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Continue shoppingIn these terms and conditions, the following terms shall have the following meanings:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Long-term transaction: a distance contract concerning a series of products and/or services, where the obligation to deliver and/or receive is spread over time;
Durable medium: any tool that enables the consumer or trader to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment at which the contract is concluded;
Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same place at the same time;
Terms and Conditions: these present General Terms and Conditions of the trader.
Company name: Bewegingbybeis
Chamber of Commerce number: 96175680
Trade name: Blush & Bay- Toronto
VAT number: NL005193717B47
Customer service email: info@blushbaytoronto.com
Business address: Kluut 48, 9101XB, Dokkum, Netherlands
These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate before the distance contract is concluded that the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as soon as possible, upon request.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph, and before the contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the trader shall indicate, before concluding the contract, where the terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon 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 mutatis mutandis, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions shall remain in force for the rest, and the relevant provision shall be replaced in mutual consultation as soon as possible with a provision that approximates the original as much as possible.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, they are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.
All images and specifications in the offer are indicative and cannot constitute grounds for compensation or dissolution of the contract.
Images of products are a true representation of the offered products. The trader cannot guarantee that the colors displayed exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:
the price, excluding customs duties and import VAT. These additional costs will be the responsibility of the customer. The postal and/or courier service will apply the special arrangements for postal and courier services regarding imports into the EU, and charge the VAT (and any clearance fees) to the recipient;
any shipping costs;
the manner in which the contract 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 contract;
the period for accepting the offer, or the period within which the trader guarantees the price;
the rate of communication at a distance if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the used means of communication;
whether the agreement is archived after conclusion, and if so, how it can be accessed by the consumer;
the way in which the consumer can check and, if necessary, correct the information provided in connection with the agreement before conclusion;
the languages in which the contract can be concluded, in addition to English;
the codes of conduct to which the trader has submitted and how the consumer can consult these codes electronically; and
the minimum duration of the distance contract in case of a long-term transaction.
Optional: available sizes, colors, types of materials.
The contract is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the trader shall confirm receipt of the acceptance of the offer without delay. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
The trader may, within legal frameworks, check whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the trader has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to its execution.
The trader shall include the following information, in writing or in a manner that allows the consumer to store it on a durable medium, with the product or service:
the trader’s address where the consumer can file complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the information included in Article 4 paragraph 3 of these conditions, unless the trader has already provided this information to the consumer prior to the execution of the contract;
the requirements for terminating the agreement if the contract has a duration of more than one year or is of indefinite duration.
In case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
When purchasing products, the consumer has the right to dissolve the contract without stating reasons within a period of 14 days. This cooling-off period starts on the day the product is received by the consumer or by a third party previously designated by the consumer and known to the trader.
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall unpack or use the product only to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging, in accordance with the trader’s reasonable and clear instructions.
If the consumer wishes to make use of the right of withdrawal, they must notify the trader within 14 days of receiving the product, via written message or email. After this notification, the consumer has another 14 days to return the product. The consumer must provide proof that the goods have been returned in time, for example, by means of a proof of shipment.
If the consumer has not expressed their intent to exercise the right of withdrawal or has not returned the product within the terms specified in paragraphs 2 and 3, the purchase becomes final.
If the consumer exercises the right of withdrawal, the return costs shall be borne by the consumer.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided the returned product has been received by the trader or the consumer can provide conclusive proof of full return.
The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3, provided this is clearly stated in the offer, or at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the trader according to consumer specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that perish or age quickly;
whose price is subject to fluctuations in the financial market beyond the trader’s control;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer;
for hygiene products whose seal has been broken.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, catering, or leisure activities performed on a specific date or during a specific period;
that began with the consumer’s explicit consent before the cooling-off period expired;
concerning betting and lotteries.
During the validity period mentioned in the offer, prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the trader may offer products or services with variable prices that are subject to fluctuations in the financial market beyond the trader’s influence. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the agreement is concluded are only permitted if they result from legislation or regulations.
Price increases more than 3 months after the agreement is concluded are only permitted if the trader has stipulated this and:
they are the result of legislation or regulations; or
the consumer has the right to terminate the agreement on the day the price increase takes effect.
Under EU VAT rules, the place of delivery is considered to be the country where the transport begins. In this case, delivery occurs outside the EU. As a result, the courier service may charge import VAT and customs clearance fees to the recipient. The trader will not charge VAT.
All prices are subject to misprints and typographical errors. No liability is accepted for the consequences of such errors. The trader is not obliged to deliver products at the incorrect price.
The trader guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, the reasonable requirements of soundness and/or usability, and existing legal provisions and/or government regulations at the time of the agreement.
If agreed, the trader also guarantees that the product is suitable for use other than normal.
A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the trader under the contract.
Defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in original packaging and in new condition.
The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual use by the consumer or for any advice regarding use or application of the products.
The warranty does not apply if:
the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or handled carelessly or contrary to the trader’s instructions or the packaging;
the defect is wholly or partly due to regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
The trader shall take the greatest possible care in receiving and executing product orders.
The delivery address is the address provided by the consumer to the company.
Subject to the provisions of Article 4 of these terms and conditions, the company shall execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed within 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract at no cost and may be entitled to compensation.
In case of dissolution as described above, the trader 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 turns out to be impossible, the trader will make an effort to provide a replacement item. It will be clearly and understandably communicated that a replacement item is being delivered. Replacement items do not exclude the right of withdrawal. Any return shipping costs are at the trader’s expense.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and known to the trader, unless expressly agreed otherwise.
Termination
The consumer may terminate a contract concluded for an indefinite period and that concerns the regular delivery of 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 may terminate a contract concluded for a definite period and that concerns the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may:
terminate agreements referred to in the preceding paragraphs at any time and not be restricted to termination at a specific time or during a specific period;
terminate them at least in the same way as they were entered into;
always terminate with the same notice period that the trader has stipulated for themselves.
Renewal
A contract concluded for a definite period and which concerns the regular delivery of products or services may not be tacitly renewed or extended for a fixed term.
In deviation from the previous paragraph, a contract concluded for a definite period for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, provided the consumer can terminate the renewed agreement by the end of the extension period with a notice period of no more than one month.
A contract concluded for a definite period and which concerns the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the contract involves the regular, but less than monthly, delivery of newspapers and magazines.
A limited duration contract for the regular introduction to daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract 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 dictate otherwise before the end of the agreed term.
Unless otherwise agreed, amounts due from 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 a service contract, this period begins after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment information to the trader without delay.
In the event of default by the consumer, the trader, subject to legal restrictions, has the right to charge the reasonable costs previously made known to the consumer.
Complaints about the execution of the agreement must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the trader’s obligations unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at their discretion, replace or repair the delivered products free of charge.
These terms and conditions are governed by Dutch law. However, consumers residing outside the Netherlands, including in Canada, may also be entitled to protections under their local consumer protection laws.
