General terms and conditions

Definitions

The following definitions are used in these general terms and conditions, which appear in both singular and plural and are capitalised:  

General terms and conditions	:	these General Terms and Conditions.
Reflection period	:	the period of 14 days after delivery of the product in which the Customer can exercise his legal right to revoke (cancel) the purchase.
Order	:	Any purchase of a product from Boodie, whether made by a consumer or a natural or legal person acting in the exercise of a profession or business.
Boodie	:	Stoerrr - Kids Concepts B.V., trading under the name “Boodie Feelgood Hoodie”, established at Texellaan 12, 5691 ZM Son en Breugel and registered in the trade register of the Chamber of Commerce under file number 71467661.
Right of withdrawal	:	the consumer's right to withdraw from the distance contract and return the product within the cooling-off period.
Customer	:	The buyer, being a consumer or a party acting for profession or business, who enters into an agreement with Boodie.
Parties	:	Boodie and Customer together.
Product	:	A product offered by Boodie.
Agreement	:	any offer made by the Customer accepted from Boodie, any Order placed by a Customer with Boodie, or any other agreement between the Customer and Boodie.
Remote agreement	:	An agreement concluded via the internet, telephone, email or post. This is the case, for example, when the Customer orders a Product on Boodie's website.
Website	:	Boodie's website: www.boodie.com.

 

Company data

Phone / WhatsApp 316 - 15 10 17 17 Email contact@boodie.eu Accessible Monday to Friday 9:00 to 17:00

Address details Texellaan 12, 5691 ZM Son en Breugel (no visiting address) Bank details IBAN: NL 88 RABO 0326 8643 18 Bank BIC:  RABONL2U Company data Chamber of Commerce: 71467661 VAT: NL 858727031B01

 

Article 1 - Applicability

1. These Terms and Conditions shall apply to any offer made by Boodie and to any Agreement concluded between the Customer and Boodie.
2. The General Terms and Conditions are available on Boodie's Website and are provided electronically to the Customer prior to entering into the Agreement. By placing an Order, the Customer declares to have read and agreed to the General Terms and Conditions.
3. If one or more articles in these General Terms and Conditions are at any time wholly or partially void or destroyed, the remaining articles shall remain in full force and effect. Boodie will replace the article concerned as soon as possible with an article that approaches the original purport as much as possible.

 

Article 2 - Offer by Boodie

1. Boodie's offer contains a complete and accurate description of the Products offered. The description is detailed enough to enable the Customer to properly assess the offer. The images used by Boodie are a true representation of the Products offered. 
2. Obvious mistakes or errors in the offer do not bind Boodie.
3. Any offer by Boodie shall contain sufficient information so that it is clear to the Customer what rights and obligations are attached to the acceptance of the offer.

 

Article 3 - Order

1. An Agreement with Boodie is entered into exclusively at a distance. The Agreement is concluded via the Website at the moment the Customer places an Order and thereby accepts Boodie's offer.
2. All information provided to Boodie, for example during the ordering process, must be current and correct. The Customer is responsible for providing (personal) data of third parties to Boodie. Boodie is not liable for damages resulting from incorrect information or unlawful disclosure of provided data. The Customer shall indemnify Boodie against any claims by third parties in this regard.
3. Boodie will confirm the Order electronically after it has been completed. The confirmation shall include, inter alia, the following information:

• main features of the Product;
• the total price of the Product, including all taxes, any delivery charges and the method of payment and delivery;
• the conditions under which and the way in which the Customer can exercise the right of withdrawal, or a clear notification if the right of withdrawal is excluded;
• information on guarantees and the e-mail address for the submission of complaints by the Customer;
• Boodie's company details.

 

Article 4 - Right of withdrawal

1. The Customer has the right to terminate the Distance Contract within fourteen (14) days of receiving the Product without giving reasons.
2. This right of withdrawal does not apply to products as mentioned in Article 6:230p of the Civil Code, including but not limited to: custom-made products (sub f). This is, for example, the case when Boodie has made a custom-made Product for the Customer.
3. During the cooling-off period, the Product delivered and its packaging must be handled with care. The Product may only be unpacked or used to the extent necessary to assess whether it can be retained, without showing signs of use. If the right of withdrawal is exercised, the Product must be returned with all delivered accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Boodie. It is possible to rent a hoodie for testing purposes; Boodie can be contacted for this purpose.
4. If the Customer wishes to exercise the right of withdrawal, this must be notified to Boodie within fourteen (14) days of receiving it. This can be done by email to contact@boodie.eu. The model withdrawal form can be downloaded from our website.
5. After the exercise of the right of withdrawal has been made known, the Product must be returned within fourteen (14) days. It is up to the Customer to prove that the Products were returned in a timely manner, for example through proof of dispatch.

 

Article 5 - Costs in case of withdrawal

1. If the Customer exercises the right of withdrawal and wishes to cancel the purchase, the costs of returning the Product shall be at its own expense. If an amount has been paid, Boodie will refund this amount as soon as possible, but at the latest within fourteen (14) days after the withdrawal. However, this will only happen if the Product has been received by Boodie or conclusive evidence of complete return has been provided. The refund will be made via the same payment method that has been used, unless expressly authorised for another payment method.
2. In case of damage to the Product due to careless use, such as prolonged wearing, use or causing stains or odours, Boodie has the right to refuse the return. In this case, Boodie will return the Product to the Customer with a statement of reasons.
3. If the Customer owes amounts to Boodie, Boodie may set them off against amounts owed by the Customer to Boodie.

 

Article 6 - Delivery

1. Delivery will be dispatched after payment is received. Boodie aims to fulfil Orders as soon as possible, but at the latest within seven (7) days, unless a longer delivery period has been agreed. If the delivery is delayed or can only be partially carried out, the Customer will be notified within seven (7) days after placing the Order. In this case, the Customer has the right to cancel the Agreement without charge. The Customer shall not be entitled to any compensation.
2. Boodie ensures that orders are carefully processed and shipped. Delivery takes place only after payment has been received. After the Product is shipped, the customer will receive a track and trace code to track the shipment.
3. The place of delivery is the address specified by the Customer during the ordering process.
4. All delivery times are indicative and do not entitle the Customer to compensation if the deadline is exceeded.
5. If a Product cannot be delivered, Boodie will try to offer a replacement product. The Customer will be informed of this in good time. Replacement products will remain subject to the right of withdrawal.
6. The risk of loss of or damage to the Products lies with Boodie until the moment of delivery to the Customer. Thereafter, the risk passes to the Customer.

 

Article 7 - Use of Boodie Hoodie

1. For optimal use of the Boodie Hoodie, it is important to follow the washing instructions. These instructions can be found on the washing label inside the hoodie and on Boodie's website. 

 

Article 8 - Compliance and warranty

1. All Products purchased from Boodie are covered by the statutory warranty. This means that a Product must be in good condition and function properly under normal use. If a Product does not meet these expectations, Boodie will provide an appropriate solution as soon as possible. Depending on the case, this may be a replacement, repair or refund.
2. No replacement item will be provided when sending a Product for repair. Boodie aims to return the Product repaired within the specified repair period.
3. A complaint about a defective Product shall be considered valid and eligible for repair, replacement or refund, provided that the defect was not caused by factors such as: intentional or negligent damage, improper use, inadequate maintenance, normal wear and tear, or failure to comply with washing and maintenance instructions. 
4. Boodie guarantees that the Products meet the Agreement, the specifications as stated in the offer, and the reasonable requirements of quality and usability, as well as the legal regulations in force at the time of purchase. 
5. Any defects or incorrectly delivered Products must be reported to Boodie in writing within four (4) weeks of delivery. 

 

Article 9 - Price and payment

1. Display prices include VAT but exclude delivery charges. 
2. All prices are subject to printing and typesetting errors. Boodie cannot be held liable for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, Boodie is not obliged to supply the Product at the incorrect price.
3. Payment can only be made via Boodie's payment options offered on the Website. Payment must be made at the time of placing the Order.
4. In case of late payment, for example due to reversal of debited amounts, Boodie will send a payment reminder. If after the payment reminder the amount due is not paid, Boodie is entitled to charge statutory interest and to engage a collection agency. Judicial and extrajudicial costs shall be borne by the Customer, acting in accordance with the Collection Costs Act (WIK) and the Compensation for Extrajudicial Collection Costs Decree.
5. Invoices and payment reminders are sent electronically only. The personal data provided by the Customer will be used for this purpose.

 

Article 10 - Complaints procedure

1. Any complaints about Products or the performance of the Agreement can be made electronically using the contact details on Boodie's Website.
2. Complaints should be fully and clearly described and submitted as soon as possible after the defect or problem is detected. 
3. Boodie will address the complaint within a reasonable time after receipt and provide a substantive response within fourteen (14) days. If more time is needed to investigate the complaint, Boodie will inform the Customer and give an indication of the expected timeframe.
4. If this does not resolve the complaint, it can be submitted via the European Commission's ODR platform. This online dispute resolution platform can be found at: http://ec.europa.eu/odr.

 

Article 11 - Processing of personal data

1. For the preparation, execution and handling of an Order, as well as for other purposes such as marketing, Boodie processes Personal Data of the Customer and of website visitors.
2. Boodie has a privacy statement explaining how Personal Data are processed and what rights the Customer has in this respect. For more information, the privacy statement can be consulted on the Website.

 

Article 12 - Applicable law and disputes

1. All Agreements between Boodie and the Customer to which these General Terms and Conditions relate shall be governed by Dutch law only, even if the Customer is not resident in the Netherlands.
2. The Vienna Sales Convention does not apply.
3. All disputes between Boodie and the Customer will be submitted to the competent court in the district in which Boodie is located.

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