Terms and Conditions
1. General
1.1. These general terms and conditions apply to every offer from Boozyshop and to every agreement between Boozyshop and the consumer. The terms are accessible to everyone and are included on Boozyshop's website. Upon request, we will send you a written copy.
1.2. By placing an order, you indicate that you agree with the delivery and payment terms. Boozyshop reserves the right to change its delivery and/or payment terms after the term has expired.
1.3. Unless otherwise agreed in writing, Boozyshop does not recognize the general or specific conditions or stipulations of third parties.
1.4. Boozyshop guarantees that the delivered product complies with the agreement and meets the specifications mentioned in the offer.
2. Delivery
2.1. Delivery takes place as long as stock lasts.
2.2. In accordance with the rules for distance selling, Boozyshop will execute orders within at least 30 days unless a different delivery term has been agreed. If delivery within 30 days or another agreed delivery term is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially fulfilled, the consumer will be notified within 1 month after placing the order and has the right to cancel the order without cost and without notice.
2.3. Boozyshop's delivery obligation will be deemed fulfilled, unless proven otherwise, once the goods delivered by Boozyshop have been offered once to the buyer. In the case of home delivery, the carrier's report, indicating refusal of acceptance, serves as full proof of the delivery offer.
2.4. All deadlines mentioned on the website are indicative. No rights can be derived from these deadlines.
2.5. The buyer is responsible for providing the correct details when placing an order.
3. Prices
3.1. Prices will not be increased during the term of the offer unless legal measures make it necessary or if the manufacturer implements interim price increases.
3.2. All prices on the site are subject to printing and typing errors. Boozyshop accepts no liability for the consequences of printing and typing errors.
3.3. All prices on the site are in Euros and include 21% VAT.
4. Cooling-off Period / Right of Withdrawal
4.1. If it concerns a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 BW), the buyer has the right to return (part of) the delivered goods within a period of 14 days without providing a reason. This period begins when the ordered items have been delivered. The buyer is required, before proceeding with the return, to notify Boozyshop in writing within 14 days after receipt and to return the items.
The cancellation of the purchase must be done using the return form found under the Returns section. The product must be returned unused and unopened (well-packed). In the event of cancellation, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation. The entrepreneur uses the same payment method for the refund that the consumer used unless the consumer agrees to a different method. The refund is free of charge for the consumer. If the buyer does not notify within the 14-day cooling-off period after receipt of their intention to use the legal right of return, the purchase is final.
During the cooling-off period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess its nature, characteristics, and functioning. If they exercise their right of withdrawal, they must return the product within 14 days after withdrawal to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
The consumer is only liable for the decrease in value of the product resulting from handling the product in a manner that exceeds what is allowed in the previous paragraph.
The buyer must prove that the delivered goods have been returned on time, for example by means of proof of postage. The return of the goods must be in the original packaging (including accessories and accompanying documentation) and in a like-new condition. If the goods have been used, soiled, or damaged in any way by the buyer, Boozyshop reserves the right to charge for the decrease in value. Subject to the previous sentence, Boozyshop will arrange for the refund within 14 days after receiving the returned goods or within 14 days after proof of return (the shipping proof must explicitly state the content of the return). When returning the entire purchase, the full purchase amount including any calculated shipping and/or payment costs will be refunded to the buyer. When returning only part of the received purchases, only the purchase value of the returned items will be refunded. Additional costs resulting from a more expensive shipping method than the cheapest standard delivery will never be refunded.
The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2. The right of withdrawal does not apply to:
- service agreements, after full performance of the service, and only when the performance has started with the consumer's explicit prior consent and the consumer has stated that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
- goods or services whose price is tied to fluctuations in the financial market, which the supplier cannot influence and which may occur within the withdrawal period
- goods manufactured according to consumer specifications, such as custom-made items, or those with a clearly personal character
- products whose expiration date has passed within the 14-day cooling-off period (perishable).
- sealed products that are not suitable for return due to health or hygiene reasons and whose seal has been broken after delivery
- opened cosmetic products.
- goods or services that by their nature cannot be returned, such as due to hygiene or that may quickly spoil or age
5. Data Management
5.1. If you place an order with Boozyshop, your details will be included in Boozyshop's customer database. Boozyshop complies with the Personal Data Protection Act and will not provide your details to third parties. See our Privacy Policy.
