3. In the event of delivery of the Products by or on behalf of Blox, the agreed delivery address must be sufficiently accessible. Delivery takes place up to the first threshold of the delivery address.

4. The risk of loss and damage to the Products is transferred to the Buyer as soon as the Products have been received by or on behalf of the Buyer.

5. If the agreed delivery period is exceeded, the Purchaser is never entitled to refuse to accept the Products and / or to pay the amount owed by him to Blox pursuant to the Agreement, without prejudice to the provisions regarding default in Article 7.

6. If the Products could not be delivered due to a circumstance attributable to the Buyer, Blox is entitled to store the Products at the Buyer’s expense and risk, without prejudice to the Buyer’s obligation to pay amount owed by him to Blox. The non-compliance receiving additional costs to be incurred by the Buyer as referred to here, such as additional freight / delivery costs and the like, will therefore be borne by the Buyer. The provisions of the foregoing in this paragraph are without prejudice to the fact that the risk of loss and damage to the Products does not pass to the Consumer until the Products have been received by or on behalf of the Consumer.


ARTICLE 7. | DELIVERY TIMES

If a delivery period has not been explicitly agreed, Blox is legally obliged to deliver within thirty days after the conclusion of the Agreement. If a delivery time has been agreed, this only concerns an indicative, non-fatal period. If Blox does not deliver within thirty days or the agreed delivery period, Blox’s default will only take effect if the Buyer has sent Blox a Written notice of default stating a reasonable period within which Blox must still proceed to delivery and delivery even after the expiry of this period has not been used.

Only in the event that Blox’s default has commenced, is the Buyer entitled to terminate the Agreement for that part to which Blox’s default relates and is entitled to proportional repayment or remission. A single exceeding of the delivery period therefore does not entitle the Buyer to any compensation.
 

ARTICLE 8. | INVESTIGATION, COMPLAINTS AND WARRANTY

1. Blox guarantees that the Products meet the Agreement at the time of delivery. For the rest, any form of guarantee is excluded, provided that this does not affect the mandatory legal rights and claims that consumers can assert against Blox.

2. At the time of delivery of the Products, the Buyer must immediately examine whether the Products comply with the Agreement. If, in the opinion of the Buyer, the Products do not comply with the Agreement, the Buyer must notify Blox immediately.

3. The provisions of paragraph 2 are without prejudice to the mandatory legal complaint period for Consumers, which means that the Consumer can no longer rely on the fact that a Product does not comply with the Agreement if the Consumer does not notice this within two months after discovery of the defect has done to Blox.

4. If the Buyer does not complain in time in accordance with the provisions of the previous paragraphs, no such obligation arises for Blox from such a complaint from the Buyer.

5. Even if the Purchaser complains in time, the Purchaser’s obligation to make timely payment to Blox remains in place, without prejudice to the mandatory legal rights of Consumers in this regard.

6. Any claim by the Buyer in relation to the statement that a Product does not comply with the Agreement will lapse if the defect of the Product is the result of an external cause after the delivery or another cause not attributable to Blox or its supplier. circumstance. This includes, without limitation, defects arising after delivery as a result of damage, natural wear and tear, incorrect or improper handling, incorrect or improper use, use in violation of any user instructions and making changes to the Products.

7. Claims as referred to in the preceding paragraphs of this article can only be invoked by the Buyer if the Buyer has met all his payment obligations arising from the Agreement.

8. In the event of a valid appeal by the Buyer based on the statement that the delivered goods do not comply with the Agreement, the Buyer, at Blox’s option, will only claim repair or replacement of the delivered goods by or on behalf of Blox. Repair or replacement applies to full compensation for Blox. If repair and replacement is not possible, the Buyer is entitled to a reasonable financial compensation to be determined by Blox, which is partly dependent on the period in which use has been made of the relevant Product and which never amounts to more than the the Product paid price.

9. Products, subject to the provisions of Article 4, can never be returned without prior written permission from Blox.
 

ARTICLE 9. | FORCE MAJEURE

1. Blox is not obliged to fulfill any obligation under the Agreement if and for as long as it is hindered by a circumstance that cannot be imputed to it by virtue of the law, legal act or social opinion.

2. If the force majeure situation makes compliance with the Agreement permanently impossible, the Parties are entitled to terminate the Agreement with immediate effect.

3. If, at the start of the force majeure situation, Blox has already partially fulfilled its delivery obligations, or can only partially meet its delivery obligations, it is entitled to claim reimbursement of the part or part of the Agreement that has already been delivered.

4. Without prejudice to the application of the previous paragraph, damage as a result of force majeure will never qualify for compensation.
 

