Terms and conditions
1. Applicability’
1.1 These General Terms and Conditions of Sale (hereinafter: Conditions) apply to all offers, orders and agreements of Shop to the exclusion of any other general terms and conditions. These Terms and Conditions have been filed with the Chamber of Commerce in Eindhoven under number 17045525.
1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these Terms and Conditions can only be deviated from in writing, in which case the other provisions will remain in full force and effect.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of BCM Media BV, are also stipulated for the benefit of intermediaries and other third parties engaged by BCM Media BV.
2. Agreement’
2.1 An agreement is only concluded after acceptance of your order by BCM Media BV. BCM Media BV is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, BCM Media BV will notify this within ten (10) working days after receiving the order.
3.’Prices/Offers’
3.1 All offers of BCM Media BV are without obligation and BCM Media BV expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.
3.2 A3.2 All prices are stated in euros including VAT and excluding shipping costs.
4.Returns
4.1 All items can be returned within 14 days of receipt, provided that both parties have contacted them beforehand by e-mail. Shop will provide the address to which the products can be returned. It expressly applies here that the seal/packaging of the articles may not be broken and the articles are delivered in undamaged condition. This is in accordance with the Distance Selling Act. If this aspect is not taken into account, we unfortunately cannot take back the items and cancel the payment.
4.2 You are obliged to check whether the items delivered to your home comply with the order. If this is not the case, you can report this within 3 days by e-mail to shop@bcm.nl, stating the order number in the subject of your e-mail, and a clear explanation of why the article does not comply. BCM Media BV will replace the article or cancel your payment if it is shown that you do not accept the article for valid reasons.
4.3 In the exceptional case that an article is sent that does not comply with the order, BCM Media BV reserves the right to replace the article with a new copy or to return the paid amount. In this case, BCM Media BV will pay for the return shipping costs.
4.4 If you are returning something, please follow these steps:
• Send an e-mail to shop@bcm.nl so that we can expect your shipment. PLEASE NOTE: State the order number in the subject of your email.
• You will find the return address in the confirmation email from Shop. Pack the items in such a way as to avoid damage.
5. Payments’
5.1 If you are in default with any payment, BCM Media BV is entitled to suspend or dissolve (the execution of) the agreement concerned and related agreements.
5.2 If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by BCM Media BV .
6. Delivery
6.1 The delivery times stated by BCM Media BV are only indicative. Exceeding any delivery term does not entitle you to compensation, nor the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery term is such that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary.
6.2 The delivery of the products will take place at the place and time at which the products are ready for dispatch to you.
7. Retention of title’
7.1 Ownership of the delivered products only transfers if you have paid all that you owe to BCM Media BV under any agreement. The risk with regard to the products already transfers to you at the time of delivery.
8. Complaints and liability’
8.1 You have the obligation to investigate whether the products comply with the agreement upon delivery. If this is not the case, you must inform BCM Media BV of this as soon as possible and in any case within three (3) days after the delivery, at least after observation was reasonably possible, in writing via e-mail to shop@bcm.nl and motivated. to give notice.
8.2 If it is demonstrated that the products do not comply with the agreement, BCM Media BV has the choice to replace the products concerned with new products against their return or to refund the invoice value thereof.
8.3 If you do not wish to purchase a product for whatever reason, you have the right to return the product to BCM Media BV within fourteen (14) days after delivery. This must be reported in advance by e-mail to shop@bcm.nl, whereby you will receive a confirmation and return address from Shop. Return shipments are only accepted in this case if the product and the original packaging are undamaged, whereby the costs for return shipments are also for your account.
9. Electronic Communications and Evidence’
9.1 BCM Media BV is not liable for misunderstandings, mutilations, delays or improper transmission of data and messages as a result of the use of the Internet or any other means of communication in the traffic between the Client and BCM Media BV (or third parties engaged by the Client). unless and insofar as there is intent or gross negligence on the part of BCM Media BV.
9.2 The records of BCM Media BV serve as full proof of the existence, the content and the execution of the agreement with the Client in any legal proceedings, until the contrary is proved by the party who invokes the fact that the evidence is not reliable.
10. Force majeure’
10.1 Without prejudice to its other rights, in the event of force majeure, BCM Media BV has the right, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by notifying you in writing. and without BCM Media BV being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness would be unacceptable.
10.2 Force majeure is understood to mean any shortcoming that cannot be attributed to BCM Media BV, because it is not due to its fault and is not for its account under the law, legal act or generally accepted standards.
11. Various’
11.1 If one or more of the provisions of these Terms and Conditions or any other agreement with BCM Media BV conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new one to be determined by BCM Media BV. legally permissible comparable provision.
11.2 BCM Media BV is authorized to make use of third parties for the execution of your order(s).
12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.
12.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands
