Even geduld

Disclaimer

General Terms and Conditions

At Blue Pacific we want to be sure that the relationships with our customers run as smoothly as possible. We appreciate the confidence that you place in Blue Pacific and we therefore take your rights very seriously. With the following sales terms and conditions we want to give you a ready and clear overview of your rights, and sometimes also obligations. If something is, nonetheless, not clear then we appreciate it if you report this to us.

Article 1 - Definitions

1.1. ‘General Sales Terms and Conditions’ is understood as: the present provisions.

1.2. Blue Pacific is understood as: Blue Pacific bv, i.e. the user of these terms and conditions.

1.3. ‘Offer’ is understood as: each and every proposal of Blue Pacific to conclude an agreement with the same.

1.4. ‘Order’ is understood as: each and every acceptance of an offer of Blue Pacific.

1.5. ‘Agreement’ is understood as: each and every acceptance by Blue Pacific of an order.

1.6. ‘Goods’ is understood as: any and all tangible objects to which agreements between the buyer and Blue Pacific are related.

1.7. ‘Delivery’ is understood as: the actual availability of goods by or on behalf of Blue Pacific to the buyer.

Article 2 - Applicability

2.1. The provisions of these General Sales Terms and Conditions are applicable to any and all offers, orders, and agreements, unless Blue Pacific expressly deviates from them in its offers.

2.2. By ordering you accept the applicability of the then applicable General Sales Terms and Conditions.

Article 3 - Offers, orders, and agreements

Offers

3.1. Any and all offers of Blue Pacific are subject to contract and can be revoked.

3.2. The validity of any and all offers is subject to availability, or rather the validity as indicated on the website.

3.3. After expiry of the validity of an offer you can no longer rely on the relevant offer.

Orders

3.4. You can order in the manner described on the website.

3.5. Blue Pacific does not accept orders:

- of people under the age of 18;

- if Blue Pacific cannot verify the indicated address details as correct.

3.6. Blue Pacific is also entitled to refuse orders on other grounds or to impose special conditions on the agreement.

3.7. If an order is not accepted, or if Blue Pacific intends to impose special conditions on the agreement, then Blue Pacific communicates this at the latest within 30 days after receipt of the order.

3.8. In case of orders from countries other than Belgium and the Netherlands, Blue Pacific should be contacted via chris@bluepacific.be

Agreement

3.9. An agreement is only concluded after your order has been confirmed by Blue Pacific by email.

Article 4 - Prices and costs

4.1. The prices mentioned on the website for the goods offered at the time of the order are applicable.

4.2. The prices are in EUR, inclusive of VAT, and exclusive of shipping costs, unless indicated or stipulated otherwise.

4.3. Blue Pacific reserves the right to change the prices of the goods, in particular if a statutory price-determining factor gives cause to this.

4.4. The shipping costs are indicated with every product and are calculated as follows;

o For Belgium: EUR 5.00 - free with a purchase from EUR 30.00

o For the Netherlands and Germany: EUR 8.00 - free with a purchase from EUR 50.00

On account of the fact that our order processing system cannot take all criteria into account, it may be that the delivery cost price is higher or lower than that on the order confirmation. This is then communicated to you within seven working days.

4.5. Shipping of the order this way shall always fall under the responsibility of the customer. Any and all damages, theft, losses, industrial action, and the like cannot be recovered from Blue Pacific.

4.6. The shipping costs as intended in article 4.4 are also payable if the order cannot be delivered or if an order is partly returned. £

Article 5 - Payment

5.1. You can pay the purchase price of the goods ordered by you, plus the additional costs, in various ways. However, Blue Pacific reserves the right to exclude certain payment methods.

Credit card

5.2. If you opt for payment by credit card then you entitle Blue Pacific to check, prior to the processing of your order, if your credit card is valid and if sufficient spending limit is available for the deduction of the purchase amount and to already reserve this amount prior to the purchase.

5.3. Payment by credit card takes place immediately after the goods ordered by you have been shipped to you from our warehouse. Blue Pacific then debits the payable amount - obviously via a secure procedure - from your credit card.

