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Boards & Beans

Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

  1. Cooling-off periodthe period within which the consumer may make use of their right of withdrawal;
  2. Consumerthe natural person who is not acting in the course of a profession or business and concludes a distance contract with the entrepreneur;
  3. Hellocalendar day;
  4. Long-duration transactiona distance contract regarding a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. sustainable data carrierany medium that enables the consumer or business customer to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawalthe consumer's right to withdraw from the distance contract within the cooling-off period;
  7. Model formthe model withdrawal form that the trader makes available which a consumer can fill in if they wish to exercise their right of withdrawal.
  8. Entrepreneurthe natural or legal person who offers products and/or services at a distance to consumers;
  9. Distance contract: an agreement whereby, under a system organised by the trader for the remote sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  10. Telecommunication technologymeans of distance communication.
  11. Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Boards & Beans
Verdiweg 671
3816 KW Amersfoort
Netherlands

Email address: info@boards-beans.com
Companies House registration number: 82195757
VAT registration number: NL003652487B20

Article 3 – Applicability

  1. These terms and conditions apply to every offer from the trader and to every distance contract and order established between trader and consumer.
  2. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is reasonably not possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge by electronic means or otherwise at the request of the consumer.
  3. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
  4. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in full force and effect, and the relevant provision shall be replaced without delay in mutual consultation by a provision that approximates the purport of the original as closely as possible.
  5. Situations that are not regulated in these general terms and conditions shall be assessed in accordance with the ‘spirit’ of these general terms and conditions.
  6. Any ambiguity regarding the explanation or content of one or more provisions of our terms and conditions must be interpreted in accordance with the ‘spirit’ of these general terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to alter and amend the offer.
  3. The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images and specifications data in the offer are indicative and cannot give rise to compensation for damages or rescission of the agreement.
  5. Images of products are a true representation of the products offered. The trader cannot guarantee that the displayed colours match the actual colours of the products exactly.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
  2. If the consumer has accepted the offer by electronic means, the trader shall without delay confirm receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may rescind the agreement.
  3. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures to that end.
  4. Within the applicable legal framework, the trader may ascertain whether the consumer can fulfil their payment obligations, as well as all those facts and factors that are important for responsibly concluding the distance contract. If, based on this investigation, the trader has sound reasons for not entering into the agreement, they are entitled to refuse an order or request, stating their reasons, or to attach special conditions to the execution.
  5. The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the trader's branch where the consumer can lodge complaints;

b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information regarding guarantees and existing after-sales service;

d. the information referred to in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.

  • In the case of a continuous performance contract, the provision in the preceding paragraph shall apply only to the first supply.
  • Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
  2. During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If they exercise their right of withdrawal, they shall return the product to the trader with all accessories supplied and – where reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
  3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days of receiving the product. The consumer must make this notification by means of the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of postage.
  4. If the customer has not indicated their wish to exercise their right of withdrawal or has not returned the product to the trader within the periods referred to in paragraphs 2 and 3, the purchase is final.
  5. The right of withdrawal expressly does not apply if the purchasing party no Consumer. If a company name or VAT number is provided, it may be assumed to be a business account and therefore a business order.

Article 7 – Costs in the event of withdrawal

  1. If the consumer exercises their right of withdrawal, at most the costs of returning the goods shall be for their account.
  2. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but at the latest within 14 days of withdrawal. This is on the condition, however, that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer has expressly agreed to a different payment method. Shipping costs already paid are excluded from this.
  3. In the event of damage to the product caused by careless handling by the consumer themselves, the consumer is liable for any depreciation in value of the product.
  4. The consumer cannot be held liable for any depreciation of the product if the trader has not provided all legally required information regarding the right of withdrawal, which must be done before the conclusion of the purchase agreement.

Article 8 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market and over which the trader has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices shall be stated with the offer.
  3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

a. these are the consequence of statutory regulations or provisions; or

b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

  • The prices stated in the product or service offer are exclusive of VAT.
  • All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 9 – Timber products

  1. Wood is a natural material. Despite careful selection of materials, it is therefore possible that wooden products may show splits and cracks. These natural changes to the wood do not affect its durability and quality. The continuous interaction between dryness and moisture causes wood to ‘work’. Wood can split, crack, discolour, warp, shrink or expand.
  2. A wooden product can be a few millimetres larger or smaller than stated.
  3. Contact with water may cause wood fibres to raise. Sand the board with sandpaper to make them disappear.
  4. A wooden product can be made from a single piece of wood or from glued laminated timber. If you require the product to be made exclusively from a single piece of wood, this must be indicated in advance.
  5. Wooden items must not be placed in the dishwasher. Wood should be wiped with a damp cloth.
  6. When wood has dried out, it should be oiled again. Grapeseed oil is preferred for this. How often this is necessary depends on the use of the board.
  7. Wood must never come into contact with heat such as an oven, cast-iron pans or a heat lamp. This can cause an adhesive layer to melt, and wood to crack and warp.
  8. Ensure wooden products are dried thoroughly. Putting them away while wet causes the wood to warp. After cleaning, it is best to place wooden products upright. Here, it is important that the grain of the wood is vertical. This reduces the risk of warping.

Article 10 – Conformity and Guarantee

  1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. The products must be returned in their original packaging and in brand new condition.
  4. 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.
  5. The warranty does not apply if:
  6. the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  7. Products supplied that have been exposed to abnormal conditions, or have otherwise been handled carelessly, or have been handled in a manner contrary to the trader’s instructions on the website, in the terms and conditions and/or on the packaging;
  8. The unsuitability is wholly or partly the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

  1. The trader shall exercise the greatest possible care when receiving and carrying out product orders and when assessing applications for the provision of services.
  2. The place of delivery is considered to be the address that the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company shall execute accepted orders with due promptness, though no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery suffers a delay, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer shall receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to any compensation for damages.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves to be impossible, the trader shall endeavour to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment shall be borne by the trader.
  7. The risk of damage and/or loss of products shall remain with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period commences, as referred to in Article 6, paragraph 1. In the event of an agreement for the provision of a service, this period commences after the consumer has received the confirmation of the agreement.
  2. Payment can be made via various electronic methods which are made known during the checkout process. If desired, the consumer can contact the trader to make the payment via a bank transfer.
  3. The consumer has a duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  4. In the event of default by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Disputes

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

Article 16 – Additional or differing provisions

Additional provisions or provisions departing from these general terms and conditions must 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.