TERMS & CONDITIONS
1.1 – For any business relationship between Bold38 and the customer, the following General Terms and Conditions will apply, regardless of the means of communication used.
1.2 – The customer recognizes the validity of Bold38’s General Terms and Conditions for the entire business relationship. Bold38 will not recognize any different conditions of the customer unless the management of Bold38 has expressly agreed in writing to their validity. If the customer enters into a business relationship with Bold38 by using the website, he/she recognizes the General Terms and Conditions as the basis for the entire business relationship between the customer and Bold38.
CLOSURE OF THE PURCHASE CONTRACT AND CANCELLATION
2.1 – The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an in-line catalogue without obligation. By clicking the checkout button you are making a binding order for the goods contained in the shopping basket. An email confirming and containing the receipt of the order will occur after payment has been secured. This confirmation e-mail represents the acceptance of the contract by Bold38.
2.2 – We will store the text of the contract and will send you the order details by e-mail or mail. You may consult previous orders in your customer account, provided that you have registered with us. You can always contact us to receive details on your order at any stage.
2.3 – If we cannot accept the offer or should certain products in an order not be available, then you will be informed immediately by email or phone call and offered a full refund for missing items.
2.4 – Bold38 reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.
2.5 – All offers are valid as long as stocks last.
2.6 – Policies regarding the conditions for and consequences of cancellation are set out in the following section Cancellation Policy
2.2.1 – Cancellation rights
You have the right to cancel this contract within fourteen (14) days without stating any reason. The statutory cancellation period is fourteen (14) days, starting from the day when you or a third party, who is not the carrier, has taken possession of the items or, in the case of part deliveries, the final item.
In order to cancel your contract, you need to declare clearly in writing the wish to cancel. A clear declaration can be done by conventional mail or e-mail (contact details below). You are also welcome to use the sample request for cancellation included (Section 2.2.4). To observe the cancellation period it is sufficient for you to send the statement of your wish to exercise your cancellation rights before the expiry of the cancellation period.
If you are unable to restore or return to us anything provided for service or usage (e.g. benefits of use) or can only do so in part or in a deteriorated condition, you must provide appropriate compensation. For the deterioration of the material and for usages made you must only provide compensation in as far as the usages or the deterioration are the consequence of using the material in a way that goes beyond its tested features and functioning. By ‘Tested features and functioning’ we mean the testing and trying out of the particular item, as is possible or normal for example in the shop context.
2.2.3 – Bold38.com cancellation form
Should you wish to withdraw from a contract, please ensure that all the required information is included on any communication with us, stating;
I hereby withdraw from the contract agreed to by myself for the purchase of the following items:
- Item name(s) and number(s)
- Ordered on(*)/received on(*)
- Name of customer(s)
- Address of customer(s)
- Order Number/PO Number
- Signature of customer(s) below (only if done by letter)
2.2.4 – Cancellation where the product is not faulty within 30 days after delivery
Subject to the rest of this clause 2.2.4, irrespective of your other rights for faults with the product and your right of withdrawal (Section 2.2.1), you may cancel a contract and return any delivered product to us for any reason at all, if you are not happy with it, provided that you have notified us in writing within thirty (30) days of delivery of the product that you wish to cancel the applicable contract and to return the product at our risk. Moreover, you are only allowed to cancel this contract if you send the product back in its original packing, you only tried the product on in a way comparable to trying it on in a usual store and the product is not damaged.
Your notice shall be deemed to have been given on the day on which it was sent. Please include the information requested in section 2.2.3.
Once you are in the possession of the goods you are under the duty to retain them and take reasonable care of them. The product must be returned to us in its original condition.
Should you wish to return the goods to us, please send your return to the relevant address as shared with you through our customer service representative.
2.2.5 – If you cancel under this clause 2.2.4
Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation.
3.1 – If the customer places a pre-order, the order will be confirmed through an Order Confirmation Email. Payment will be taken at the time the order is confirmed. The customer agrees that pre-ordered products are not currently in stock and therefore ready for shipping only from the date specified in the Order Confirmation Email. If an order contains both available and pre-order products, the order will be split and delivered in multiple shipments (available product will be send immediately, pre-order product at the specified date).
3.2 – Whilst Bold38 will make every effort to supply the products listed on the Order Confirmation Email, there may be times when Bold38 is unable to supply products due to supply constraints. In such cases, Bold38 reserves the right to contact the customer and suggest alternative products that he / she may wish to receive instead. If the customer does not wish to receive supplemental products, Bold38 will cancel the order in relation to the products that cannot be supplied and refund any money paid in the form of original payment.
3.3 – In the event of a typographical error or technological error causing a mistake in prices published on the Website, Bold38 reserves the right to correct the error and to charge the correct price. In this case Bold38 will notify the customer of the mistake and, if desired by the customer, offer a full refund.
3.4 – Bold38 reserves the right to hold any orders prior to shipping for security review. In the event that an order is placed for a delivery to a location where we do not deliver to, the order will be cancelled and a refund processed.
4.1 – Should nothing different be requested by the customer then the delivery address entered by the customer at the Shipping stage of the checkout will be used. Please note that for Credit card orders we are unable to change the delivery address after the item has shipped.