Article 6 - Delivery

6.1. Blue Pacific delivers the purchased goods as soon as possible - and at the latest within 14 days - at the address as indicated by you with the order, subject to availability. All goods can usually be delivered from stock. However, it may be that a product is temporarily out of stock. In case an accepted order cannot be delivered, either in whole or in part, or in case the delivery is delayed, Blue Pacific shall inform you accordingly within 14 days after you have placed your order. As the occasion arises, Blue Pacific shall be entitled to rescind the agreement.

6.2. If a delivery period is indicated then this shall merely be indicative. Non-observance of the delivery period cannot give cause to any compensation on our part on account of the fact that the delivery periods are merely provided for information purposes and without any commitment.

Article 7 - Ownership of goods

7.1. Blue Pacific reserves the title of the goods delivered to you until you have paid everything that you are liable to pay to Blue Pacific.

Article 8 - Return shipment

8.1. The Belgian Act on the Commercial Practices and the Information and the Protection of the Consumer of 14 July 1991 permits the buyer to inform the seller within 14 working days after receipt of the product that he / she cancels the purchase. You can, therefore, return the product within 14 working days after receipt of the delivery. Please notify us in advance. To be able to serve you even better in the future, we would like to be informed of the reason for the return.

8.2. The goods must be returned unused, unwashed, and complete (including manual, ...) and in the original packaging within an acceptable period after the notification (e.g. 3 working days). The goods are visibly labelled, without these labels the good cannot be returned. After a brief verification of the returned products, we shall refund your order or exchange it free of charge for another product or a different size.

8.3. Products that were purchased online must be exchanged in a Blue Pacific shop or be returned to the following address: Blue Pacific – Lierbaan 3 – 2580 Putte.

When returning goods, we advise you to send them by registered post. Unfortunately, Blue Pacific cannot accept liability for loss of or damage to the goods during the return shipment, hence it is in your own interest to return the goods by registered post.

8.4. You shall bear the shipping costs for the return of the product(s).

Article 9 - Incorrect delivery

9.1. You are held to inspect the delivered goods upon receipt. If the delivered goods are not in conformity with the agreement (incorrect or deficit delivery and/or with a defect and/or damage) then you must immediately after delivery of the goods report this to Blue Pacific in writing. You must subsequently return a good delivered incorrectly or in a damaged condition to us immediately after receipt, with reference to the defect.

Article 10 - Privacy

10.1 Blue Pacific reserves the right to collect data of the user, exclusively for internal use, the latter both directly through collection of the data that are supplied by the user at the moment of the order and indirectly (e.g. through the use of cookies).

10.2 These data can be forwarded to organisations that are contractually related to the seller (e.g. commercial partners, associations, ....) and who intend to send personalised offers to the customer or who intend to keep the customer informed of promotions.

10.3 In accordance with the Belgian Act of 8 December 1992 on the Protection of the Personal Privacy regarding Personal Data, the user is always entitled to inspect, correct, and to have the said data erased if they no longer wish to receive information about our activities. To this end they can contact Blue Pacific in writing via actie@bluepacific.be. The customer is personally responsible for the safeguarding of the confidentiality of his / her login details and password.

10.4 Blue Pacific keeps online (anonymous) visitor statistics in order to examine what pages of the internet site are visited to what degree. If you have questions about this privacy statement then you can contact us via actie@bluepacific.be.

Article 11 : Miscellaneous

11.1 If one of more of the provisions of these Terms and Conditions or any other agreement with Blue Pacific are in violation of an applicable statutory provision then the relevant provision shall expire and it shall be replaced by a new, legally permissible, comparable provision to be established by Blue Pacific.

11.2 Blue Pacific reserves the right to change these General Terms and Conditions.

11.3 The terms and conditions that are published on the website at the time of conclusion of the agreement shall apply to the agreement.

11.4 The parties accept electronic means of evidence (email - backup).

Terms and Conditions of Use

Blue Pacific bv, hereinafter referred to as: “we” or “us”, administers this website.

CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE YOU START USING THIS WEBSITE. BY MAKING USE OF THIS WEBSITE YOU AGREE WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS THEN DO NOT USE THIS WEBSITE.

1.  Products, content, and specifications

Any and all functionalities, content, specifications, products, and prices of products and services described or depicted on this website can always be changed without prior notification. Certain weights, dimensions, and comparable descriptions are approximate and are only for information purposes. We make every reasonable effort to represent the features of our products as accurately as possible, including the colours; the colour that you see does, however, depend on your computer and we cannot guarantee that your computer displays the colours correctly. If at a certain time products or services are mentioned on our website then this does not guarantee that the said products or services shall always be in stock. It falls under your responsibility to comply with any and all local, national, and international legislation (including legislation with regard to minimum age requirements) with regard to possession, use, and sale of an item purchased via this website. By placing an order you agree to exclusively use the ordered products in a statutory manner.

2.  Accuracy of data

We try to guarantee that the information on this website is complete, accurate, and up to date. Despite our efforts the information on this website may, from time to time, be incorrect, incomplete or outdated. We do not provide any guarantee with regard to the completeness, accuracy or timeliness of information of this website. Products on this website can, for instance, be out of stock or differ from the described features.

3.  Use of this website

The design of the website and any and all text, images, information, content, and other material that is shown on the website or that can be downloaded from the website are owned by or are used with consent of Blue Pacific bv and are subject to copyright protection, trademark rights or other intellectual property rights and can exclusively be used in the manner described in these terms and conditions or with the prior written consent of the owner of the said material. You are not allowed to change, reproduce, publish, disseminate or otherwise use the information or the material on this website for public or commercial purposes. Unauthorised use of this kind of information or this kind of material may be in violation of the copyrights, trademark rights, publication rights, privacy rights or other ownership rights and rules. You are responsible for the confidentiality of your account details and password and for limitation of the access to these kinds of data and to your computer. You accept responsibility for any and all activities that take place with your account or password.

4.  Trademark rights

Certain trademark rights, trade names, service marks, and logos that are used or shown on this website are registered and unregistered trademarks, trade names, and service names of ours and of undertakings related to us. Other trademarks, trade names, and service marks that are used or shown on this website re registered and unregistered trademarks, trade names, and service names of their respective owners. Nothing on this website grants any licence or any right, implied or otherwise, in respect of the use of trademarks, trade names, service marks or logos shown on this website, without our written consent or that of the third party owner.

5.  Links to this website

It is not allowed to create or maintain a link from a different website to a page on this website without our prior written consent. It is not allowed to place or show this website or any material shown on this website in a box or something similar on another website without our prior written consent. Potentially permitted links to this website must comply with any and all applicable legislation and regulations.

6.  Links to third parties

This website may contain links to websites that are not owned by us or by undertakings related to us or that are administered or exploited by us or by undertakings related to us. These kinds of links are exclusively provided for your convenience. When you used these links, you leave this website. Neither we nor undertakings related to us are responsible for any information, content or materials on any other website or accessible from any other website. Neither we nor undertakings related to us provide guarantees with regard to any other website or any information, content or materials on or accessible from these kinds of websites, or results that you obtain through the use of these kinds of websites. If you decide to visit any other site via a link of or to this website then you do this entirely at your own risk.

7.  User data and privacy policy of this website

We use data with regard to your visiting behaviour for research regarding possibilities for further optimisation of and communication about our products and services. The information made available to us by you in this manner is only used by us in accordance with the law and takes place in a proper and accurate manner. Collected (personal) data can be made available to third parties provided with written consent of Blue Pacific bv or when this is statutorily required. In addition, you can at any time request that your data are erased from our files.

We are not responsible for the content of user communications (material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communications that you post on this website in any way whatsoever), whether or not defamatory, immoral or otherwise in violation of the copyrights, privacy rights or any other rights. We reserve the right to delete user communications that contain, in our opinion, inappropriate or unacceptable material.

