Store regulations

ARTICLE 1. | DEFINITIONS

In these general conditions the following terms, always beginning with a capital letter, are used in the following sense.

Bianlos: the user of these general terms and conditions, located at Ferrandweg 8a, 2523 XT in The Hague, the Netherlands, registered in the Trade Register under KvK number 87258986.
Customer: any natural or legal person with whom Bianlos has concluded or intends to conclude an Agreement.
Consumer: a Customer, natural person, acting for purposes which are outside his professional or business activities.
Parties: Bianlos and the Customer jointly.
Contract: any contract concluded between the Parties through the Webshop or otherwise at a distance under which Bianlos has undertaken to sell and deliver Products to the Customer.
Webshop: www.bianlos.com.
Products: the goods to be sold and delivered to the Client by Bianlos under the Contract, which may include, but are not limited to, clothing, toys and lifestyle products.
Written: communication in writing, communication by e-mail or any other means of communication which, in view of the state of the art and generally accepted views, can be equated with this.

ARTICLE 2. | GENERAL PROVISIONS

These general terms and conditions shall apply to every offer made by Bianlos and every Contract to which these general terms and conditions have been declared applicable, as well as to all legal relationships arising therefrom between the Parties.
The applicability of any general terms and conditions of the Customer, under any denomination whatsoever, is expressly rejected.
The provisions of these general terms and conditions may only be deviated from expressly and in Writing. If and insofar as the provisions of these general terms and conditions deviate from what the Parties have expressly agreed in Writing, what the Parties have expressly agreed in Writing shall prevail.
Destruction or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such shall not affect the validity of the remaining provisions. In such a case the Parties are obliged to enter into mutual consultation in order to reach a replacement arrangement in respect of the affected clause. The purpose and purport of the original provision will be taken into account as far as possible.

ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT

Every offer made by Bianlos is without obligation, even if the offer states that the offer is valid for a definite period only. Bianlos can revoke its offer immediately, or at least as soon as possible after the acceptance thereof by the Customer. If in such a case payment has already been made by the Customer, Bianlos will arrange for reimbursement as soon as possible.
The Customer cannot derive any rights from an offer of Bianlos which contains an obvious error or mistake.
Notwithstanding the provisions of paragraph 1, each Contract is concluded at the moment that the Customer has correctly completed the order in the manner indicated by Bianlos. Then, notwithstanding the provisions of paragraph 1, Bianlos will confirm the formation of the Agreement to the Customer as soon as possible by email or otherwise In Writing.
If the Customer concludes the Agreement in the name of another natural person or legal entity, by entering into the Agreement he declares that he is authorized to do so. In addition to this (legal) person, the Customer is jointly and severally liable for compliance with the obligations under that Agreement.

ARTICLE 4. | RIGHT OF WITHDRAWAL FOR CONSUMERS

Subject to the provisions of the rest of this article and in particular the provisions of the following paragraph, a Consumer may revoke a Contract without giving reasons up to 14 days after the Products have been received by or on behalf of the Consumer.
The Consumer has no right of withdrawal in case of the delivery of Products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery. For example, undergarments whose seal was opened after delivery are therefore excluded from the right of withdrawal in any case. For the product range offered by Bianlos at the time these General Terms and Conditions were concluded, other legal grounds for exclusion from the right of withdrawal do not apply. If other Products are offered in the future for which the right of withdrawal is excluded under statutory provisions, the relevant ground for exclusion will be expressly stated in Bianlos’ offer.
The Consumer may withdraw from the Agreement by using the model withdrawal form offered by Bianlos, or by submitting a request to Bianlosby e-mail at info@bianlos.com.
As soon as possible after Bianlos has been notified of the Consumer’s intention to revoke the Agreement and if the conditions of this article have been met, Bianlos will confirm the revocation of the Agreement by email. The burden of proof that the Agreement has been revoked in a timely manner and in accordance with the above is on the Consumer.
During the withdrawal period, the Consumer must handle the returned Products 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.
The Consumer must return delivered Products to Bianlos undamaged, with all delivered accessories and in their original condition and packaging.
The Consumer shall be liable for any diminished value of returned Products resulting from any handling of the Products beyond that permitted under paragraph 5. Bianlos shall be entitled to charge such diminution in value to the Consumer, whether or not by setting it off against any payment already received from the Consumer.
Return of Products must take place within 14 days after the Consumer has revoked the Agreement in accordance with the provisions of paragraph 3, at the return address of Bianlos: Ferrandweg 8a, 2523 XT in The Hague, The Netherlands.
The costs of returning Products shall be borne by the Consumer.
Bianlos will refund any payment already received from the Consumer, minus any reduction in value, as soon as possible, but not later than within 14 days after revocation of the Agreement, provided that the Products to be returned have been received by Bianlos, or the Consumer has provided evidence that the Products have actually been returned.

