Terms and conditions

Terms and conditions BLESSH

Are you a business customer? Then we have seperate business terms and conditions for you.

Definitions
Identity of the entrepreneur
Applicability
The offer
The agreement
Right of withdrawal
Obligations of the consumer during the withdrawal period
Execution of the right of withdrawal and its costs
Obligations of the entrepreneur in the event of withdrawal
Exclusions of the right of withdrawal
Intellectual property
Pricing
Compliance and warranty
Delivery and fulfillment
Duration transactions
Payment
Applicable law and court with jurisdiction
Responsibilities of the consumer
Age restrictions
Additional or differing provisions

Last updated on 01-01-2024.

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Duration transaction: a remote agreement for the regular delivery of products and/or services, of which the obligation to deliver and/or purchase is spread over time;
Durable data carrier: every (auxiliary) means that enables the consumer or the entrepreneur to store information that is addressed to him personally, in a way that makes this information accessible for future use during a period that is adapted to the purpose for which the information is intended, and that makes unaltered reproduction of the stored information possible.
Right of withdrawal: the possibility for the consumer to cancel his distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers and companies;
Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling 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. The consumer issues an order on the website of the entrepreneur to have one or more products of the entrepreneur produced and shipped.
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together simultaneously in the same room.

Artikel 2 - Identity of the entrepreneur

DevelopTrend
trading under the name: BLESSH

Business address (NO visiting addres)
Lange bunder 83
4854MB Bavel
The Netherlands

Check this page for current opening hours.
E-mail addres: hi@blessh.com

Chamber of Commerce number: 20158964
VAT number: NL002196079B82

Article 3 - Applicability

These general conditions apply to any offer from the entrepreneur and any distance contract concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the remote agreement is concluded that the general terms and conditions are available for inspection at the entrepreneur'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, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs apply by analogy and in the event of conflicting general conditions the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

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 contains a complete and accurate description of the products and/or services on offer. 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 errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the main characteristics of the product or service;
the price including taxes;
the possible costs of delivery;
the way in which the agreement will be concluded and which actions are necessary for that purpose;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and fulfilment of the agreement, as well as the delivery period;
the period for accepting the offer, or the period for honouring the price;
the right of cancellation of the agreement, the conditions, term and modalities for exercising that right;
the way in which the consumer can become aware of acts not wanted by him before the closure of the contract, as well as the way he can correct these acts before the contract is concluded;
any languages other than Dutch in which the agreement may be concluded; and
the minimum duration of the distance contract in case of a contract for continuous or periodical delivery of products or services and the conditions for termination.

Article 5 - The agreement

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.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier, at the latest upon delivery of the product or service to the consumer:

The contact details of the entrepreneur to whom the consumer can address complaints;
the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
the information on existing after-sales services and warranties;
the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data for the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or for an indefinite period of time;
if the consumer has a right of withdrawal, the model form for withdrawal.

If the transaction is a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

Exclusion of the right of withdrawal

Most of the products sold by BLESSH, are personalised. These products are produced according to the specific, individual wishes of the consumer and are therefore not pre-manufactured. As these are custom-made products, manufactured on the basis of an individual choice of the consumer, the consumer has in principle no right of withdrawal for these products. As regards the exclusion of the right of withdrawal, the provisions of Article 10 of these general terms and conditions also apply.

For non-personalised products

Without prejudice to the provisions of paragraph 1, the consumer, who has a right of withdrawal, may dissolve a contract relating to the purchase of a product during a 14-day cooling-off period without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The withdrawal period referred to in paragraph 2 starts on the day after the consumer, or a third party designated by the consumer other than the carrier, has received the product, or

where the consumer has ordered several products in the same order which are delivered separately: the day on which the consumer, or a third party designated by the consumer, has received the last product;
if the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party indicated by the consumer has received the last shipment or part;
in case of an agreement for regular delivery of products during a certain period of time: the day on which the consumer or a third party indicated by the consumer has received the first product.

In the case of services

Without prejudice to the provisions of paragraph 2, a consumer may dissolve an agreement to provide services without giving reasons until a period of 14 days has elapsed, after the day on which the agreement is concluded.

Extended cooling-off period for products in case of failure to inform about right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in paragraph 5 within 12 months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received the information.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for the depreciation of the product if any handling of the item has gone beyond that permitted in paragraph 1
The consumer is not liable for depreciation of the product if the trader has failed to provide the legally required information on the right of withdrawal before or at the conclusion of the contract.