ARTICLE 10. | SUSPENSION AND DISSOLUTION

1. Blox is, if the circumstances of the case reasonably warrant it, authorized to suspend the execution of the Agreement or to dissolve the Agreement with immediate effect, in whole or in part, if and insofar as the Buyer does not fulfill his obligations under the Agreement, timely or incomplete compliance, or circumstances that come to the knowledge of Blox after the conclusion of the Agreement give good reason to fear that the Buyer will not fulfill its obligations. If the fulfillment of the obligations of the Purchaser in respect of which he fails or threatens to fall short, is not permanently impossible, the authority to dissolve shall only arise after the Purchaser has been In Writing in default, in which notice of default a reasonable term is stated within which the Buyer can (still) fulfill his obligations and the fulfillment has still not materialized after the expiry of the latter period.

2. If the Buyer liquidates his business or transfers it to a third party, is in a state of bankruptcy, has applied for a (provisional) suspension of payment, a legal debt rescheduling arrangement has been declared applicable to him, any seizure of his goods has been made, as well as in cases in which the Buyer cannot otherwise freely dispose of his assets, Blox is entitled to terminate the Agreement with immediate effect, unless the Buyer has already provided sufficient security for the amount he owes to Blox under the Agreement.

3. The Buyer is obliged to compensate Blox for the loss or dissolution of the Agreement.

4. If Blox terminates the Agreement, all possible claims that Blox still has against the Buyer are immediately due and payable.
 

ARTICLE 11. | PRICES, DELIVERY COSTS AND PAYMENTS

1. Unless explicitly stated otherwise, all prices stated by Blox are exclusive of VAT and delivery costs, on the understanding that:

- free delivery applies in case of delivery within the Netherlands;

- in the case of a consumer purchase prior to the conclusion of the Agreement, the total price is stated, including VAT and any delivery costs.

2. Unless explicitly agreed otherwise, the Buyer is obliged to pay 10% of the agreed total amount upon conclusion of the Agreement and the remaining payment must be paid no later than eight days before the delivery of the Products. However, in the case of a consumer purchase, Blox will not oblige the Consumer to pay more than 50% of the purchase price in advance. Payment in advance is not considered to be payment upon delivery of the Products.

3. As long as the Buyer is in breach of Blox’s payment of a payment obligation that is already due and payable to him, Blox is not obliged to (further) implement the Agreement.

4. Payments must be made by bank transfer within the period stated on the relevant invoice.

5. If timely payment is not made, the default of the Purchaser will take effect by operation of law. From the day that the Buyer’s default occurs, the Buyer owes an interest of 2% per month on the outstanding amount, whereby part of a month is considered a full month. Contrary to the previous sentence, instead of the contractual interest referred to therein, the statutory interest applies if the Buyer acts in the capacity of the Consumer.

6. All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain the amounts owed to Blox by the Buyer, shall be borne by the Buyer.
 

ARTICLE 12. | LIABILITY AND DISCLAIMER

1. Blox never bears any liability for damage in connection with or damage caused by an incorrectness or incompleteness in the data provided by the Buyer, such as with regard to the delivery address and the specifications provided by him with regard to the manufacture or processing of the products. The Buyer furthermore bears the damage caused by another shortcoming in the fulfillment of the Purchaser’s obligations arising from the law or the Agreement or another circumstance that cannot be attributed to Blox.

2. Subject to intent and deliberate recklessness on the part of Blox and without prejudice to the provisions of Article 8, Blox bears no liability for defects in the Products after delivery.

3. Blox is never liable for indirect damage, including personal injury, loss suffered, lost profit and damage due to business interruption.

4. Should Blox, despite the provisions of these general terms and conditions, be liable for any damage, Blox has the right to repair this damage at any time. The Buyer must give Blox the opportunity to do so, failing which any liability on the part of Blox will lapse.

5. Blox’s liability is limited to no more than the invoice value of the Agreement, or at least to that part of the Agreement to which Blox’s liability relates, on the understanding that Blox’s liability will never amount to more than the amount with regard to of the relevant case is actually paid out under Blox’s business liability insurance policy, plus any deductible that is applicable to Blox under that insurance policy.

6. The limitation period of all legal claims and defenses against Blox is one year. Contrary to the previous sentence, claims and defenses that accrue to Consumers, which are based on facts that would justify the claim that the goods delivered do not comply with the Agreement, expire after two years.