ARTICLE 5. | CANCELLATION OF THE AGREEMENT OTHER THAN PURSUANT TO ARTICLE 4

The provisions of the following paragraphs of this Article shall not affect the provisions of Article 4. The provisions of Article 4 shall therefore prevail over the provisions of this Article 5.
If the Customer cancels the Agreement after its conclusion, Bianlos is entitled to refuse to do so and to hold the Customer to his payment obligations. In case the delivery does not comply with the Agreement, for example because wrong Products have been delivered, the provisions of articles 7 and 8 apply.

ARTICLE 6. | DELIVERY AND DELIVERY TERMS

Delivery of the Products takes place by their delivery to the address provided by the Customer.
The risk of loss and damage to the Products passes to the Customer at the time the Products are received by or on behalf of the Customer.
Any agreed delivery terms are to be considered indicative, non-fatal terms only. Bianlos shall not be in default until the Customer has given Bianlos a notice of default In Writing specifying a reasonable period for Bianlos to make delivery, and delivery has not taken place even after the expiration of such period.
In case of multiple delivery attempts, Bianlos is entitled to charge the Customer for any additional costs incurred by Bianlos as a result.

ARTICLE 7. | INVESTIGATION AND COMPLAINTS

Upon delivery of the Products the Customer must examine whether the nature and quantity of the Products comply with the Agreement and whether the Products are free of damage or defects discernible at the time of delivery. If, in the opinion of the Customer, the nature and/or quantity of the Products are not in accordance with the Agreement or, in the opinion of the Customer, the Products are not free of damage or defects, the Customer must notify Bianlos In Writing immediately, or at least within five days after delivery, and in the event of damage to the Products, send clear photographs.
In the event of defects of the Products which were not reasonably visible or otherwise not noticeable at the time of delivery, the Customer must inform Bianlos In Writing as soon as possible, but at the latest within five days after discovery, or at least within five days after discovery, or at least within five days after discovery, which is reasonably possible.
Notwithstanding the provisions of the previous paragraphs, a Consumer can no longer claim that the Consumer Purchase is non-conforming (Article 8), if no complaint about this has been made to Bianlos within two months after discovery of the defect or shortcoming by the Consumer.
If the Customer does not complain in time or in accordance with the provisions of the preceding paragraphs, no obligation or liability shall arise for Bianlos from such complaint by the Customer.
Even if the Customer complains in time, its obligation to pay in full and on time, as well as its obligation to continue to perform the Contract, shall continue to exist, except insofar as the law for the benefit of the Consumer mandatorily precludes this.

ARTICLE 8. | GUARANTEE AND CONFORMITY

Warranty on the Products is only applicable if expressly agreed, provided that this does not affect the mandatory statutory rights and claims that Consumers may assert against Bianlos in connection with a consumer purchase (conformity). Conformity is understood to mean that a Product must possess the properties that the Consumer could expect under the Contract, also taking into account the nature of the Product, the information about it provided by Bianlos and all other circumstances of the case.
A claim for non-conformity or any warranty expressly agreed upon will in any case lapse if a defect in the Product is the result of an external cause occurring after delivery or any other circumstance not attributable to Bianlos. This includes, but is not limited to, defects due to external damage, natural wear and tear, improper or inexpert handling or cleaning (washing) and the making of changes to the Products, including repairs which have not been carried out with the prior Written consent of Bianlos.
For a valid claim of non-conformity or any warranty, the Customer must complain to Bianlos in a timely manner in accordance with the provisions of Article 7.3 or 7.2, as applicable. In the event of a valid claim of non-conformity or any expressly agreed warranty, Bianlos shall provide repair or replacement of the Products within a reasonable period of time.

