Terms of service

General Terms and Conditions

Note: No rights can be derived from these general terms and conditions. If you have any doubts about their content, please consult a legal expert.

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these conditions, the following terms shall have the following meanings:

Reflection Period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Duration Transaction: A distance contract relating to a series of products and/or services, where the obligation of supply and/or purchase is spread over time.
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 possibility for the consumer to withdraw from the distance contract within the reflection period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
Distance Contract: An agreement in which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusive use is made of one or more techniques for remote communication up to and including the conclusion of the agreement.
Technology for Remote Communication: A means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same space.

Article 2 - Identity of the Entrepreneur

Balzy
Registered address: Archangelkade 17B, Amsterdam
Email address: info@balzy.nl
Chamber of Commerce number: 80600816
VAT identification number: NL861731396B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before concluding the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that they can be stored by the consumer in an accessible manner 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 they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they shall be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. In particular, errors in advertisements outside the entrepreneur’s website are not binding, and the information on the entrepreneur’s website shall always be considered leading.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns, in particular:
- The price including taxes;
- Any delivery costs;
- The method by which the agreement will be concluded and what actions are required for this;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the agreement;
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- The level of the tariff for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the used means of communication;
- Whether the contract will be archived after conclusion, and if so, how it can be consulted by the consumer;
- The way in which the consumer can check and, if desired, correct the data provided in the context of the agreement before concluding it;
- The languages in which, in addition to Dutch, the agreement can be concluded;
- The codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
- The minimum duration of the distance contract in case of a duration transaction.
- Article 5 - The Agreement
  The agreement is concluded at the moment the consumer accepts the offer and meets the associated conditions, subject to the provisions of paragraph 4. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur shall take appropriate security measures. The entrepreneur may—within legal limits—verify whether the consumer can meet his payment obligations, as well as all relevant facts and factors for responsibly entering into the remote agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution. The entrepreneur shall provide the consumer with the following information, in writing or in a way that allows the consumer to store it on a durable medium, along with the product or service: a. the business address of the entrepreneur’s establishment where the consumer can file complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded; c. information on warranties and after-sales services; d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
  
  Article 6 - Right of Withdrawal
  When purchasing products, the consumer has the right to dissolve the agreement within 14 days without stating reasons. This cooling-off period begins on the day after the consumer, or a designated representative notified to the entrepreneur, receives the product. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine whether he wishes to keep it. If he exercises his right of withdrawal, he shall return the product, including all accessories and, if reasonably possible, in its original condition and packaging, to the entrepreneur, following reasonable and clear instructions provided by the entrepreneur.
  
  Article 7 - Costs in Case of Withdrawal
  If the consumer exercises his right of withdrawal, he will bear no more than the cost of returning the product. If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.
  
  Article 8 - Exclusion of Right of Withdrawal
  The entrepreneur may exclude the right of withdrawal for products as specified in paragraphs 2 and 3. The exclusion is only valid if the entrepreneur has clearly stated this in the offer, at least before concluding the agreement. Exclusion of the right of withdrawal is only possible for products: a. manufactured according to consumer specifications; b. clearly personal in nature; c. that cannot be returned due to their nature; d. that can spoil or age quickly; e. with prices subject to financial market fluctuations beyond the entrepreneur’s control; f. single newspapers and magazines; g. audio and video recordings and computer software where the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: a. regarding accommodation, transport, restaurant services, or leisure activities on a specific date or period; b. which began with the consumer’s explicit consent before the cooling-off period expired; c. regarding betting and lotteries.
  
  Article 9 - The Price
  During the validity period stated in the offer, prices of products and/or services shall not increase, except for price changes due to changes in VAT rates or obvious errors. Contrary to the previous paragraph, the entrepreneur may offer products or services with prices dependent on financial market fluctuations beyond his control at variable prices. These dependencies and the fact that mentioned prices are indicative shall be stated in the offer. Price increases within 3 months after concluding the agreement are only allowed if they result from legal regulations or provisions. Price increases after 3 months are only permitted if the entrepreneur has stipulated this and: a. they result from legal regulations or provisions; or b. the consumer has the right to terminate the agreement on the day the price increase takes effect. Prices stated in product or service offers include VAT.
  
  Article 10 - Conformity and Warranty
  The entrepreneur guarantees that products and/or services conform to the agreement, the specifications stated in the offer, reasonable quality and usability requirements, and legal requirements and government regulations applicable at the time of agreement formation. If agreed, the entrepreneur also guarantees suitability for non-standard use. A warranty from the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights under the agreement.
  
  Article 11 - Delivery and Execution
  The entrepreneur shall exercise the utmost care when receiving and executing product orders and assessing service requests. The delivery location is the address provided by the consumer. With due regard to article 4, the company shall execute accepted orders promptly, but no later than 30 days, unless a longer period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or only partially, the consumer shall be informed within 30 days. The consumer then has the right to dissolve the agreement without costs and is entitled to possible compensation. In case of dissolution under the previous paragraph, the entrepreneur shall refund the consumer’s payment as soon as possible, but no later than 30 days after dissolution. If delivering a product proves impossible, the entrepreneur shall make an effort to provide a replacement. The consumer shall be informed clearly about the replacement upon delivery. The right of withdrawal cannot be excluded for replacement products. The entrepreneur bears the risk of product damage or loss until delivery to the consumer or an appointed representative, unless explicitly agreed otherwise.
  
  Article 12 - Continuing Transactions: Duration, Termination, and Renewal
  Termination The consumer may terminate an indefinite-term agreement for regular product or service delivery at any time, with due regard to the agreed termination rules and a maximum notice period of one month. A fixed-term agreement for regular product or service delivery can be terminated at the end of the term with a maximum notice period of one month. The consumer may terminate agreements as described: a. at any time, without being restricted to a specific date or period; b. using the same method by which they were entered; c. with the same notice period as the entrepreneur has for himself.
  
  Renewal Fixed-term agreements for regular product or service delivery shall not be tacitly extended or renewed for a fixed period. However, agreements for regular delivery of daily, news, and weekly magazines may be tacitly renewed for up to three months, provided the consumer can terminate them with one month's notice. Fixed-term agreements may be renewed indefinitely only if the consumer can terminate them at any time with a maximum notice period of one month (three months for publications delivered less than once a month). Introductory subscriptions to newspapers and magazines end automatically after the trial period.
  
  Duration If an agreement lasts more than one year, the consumer may terminate it after one year with one month's notice unless fairness and reasonableness dictate otherwise.
  
  Article 13 - Payment
  Unless otherwise agreed, consumer payments must be made within 14 days after the cooling-off period begins under article 6. In service contracts, this period starts after the consumer receives the agreement confirmation. Down payments of over 50% cannot be required in general terms. If a down payment is required, the consumer cannot claim order execution before making the payment. The consumer must report inaccuracies in payment details immediately. In case of non-payment, the entrepreneur may charge reasonable costs, subject to legal limitations.
  
  Article 14 - Complaints
  The entrepreneur has a well-publicized complaints procedure and handles complaints accordingly. Complaints must be submitted promptly, clearly described, after defects are found. Complaints shall be answered within 14 days. If more time is needed, the entrepreneur will provide an estimated response time. If a complaint cannot be resolved amicably, a dispute arises.
  
  Article 15 - Disputes
  Dutch law applies exclusively to agreements between the entrepreneur and consumer.
  
  Article 16 - Additional or Deviating Provisions
  Additional provisions must not disadvantage the consumer and must be recorded in a durable format.