7. The Buyer and in particular the reseller of the Products, indemnifies Blox against any claims from third parties who suffer damage in connection with the implementation of the Agreement and whose cause is attributable to others than Blox. If Blox could be sued by third parties on that basis, the Buyer is obliged to assist Blox both outside and in court and immediately do everything that can reasonably be expected of him in that case. If the Buyer fails to take adequate measures, Blox is entitled to do so itself without notice of default. All costs and damage on the part of Blox and third parties that arise as a result are integrally for the account and risk of the Buyer.

8. In the case of a consumer purchase, the limitations in this article do not extend beyond what is permitted by virtue of article 7:24 paragraph 2 of the Dutch Civil Code.
 

ARTICLE 13. | RETENTION OF TITLE

1. All Products remain the property of Blox until the Buyer has fulfilled all his payment obligations towards Blox in respect of the relevant Agreement.

2. The Buyer is prohibited from selling, pledging or encumbering the Products subject to retention of title in any other way.

3. The Buyer is obliged to store the Products delivered under retention of title with due care and as recognizable property of Blox. Furthermore, these Products must be and remain sufficiently insured against fire, explosion and water damage, as well as against theft. The Buyer will make the policy of this insurance policy (s) available for inspection at Blox’s first request.

4. If third parties seize the Products subject to the retention of title, or wish to establish or enforce rights thereon, the Buyer is obliged to inform Blox of this as soon as possible.

5. In the event of violation of the provisions of this article, the amount owed by the Buyer under the Agreement will become immediately due and payable.

6. The Buyer gives unconditional permission to Blox or third parties designated by Blox to enter all those places where the Products subject to retention of title are located. The Buyer must provide Blox with all information at its first request in order to exercise its property rights, under penalty of an immediately due and payable fine of €  500 per day that the Buyer is in default and without Blox having to pay the Buyer for this. to state. All reasonable costs associated with the exercise of the ownership rights of Blox will be borne by the Buyer.
 

ARTICLE 14. | SPECIAL PROVISIONS FOR RESELLERS / DEALERS

1. If and insofar as the Products are intended for resale by the Buyer, resale to buyers of the Buyer is for the Buyer’s own account and risk. The Buyer who acts as a reseller of the Products is himself responsible for the fulfillment of his legal obligations towards his end customers, such as with regard to the legal seller’s guarantee towards consumers.

2. Any cooperation between Blox and the Buyer that acts as a reseller is never exclusive, unless explicitly agreed otherwise in Writing; Blox is entitled to appoint several resellers without geographical restrictions.

3. The reseller is obliged to use the brand names and signs associated with the Products in connection with the resale of the Products. The Buyer is not permitted to remove or change any brand name or mark of the Products or packaging thereof, or to attach any own brand name to the Products or to affix their own markings to the Products or packaging thereof.
 

ARTICLE 15. | GENERAL COMPLAINT POLICY

1. Complaints with regard to the implementation of the Agreement must, without prejudice to the provisions of Article 8, be submitted promptly and clearly, in writing, to Blox in writing, after the Buyer has fully and clearly described the grounds for the complaint.

2. Complaints submitted to Blox will be answered within a period of fourteen days after receipt. If a complaint requires a longer processing time, a reply will be sent within the period of fourteen days with an acknowledgment of receipt and an indication of when the Buyer can expect a more detailed answer.

3. If a complaint from a Consumer cannot be resolved in mutual consultation, the Consumer can submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/consumers/odr/).
 

ARTICLE 16. | INTELLECTUAL OWNERSHIP

1. Blox reserves all intellectual property rights, including design and trademark rights, with regard to the Products, designs thereof and the brand and trade names used by Blox, including “Blox” and “Blox.sale”, as well as on the texts, image materials and other content of any kind displayed in the Web Store. The Buyer is forbidden to duplicate these goods, to have them reproduced, to have them reproduced, to have them made public or to have them spread or to have them used in any other way than to have them used in connection with the normal intended use.

2. A breach attributable to the Purchaser of the provisions of the previous paragraph gives Blox the right to claim immediate cancellation of the infringement, as well as compensation to be determined on the basis of the nature and scope of the infringement.
 

ARTICLE 17. | FINAL PROVISIONS

1. Dutch law applies exclusively to every Agreement and all legal relationships arising from it between Parties.

2. Parties will not appeal to the courts until they have made the best possible effort to settle the dispute in mutual consultation.

3. Insofar as the law does not forcefully deviate from this under the given circumstances of the case, only the competent court within the district of Blox’s place of business is designated to take cognizance of any legal disputes.

4. If these general terms and conditions are available in several languages, the Dutch version thereof is always decisive for the explanation of the clauses contained therein.