ARTICLE 9. | FORCE MAJEURE

Bianlos is not obliged to fulfil any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance which cannot be attributed to it under the law, a juristic act or generally accepted practice (force majeure). In addition to the provisions of the law and jurisprudence force majeure includes all external causes beyond the control of Bianlos which make the (further) performance of the Agreement impossible or seriously impeded, including epidemics, pandemics, fire, governmental measures, transport restrictions, war or threat of war, violent or armed actions, failures in communication links or in hardware or software of Bianlos or third parties.
If and to the extent that the force majeure situation makes performance of the Agreement permanently impossible, the Parties are entitled to terminate the Agreement with immediate effect.
If at the commencement of the force majeure Bianlos has already partially fulfilled its delivery obligations, or can only partially fulfill its delivery obligations, Bianlos is entitled to separately invoice the part of the Agreement already delivered or still deliverable as if it were an independent Agreement.
Damage incurred as a result of force majeure will never be eligible for compensation, notwithstanding the provisions of the previous paragraph.

ARTICLE 10. | SUSPENSION AND DISSOLUTION

Bianlos is authorized to suspend the further performance of the Agreement if and for as long as the Customer fails to fulfill any of its (payment) obligations which are already due under the Agreement (including the provisions of these general terms and conditions).
Bianlos is authorized to terminate the Agreement in whole or in part with immediate effect if the Customer fails to fulfill its obligations under the Agreement, or fails to do so in a timely manner or in full. If the fulfillment of the Customer’s obligations in respect of which he is in default is not permanently impossible, the right to rescind the Agreement will arise only after the Customer has been given notice of default in Writing by Bianlos, in which notice of default the Customer is given a reasonable period within which the Customer can (still) fulfill its obligations, and the fulfillment has still not taken place after the expiry of the last-mentioned period. The provisions of the previous sentence do not apply if Bianlos must conclude from a communication from the Customer that the Customer will permanently fail to perform, in which case a notice of default is useless and the termination may be effected without notice of default.
The provisions of the previous two paragraphs apply unless the Customer’s failure to perform, given its special nature or minor importance, does not reasonably justify this suspension or dissolution with its consequences.
Unless the Customer has already fulfilled its (future) payment obligations towards Bianlos in full, Bianlos is entitled to rescind the Agreement in whole or in part with immediate effect if the Customer is in a state of bankruptcy, has any attachment levied on its goods, or is otherwise unable to dispose freely of its assets.
Bianlos is also entitled to rescind the Agreement in whole or in part if circumstances arise which are of such a nature that performance of the Agreement is impossible or cannot reasonably be required of Bianlos.
The Customer shall never be entitled to any form of compensation in connection with the right of suspension and/or dissolution exercised by Bianlos under this article.
If the ground which led to suspension or dissolution of the Agreement can be attributed to the Customer (which may not necessarily be the case only in the case of paragraph 5), Bianlos shall be entitled to claim compensation from the Customer for any damage suffered by Bianlos as a result.
If Bianlos terminates the Agreement under this Article, any outstanding claims against the Customer shall become immediately due and payable.

ARTICLE 11. | PRICES, DELIVERY COSTS AND PAYMENTS

Before the Agreement is concluded, the total price shall be stated, including VAT and any delivery costs.
Unless expressly agreed otherwise in Writing, full payment in advance must be made, provided that in the case of a consumer purchase the Consumer cannot be obliged to pay more than 50% of the purchase price in advance. In the case of prepayment, Bianlos is not obliged to proceed with delivery until the relevant payment has been received by Bianlos.
Payment must be made by one of the methods designated by Bianlos for that purpose and at the time indicated or within the period specified by Bianlos for that purpose. In case of payment by bank transfer Bianlos uses a standard payment term of three days after the invoice date, but may deviate from this term in individual cases.
Bianlos is entitled to make any invoice due to the Customer available by email only.
If payment is not made in time, the Customer will be in default by operation of law. From the day that such default commences, the Customer shall owe interest on the outstanding amount at the rate of 2% per month, with part of a month being regarded as a full month. In deviation from the previous sentence, if the Customer acts in the capacity of Consumer, the statutory interest rate shall apply instead of the contractual interest rate referred to in that sentence, and the default of the Consumer shall not commence until after the Consumer has been served with a written demand for payment and has been granted a period of 14 days in which to still meet his payment obligation.
All reasonable costs, both judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the Customer, shall be borne by the Customer.