4.2 – Delivery is assigned to different delivery couriers and times depending on the country.
4.3 – Shipping rates are subject to change.
4.4 – If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery. Where re-delivery is required these costs will also be the responsibility of the customer.
4.5 – The customer takes over the risk once he/she takes possession of the item.
4.6 – Delivery and service delays due to unpreventable events are not the responsibility of Bold38. Such events give Bold38 the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non-completed parts of orders. Unpreventable events include, but are not limited to, strikes, natural disasters, war, blockades, import and export restrictions and other national or international interventions regardless whether they occur at Bold38 or distributors of Bold38.
4.7 – In the case of effects of unpreventable events which will cause a delay of a delivery, we will of course inform the customer without delay.
PAYMENT AND LATE PAYMENTS
5.1 – All product prices at Bold38 are gross prices and include the current rate of VAT in the particular country and are shown in the stated currency. The prices stated at the time of the order including sales tax plus all costs arising from delivery are valid until further notice.
5.2 – The retail price is payable upon placement of an order.
5.3 – The customer can pay the purchase price by credit/debit card, Pay Pal and Pay Pal express – and depending on the country various other forms of payment that are presented at checkout – examples include ‘iDeal’. In the case of payment by Pay Pal Express, Bold38 will store the e-mail address and delivery address supplied to Pay Pal so that we can process the order.
5.4 – Should the customer delay in paying, Bold38 has the right to charge interest on the delayed payment to the level of 5% above the annual rate set by the Dutch National Bank. If Bold38 incurs a higher rate of interest for delay, Bold38 has the right to pass this on.
INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS
6.1 – A right to withhold may be invoked by the customer only when his complaints have been recognized legally or by Bold38. The customer is only entitled to exercise his withholding right in as far as his counter claim is based on the same contractual relationship.
7.1 – All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of Bold38.
GUARANTEE & WARRANTY
8.1 – The warranty period is based on the legal regulations and specific product range – For example the balance board feature a two (2) year warranty.
8.2 – The guarantee is not valid against normal wear and tear caused by use of a product.
8.3 – Should a defect in a purchased item be the responsibility of Bold38, then Bold38 is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If Bold38 is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of Bold38 or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.
8.4 – If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then Bold38 will bill the customer for any expenses incurred. To avoid any issues please contact us before sending in items for warranty examination. In many cases we can avoid the need to send items.
8.5 – Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.
9.1 – Claims by the customer other than the guarantee claims laid down in Section 8, especially damages claims, are excluded, in as far as this is legally permissible. Thus Bold38 accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of Bold38 is excluded or limited. This also applies for the personal liability of employees, representatives or agents.
9.2 – The liability limitation defined in Section 9.1 does not apply in as far as the damage/harm is the result of intentionality or gross negligence or personal injury has occurred.
9.3 – Bold38 accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.
LINKS AND REFERENCES
10.1 – The links to outside pages made by Bold38 are only signposts to these sites; therefore they are presented in specific browser windows by means of external links. Bold38 does not identify with the content of these pages to which reference is made and accepts no responsibility for them.
11.1 – On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform Bold38 of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then Bold38 may withdraw from the contract, in as far as such a contract has been made.
APPLICABLE LAW AND JURISDICTION
12.1 – The Terms shall in all respects be governed by the laws of the Netherlands and the competent court in Amsterdam shall have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website or any purchase, although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country. You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website.
12.2 – The law of the Netherlands shall be applicable to the present Terms and to all other Agreements. The applicability of the Uniform Law on the International Sale of Movable Property, the Uniform Law on the Formation of International Contracts for the Sale of Goods as well as the Vienna Convention on the Sale of goods is excluded.
30.3 Any disputes arising from the Agreement or these Terms shall be brought exclusively before the competent court in Amsterdam.
13.1 – All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance with our data protection policies. More information on our Data protection policies can be found here.
14.1 – Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract remain unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.
15.1 – All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bold38 or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Bold38 and protected by international copyright laws. All software used on this site is the property of Bold38 or its software suppliers and protected by international copyright laws. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bold38. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bold38 and our affiliates without express written consent. You may not use any meta tags or any other “hiddentext” utilizing Bold38’s name or trademarks without the express written consent of Bold38.
16.1 – BOLD38 other marks indicated on our site are registered trademarks of Bold38. Bold38 graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Bold38. Bold38’s trademarks and trade dress may not be used in connection with any product or service that is not Bold38’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bold38. All other trademarks not owned by Bold38 that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bold38.
17.1 – You agree to indemnify, defend, and hold harmless Bold38, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorney’s fees, resulting from violation of these Terms & Conditions.
18.1 – Bold38 attempts to be as accurate as possible. However, Bold38 does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Bold38 itself is not as described, your sole remedy is to return it in a new, unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
19.1 – This site is provided by Bold38 on an “as is” and “as available” basis. Bold38 makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Bold38 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Bold38 does not warrant that this site, its servers, or e-mail sent from Bold38 are free of viruses or other harmful components. Bold38 will not be liable for any damages of any kind a rising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state/country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
20.1 – We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.