Terms and conditions

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 extension
Article 13: Payment
Article 14: Complaints procedure
Article 15: Disputes
Article 16: Additional or deviating provisions

Article 1: Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period during which the consumer can make use of his 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; Continuous transaction: a distance contract 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 entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information. Right of withdrawal: the consumer's option not to proceed with the distance contract within the cooling-off period; Model withdrawal form: the model withdrawal form that the entrepreneur makes available, which a consumer can fill in if he wishes to make use of his right of withdrawal. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, up to and including the conclusion of the contract, exclusively or partly using one or more techniques for distance communication; Technique for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same room at the same time. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2: Identity of the entrepreneur

Boomba Bamboo B.V.

De Meije 33 - unit 18

2411PH Bodegraven

Phone number: 0792340221

Email address: info@boomba-bamboo.com 

Chamber of Commerce number: 61491020 

VAT identification number: NL002239439B73

Article 3: Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur and they will be sent to the consumer free of charge as soon as possible at his request. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general 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, 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 to the consumer free of charge by electronic means or in another way upon request. In addition to these general terms and conditions, if specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are void or are destroyed at any time, the agreement and these terms and conditions will remain in force for the remainder, and the relevant provision will be replaced by mutual agreement as soon as possible.

Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.

Article 4: The offer

If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur. All images, specifications, data in the offer are indicative and cannot lead to compensation or termination of the agreement. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors 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 the acceptance of the offer. This concerns in particular: the price including taxes; any shipping costs; the way in which the agreement will be concluded and which actions are necessary for this; whether or not the right of withdrawal applies; the method of payment, delivery, and implementation of the agreement; the term for accepting the offer, or the term within which the entrepreneur guarantees the price; the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement is filed after its conclusion, and if so, how it can be consulted by the consumer; the way in which the consumer, before concluding the agreement, can check the data provided by him under the agreement and, if desired, restore it; any other languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the event of an extended transaction.

Article 5: The contract

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures. The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation. The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the product or service at the latest, but in any case before delivery:

the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; the information about guarantees and existing service after purchase; 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; the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6: Right of withdrawal

When delivering products:

When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by him and announced to the entrepreneur. During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. When delivering services:

When providing services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement. To make use of his right of withdrawal, the consumer will focus on the entrepreneur's reasonable and clear instructions provided with the offer and/or at the latest upon delivery. Article 7: Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of returning the goods will not exceed the cost of the standard postal rate. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method. If the product is damaged or the packaging is more damaged than was necessary to determine the nature, characteristics, and functioning of the product, the entrepreneur can reduce the value of the product to be refunded. The consumer cannot be held liable for the reduction in value of the product if the entrepreneur has not provided the consumer with all legally required information about the right of withdrawal before the conclusion of the agreement.

Article 8: Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for as far as provided for in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur in accordance with the consumer's specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that spoil or age quickly; e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services: a. regarding accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period; b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired; c. regarding bets and lotteries. Exclusion of the right of withdrawal is only possible for digital products: a. that have been delivered via the internet; b. the execution of which has started with the express consent of the consumer before the cooling-off period has expired; c. regarding betting and lotteries.

Article 9: The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, at variable prices. The offer will state the link with fluctuations and the fact that any mentioned prices are target prices. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or the consumer has the authority to cancel the agreement from the day the price increase takes effect.

The in the offer of products or services mentioned prices include VAT.

Article 10: Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also ensures that the product is suitable for uses other than normal. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The return of products must be made in the original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is 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 or modified the delivered products themselves or had them repaired or modified by third parties.
• The delivered products have been exposed to abnormal conditions, mishandled, or are contrary to the entrepreneur's instructions and/or treated on the packaging.
• The defect is wholly or partly the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

Article 11: Delivery and Performance 

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services. The consumer's address as communicated to the company is considered the place of delivery. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation. All delivery times are indicative, and the consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. It will be clearly and comprehensibly communicated at the latest upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated and previously announced representative of the entrepreneur, unless expressly agreed otherwise.

Article 12: Duration Transactions: Duration, Termination, and Extension Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that aims to regularly deliver products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month. The consumer can terminate an agreement that has been entered into for a definite period and that aims to regularly deliver products (including electricity) or services at any time at the end of the specified duration, subject to the agreed termination rules and a notice period of no more than one month. The consumer can terminate the agreements mentioned in the previous paragraphs:

• At any time and is not limited to termination at a specific time or in a specific period.
• At least terminate in the same way as they were entered into by him.
• Always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension An agreement that has been entered into for a definite period and that aims to regularly deliver products (including electricity) or services may not be tacitly renewed or extended for a certain duration. In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that aims to regularly deliver day, news, and weekly newspapers and magazines may be tacitly renewed for a certain duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month. An agreement entered into for a definite period and that aims to regularly deliver products or services may only be tacitly renewed for an indefinite duration if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement aims to regularly, but less than once a month, deliver day, news, and weekly newspapers and magazines. An agreement with a limited duration for the regular delivery of day, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

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 as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In case of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14: Complaints Procedure 

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 months after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved through mutual consultation, a dispute arises that is susceptible to the dispute settlement procedure. In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved through mutual consultation, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check whether this webshop has a current membership through https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee incurs costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

Article 15: Disputes 

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer is domiciled abroad. The Vienna Sales Convention does not apply.

Article 16: Additional or Deviating Provisions 

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.