ARTICLE 12. | LIABILITY

Bianlos shall not be liable for damages resulting from incorrect or incomplete information provided by the Customer, any other failure to perform the Customer’s obligations under the Law or the Agreement, nor for damages resulting from any other circumstance beyond the control of Bianlos.
Liability of Bianlos for indirect damages, consequential damages, lost profits, lost savings, diminished goodwill, damages due to business interruption, mutilation or loss of data and all forms of damages other than those mentioned in the following paragraph, for whatever reason, is excluded.
The limitations of Bianlos’ liability contained in these General Terms and Conditions do not apply if the damage is due to intent or deliberate recklessness on the part of Bianlos. Bianlos is only liable for direct damages which are attributable to it. Direct damages include only:

reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these General Terms and Conditions;
any reasonable costs necessary to make the defective performance of Bianlos conform to the Agreement;
reasonable costs incurred to prevent or limit the damage, to the extent that the Customer demonstrates that these costs have led to a limitation of the direct damage within the meaning of these general terms and conditions.

In the event that, notwithstanding the other provisions of these general terms and conditions, any liability of Bianlos shall be limited to the repair or replacement of the Products to which Bianlos’ liability relates. If repair or replacement is not possible or is demonstrably useless, the liability of Bianlos will be limited to the invoice value of the Agreement, at least that part of the Agreement to which the liability relates.
In the case of a consumer purchase, the limitations of this article do not extend beyond what is permitted under article 7:24 paragraph 2 of the Civil Code.
The statute of limitations for all legal claims against Bianlos shall be 12 months after such claim arises. Notwithstanding the preceding sentence, legal claims and defenses accruing to Consumers which are based on facts which would justify the assertion that a consumer purchase does not comply with the Contract shall lapse two years after the expiry of the period referred to in Article 7.3.

ARTICLE 13. | RETENTION OF TITLE

All Products remain the property of Bianlos until the Customer has properly fulfilled all its payment obligations under the relevant Agreement.
The Customer is prohibited from selling, pledging or otherwise encumbering the Products subject to retention of title.
The Customer is obliged to keep the Products subject to retention of title with due care and as the recognizable property of Bianlos.
If third parties seize the Products subject to the retention of title, or wish to establish or enforce rights to them, the Customer is obliged to inform Bianlos as soon as possible.
The Customer grants unconditional permission to Bianlos or third parties designated by Bianlos to enter all those places where the Products subject to retention of title are located. In the event of default of the Customer, Bianlos is entitled to take back the Products referred to herein. All reasonable costs associated with this shall be borne by the Customer.
If the Customer has fulfilled its obligations after the Products have been delivered to it by Bianlos, the retention of title in respect of these Products will revive if the Customer fails to fulfill its obligations under any subsequent Agreement.

ARTICLE 14. | COMPLAINT POLICY

1. Complaints may be submitted to Bianlosby email at info@bianlos.com or otherwise In Writing.

Complaints submitted to Bianlos will be answered within seven days of receipt. If a complaint or question requires a longer processing time, a response will be provided within the seven-day period with an acknowledgment of receipt and an indication of when the Customer can expect a more detailed response.

ARTICLE 15. | FINAL PROVISIONS

Each Agreement and all legal relationships arising therefrom between the Parties shall be governed exclusively by Dutch law.
Before any recourse to the courts, the Parties are obliged to make every effort to settle the dispute in mutual consultation.
Only the competent court within the district of the District Court of The Hague shall be designated in the first instance to hear any legal disputes between the Parties, without prejudice to Bianlos’ right to designate another court with jurisdiction under the law. If the Customer is a Consumer, the Consumer shall be entitled to choose the court having jurisdiction under the law within one month after Bianlos has notified the Customer in Writing that it wishes to litigate before the court designated by it.
If these General Terms and Conditions are available in multiple languages, the Dutch language version shall always be decisive for the interpretation of the clauses contained therein.