Unless expressly indicated otherwise by us, any and all user communications are deemed to be non-confidential and are owned by Blue Pacific bv. By sending these materials, comments, responses or information to us, you agree that we acquire any and all rights, ownership rights, and interests in terms of the copyrights and other intellectual property rights in connection with the user communications and that we can also use them in an unlimited manner.

8.  Limitation of the liability

We do not accept liability for viruses and damages on your computer, telecommunications equipment or other properties as a result of your visit to or use of this website or the downloading of any materials from this website.

IN NO INSTANCE WHATSOEVER SHALL WE, UNDERTAKINGS RELATED TO US, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS IN TITLE, AQUIRERS, RETAIL PARTNERS OR ANY PARTY THAT IS INVOLVED IN THE CREATION, PRODUCTION OR THE ADMINISTRATION OF THIS WEBSITE, BE LIABLE IN RESPECT OF A PARTY FOR ANY INDIRECT, SPECIAL, COMPLEMENTARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES AS A RESULT OF LOST PROFIT, LOST DATA OR BUSINESS INTERRUPTIONS) DERIVING FROM THE USE OF, THE INABILITY TO USE OR THE RESULTS OF THE USE OF THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, OR MATERIAL, INFORMATION OR SERVICES ON THESE KINDS OF WEBSITES, IRRESPECTIVE OF THE FACT WHETHER THEY ARE BASED ON A WARRANTY, AGREEMENT, UNLAWFUL ACT OR OTHER STATUTORY GROUND AND IRRESPECITVE OF THE FACT WHETHER YOU WERE WARNED ABOUT THESE KINDS OF DAMAGES. THE AFOREMENTIONED LIMITATION OF LIABILITY IS NOT APPLICABLE TO THE EXTENT THAT IT IS PROHIBITED BY LAW. WE REFER YOU TO THE LOCAL LEGISLATION FOR POTENTIAL PROHIBITIONS ON LIMITATION OF LIABILITY.

IN CASE OF A PROBLEM WITH THIS WEBSITE OR CONTENT, YOU AGREE THAT YOUR ONLY REMEDY IS TO NO LONGER USE THIS WEBSITE. IN CASE OF A PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU PURCHASED ON OR VIA THIS WEBSITE, YOU AGREE THAT YOU ARE ONLY ENTITLED TO RECOVERY IN RESPECT OF THE MANUFACTURER OF THESE KINDS OF PRODUCTS OR THE SUPPLIER OF THESE KINDS OF SERVICES, IN ACCORDANCE WITH THE WARRANTY CONDITIONS OF THE RELEVANT MANUFACTURER OR SUPPLIER, OR TO RETURN AND REFUND WITH REGARD TO THESE KINDS OF PRODUCTS AND SERVICES IN CONFORMITY WITH THE GUIDELINES FOR RETURNS AND REFUNDS AS MENTIONED ON THE WEBSITE.

9.  Revision of these terms and conditions

We can always revise these terms and conditions by updating them on this website. We advise you to regularly read this page to check for potential changes in the terms and conditions because they have binding effect on you. Statutory notifications or terms and conditions on certain pages of this website cab derogate to certain provisions set forth in these terms and conditions.

10.  Choice of law and jurisdiction

These terms and conditions prevail over potential other agreements between you and us, should there be question of a discrepancy or obscurity. Belgian law is applicable to these terms and conditions, without applicability of its conflict rules. A printed copy of these terms and conditions shall have evidentiary value in legal and administrative proceedings based on or related to these terms and conditions to the same degree and on the basis of the same conditions as other business documents and data that were originally generated and maintained in printed form.

11.  Termination

You and we can always terminate your account or use of this website, without stating reasons. You are personally liable for potential orders that you placed or costs that you incurred prior to the termination. We reserve the right to, at any time, change, suspend or terminate any part of this website, without stating reasons.

12.  Additional support

If you do not understand the aforementioned terms and conditions or if you have a question or comment then you can contact Blue Pacific bv. The utmost care was observed during the design and compilation of this website. If you experience difficulties on our website then please inform us by sending an email. We shall then make our best effort to solve the problem as soon as possible.