Terms & Conditions

Article 1 — Definitions

In these terms and conditions the following definitions apply:

Cooling-off 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 enters into a distance agreement with the trader;
Day: calendar day;
Continuing performance transaction: a distance agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to renounce the distance agreement within the cooling-off period;
Model form: the model withdrawal form that the trader makes available, which a consumer can complete when they wish to exercise their right of withdrawal.
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement whereby, within the framework of a system organised by the trader for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: a means that can be used to conclude an agreement without the consumer and trader being together in the same room at the same time.
Terms & Conditions: the present Terms & Conditions of the trader.

Article 2 — Identity of the trader

Blossom Bliss
Eemnesserweg 107
1221 CW Hilversum
Netherlands
T: (062) 880-5508
E: hello@blossombliss.nl
Chamber of Commerce: 91524644
VAT number: NL865682999B01

Article 3 — Applicability

These terms and conditions apply to every offer from the trader and to every distance agreement and orders concluded between trader and consumer.
Before the distance agreement is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the terms and conditions can be inspected at the trader and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance agreement is concluded electronically, then, by way of derogation from the previous paragraph and before the distance agreement is concluded, the text of these terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded it will be indicated 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.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions in these terms and conditions are at any time wholly or partly void or annulled, then the agreement and these terms and conditions otherwise remain in force and the provision concerned will, by mutual consultation, be replaced without delay by a provision that approximates the scope of the original as closely as possible.
Situations not covered by these terms and conditions must be assessed ‘in the spirit’ of these terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 — The offer

If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.
The offer is without obligation. The trader is entitled to change and adjust the offer.
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 trader 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 trader.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or rescission of the agreement.
Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colours displayed exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to acceptance of the offer.

Article 5 — The agreement

The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may rescind the agreement.
If the agreement is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.
The trader may — within statutory frameworks — inform itself as to whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, it is entitled, with reasons, to refuse an order or request or to attach special conditions to its performance.
In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 — Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to rescind the agreement without giving reasons for a period of 14 days. This cooling-off period begins 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 trader.
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 it. If they exercise their right of withdrawal, they will return the product with all delivered accessories and — if reasonably possible — in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the trader within 14 days of receipt of the product. The consumer must make this known by means of the model form or by another means of communication such as email. After the consumer has made it 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 a proof of shipment.
If the customer has not made it known that they wish to exercise their right of withdrawal, or has not returned the product to the trader, after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.

Upon delivery of services:

Upon delivery of services, the consumer has the option to rescind the agreement without giving reasons for a period of at least 14 days, commencing on the day the agreement is entered into.
To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader at the time of the offer and/or at the latest upon delivery.

Article 7 — Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, at most the costs of return shipment are at their expense.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but at the latest within 14 days of withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. Refunding will take place via the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.
In the event of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any loss of value of the product.
The consumer cannot be held liable for loss of value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 — Exclusion of the right of withdrawal

The trader 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 trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been produced by the trader in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that can spoil or age quickly;
- whose price is tied to fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which has begun with the consumer's express consent before the cooling-off period has expired;
- relating to betting and lotteries.

Article 9 — The price

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.
By way of derogation from the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations in the financial market and over which the trader has no influence at variable prices. This dependence on fluctuations, and the fact that any prices stated are target prices, is stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this.
The prices stated in the offer of products or services include VAT.
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 trader is not obliged to deliver the product at the incorrect price.

Article 10 — Conformity and warranty

The trader guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement.
Any defects or incorrectly delivered products must be reported in writing to the trader within 2 months of discovery of the defect.
The trader's warranty period corresponds to the manufacturer's warranty period. The trader is, however, 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.
The warranty 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 carelessly handled or handled contrary to the instructions of the trader and/or 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

The trader will exercise the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.
The address that the consumer has made known to the company is regarded as the place of delivery.
With due observance of what is stated about this in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or only partially, the consumer will be notified of this no later than 30 days after placing the order. In that case the consumer has the right to rescind the agreement free of charge. The consumer is not entitled to compensation.
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.
In the event of rescission in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of rescission.
If delivery of an ordered product proves impossible, the trader 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. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the trader's expense.
The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 — Continuing performance transactions: duration, cancellation and renewal

Cancellation:

The consumer may at all times terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services, with due observance of the cancellation rules agreed for this purpose and a notice period of at most one month.
The consumer may at all times terminate an agreement entered into for a definite period and aimed at the regular delivery of products (including electricity) or services towards the end of the definite term, with due observance of the cancellation rules agreed for this purpose and a notice period of at most one month.
The consumer may: terminate the agreements referred to in the previous paragraphs at all times and not be limited to termination at a specific time or in a specific period; terminate them at least in the same way as they were entered into by them; always terminate them with the same notice period as the trader has stipulated for itself.

Renewal:

An agreement entered into for a definite period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite term.
An agreement entered into for a definite period and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite term if the consumer may terminate at all times with a notice period of at most one month.

Article 13 — Payment

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

Article 14 — Complaints procedure

Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within 2 months after the consumer has discovered the defects.
Complaints submitted to the trader are answered within a period of 21 days counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the period of 21 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual consultation, a dispute arises that is amenable to the dispute settlement procedure.
In the case of complaints, a consumer must first turn to the trader.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be well founded by the trader, the trader will, at its choice, either replace or repair the delivered products free of charge.

Article 15 — Disputes

Only Dutch law applies to agreements between the trader and the consumer to which these terms and conditions relate. This also applies if the consumer resides abroad.
The Vienna Sales Convention does not apply.