5.2. Boozyshop respects the privacy of users of the website and ensures confidential handling of your personal data.
5.3. Boozyshop may, in some cases, use a mailing list. Each mailing contains instructions to unsubscribe from this list.
6. Warranty and Conformity
6.1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned 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 agreement.
6.2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer may assert due to a failure in the entrepreneur's performance under the law and/or the distance agreement.
6.3. If it appears that the delivered item is incorrect, defective, or incomplete, the buyer must (before returning to Boozyshop) report these defects in writing to Boozyshop within 2 weeks of discovering the defect. The return of the goods must be in the original packaging (including accessories and accompanying documentation). Use after discovering a defect, damage occurring after discovering a defect, soiling, and/or resale after discovering a defect will nullify the right to complain and return.
6.4. If complaints from the buyer are deemed justified by Boozyshop, Boozyshop will, at the consumer's choice, repair or replace the delivered goods free of charge. Any liability of Boozyshop for damage is limited to a maximum of the invoice amount for the relevant goods or (at Boozyshop's choice) to the maximum amount covered by Boozyshop's liability insurance in the relevant case. Boozyshop's liability for any other form of damage, including additional compensation in any form, compensation for indirect or consequential damage, or loss of profit, is excluded.
6.5. Boozyshop is not liable for damage caused by intent or equivalent deliberate recklessness of non-management personnel.
6.6. This warranty does not apply if: A) and as long as the buyer is in default with Boozyshop; B) the buyer has repaired and/or modified the delivered goods themselves or had them repaired/modified by third parties. C) the delivered goods have been exposed to abnormal conditions or otherwise treated carelessly or in violation of Boozyshop's instructions and/or the user manual on the packaging;
7. Offers
7.1. Offers are non-binding unless otherwise stated in the offer.
7.2. Oral promises only bind Boozyshop after they have been explicitly confirmed in writing.
7.3. Offers from Boozyshop do not automatically apply to reorders.
7.4. Boozyshop cannot be bound by its offer if the buyer should have understood that the offer or a part thereof contained an obvious mistake or typographical error.
7.5. Additions, modifications, and/or further agreements only apply if agreed upon in writing.
7.6. By agreeing to the general terms and conditions, the buyer automatically agrees to the promotional terms associated with the Black Friday Promotion.
8. Agreement
8.1. An agreement between Boozyshop and a customer is established after Boozyshop has assessed the feasibility of the order.
8.2. Boozyshop reserves the right to refuse orders or assignments without giving reasons.
9. Images and Specifications
9.1. All images; photos, drawings, etc.; including data regarding weights, dimensions, colors, images of labels, etc., on Boozyshop's website are for indicative purposes only, are approximate, and cannot be a reason for compensation or cancellation of the agreement.
10. Force Majeure
10.1. Boozyshop is not liable if and to the extent that its obligations cannot be fulfilled due to force majeure.
10.2. Force majeure is understood to mean any external cause as well as any circumstance which reasonably should not be for its risk. Delays or non-performance by our suppliers, internet disruptions, power failures, email disruptions, disruptions or changes in technology provided by third parties, transportation difficulties, strikes, government measures, delays in delivery, negligence by suppliers and/or manufacturers of Boozyshop as well as assistants, illness of staff, defects in auxiliary or transport means are expressly considered force majeure.
10.3. In the case of force majeure, Boozyshop reserves the right to suspend its obligations and is also entitled to wholly or partially dissolve the agreement or demand that the content of the agreement be changed so that performance remains possible. In no case is Boozyshop required to pay any penalty or compensation.
10.4. If Boozyshop has already partially fulfilled its obligations at the onset of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the delivered or deliverable part separately, and the buyer is required to pay this invoice as if it were a separate contract. However, this does not apply if the delivered or deliverable part has no independent value.
11. Liability
11.1. Boozyshop is not liable for damage caused to vehicles or other objects due to incorrect use of the products. Please read the instructions on the packaging and/or consult our website before use.
11.2. Boozyshop is not liable for the loss of packages or incorrect delivery of orders if the buyer provides an incorrect address when placing an order.
12. Complaints Procedure
1. The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint according to this procedure.
2. Complaints about the execution of the agreement must be submitted in full and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
5. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
13. Applicable Law / Competent Court
13.1. Dutch law applies to all agreements.
13.2. Disputes arising from an agreement between Boozyshop and the buyer that cannot be resolved through mutual consultation will be submitted to the competent court within the Middelburg district, unless Boozyshop prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of disputes that fall under the jurisdiction of the subdistrict court.