Article 8 - Execution of the right of withdrawal and its costs

If the Consumer wishes to exercise his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form (see Annex 1) or by another unequivocal statement to that effect.
As soon as possible, but in any case within 14 days after the notification referred to in paragraph 1, the consumer returns the products he has received or hands them over to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the products himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
The consumer returns the product including all delivered accessories, as far as reasonably possible in original condition and in the original packaging, all in accordance with the instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product, unless the entrepreneur has failed to inform the consumer that he should bear these costs or has indicated that he should bear these costs himself.
If the consumer makes use of his right of withdrawal then all additional contracts are dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur enables the consumer's notification of withdrawal by electronic means, he will send a confirmation of receipt as soon as possible after receiving this notification.
After invoking the right of withdrawal by the consumer, the entrepreneur will refund all payments made by the consumer, including any delivery costs, as soon as possible but at the latest within 14 days after the day of receipt of the notification of withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with the refund until he has received the product(s) or the consumer has proven that he has returned the products, whichever is earlier.
For refunds, the entrepreneur shall use the same means of payment used by the consumer, unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this when making the offer, or at least in good time before concluding the contract:

Products that are made based on consumer specifications, that are not prefabricated and that are manufactured based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
As for natural products (including leather, (precious) stones, pearls and wood products), they may differ from each other on an individual basis. Individual differences such as visible grain, pores, scars, unevennesses, minor colour differences and/or insect bites characterise the authenticity of the article and do not in any way count as defects and cannot be grounds for revocation;
Contracts concluded during a public auction;
Products that spoil quickly or have a limited shelf life;
Products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
Alcoholic beverages whose price was agreed at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
A contract to provide services, after full performance of the contract, if:

the performance has started with the express prior consent of the consumer; and
the consumer has declared to waive his right of withdrawal once the entrepreneur has fulfilled the contract;

Products that, after delivery, are by their nature irrevocably mixed with other products;
Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
Newspapers, magazines or journals, with the exception of subscriptions to these;
The delivery of digital content not delivered on a material carrier, but only if:

the performance has started with the express prior consent of the consumer; and
the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - Intellectual property

Without prejudice to the other provisions of these general terms and conditions, the Entrepreneur reserves the rights and powers to which the entrepreneur is entitled under the Copyright Act.
Any designs, sketches, drawings, films, software, texts, audio recordings, gifts and other materials or (electronic) files created by the entrepreneur within the framework of the agreement remain the property of the entrepreneur, regardless of whether they were made available to the consumer or to third parties, unless otherwise agreed.
Any documents provided by the entrepreneur, such as designs, sketches, drawings, films, software, texts, audio recordings, (electronic) files, other materials and other gifts, are exclusively intended to be used by the consumer and may not be reproduced, made public or brought to the notice of third parties by him without the prior consent of the entrepreneur, unless the nature of the documents provided dictates otherwise.
The entrepreneur retains the right to use any knowledge gained by the implementation of the work for other purposes, as long as no confidential information is brought to the attention of third parties.
Everything on the website is the property of the entrepreneur and may not be reproduced or made public without written permission from the entrepreneur.
The consumer must fully and unconditionally respect all intellectual and industrial property rights vested in the items delivered by the entrepreneur.
The entrepreneur does not guarantee that the items delivered to the consumer do not infringe any intellectual and/or industrial property right of third parties and does not accept any liability in case of any claim by third parties based on the assertion that an item delivered by the entrepreneur infringes any right of a third party.

Article 12 - Pricing

During the validity period stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
Price increases within 3 months after the conclusion of the contract are only allowed if the consumer is authorised to dissolve the contract as of the day on which the price increase takes effect.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:

they are the result of statutory regulations or provisions; or
the consumer is authorised to dissolve the contract on the day on which the price increase is effective.

The prices mentioned in the offer of products or services include VAT.

Article 13 - Compliance and warranty

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 formation of the agreement.
Natural products (including leather, (precious) stone, pearls and wood products) may differ on an individual basis. Individual differences such as visible grain, pores, scars, minor colour differences, unevenness and/or insect bites characterise the genuineness of the article and do not in any way count as material defects. The differences cannot be a reason for assuming non-conformity and the entrepreneur disclaims any liability for this.
An extra warranty provided by the entrepreneur, his supplier, manufacturer or importer does not detract from the rights and claims that the consumer can assert under the law and/or the remote agreement if the entrepreneur has failed to fulfil his obligations under the agreemen.
Extra warranty as referred to in paragraph 2 means any commitment in which the entrepreneur, his supplier, manufacturer or importer grants certain rights or claims to the consumer that go beyond what the consumer is legally obliged to do.

Article 14 - Delivery and fulfillment

The entrepreneur will take the greatest possible care when receiving and fulfilling product orders and when assessing requests for the provision of services.
The location of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will fulfil accepted orders as quickly as possible but at the latest within 30 days unless another delivery period has been agreed. In case the entrepreneur has stated a delivery period, this is indicative. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to cancel the agreement free of charge.
In case of a cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible.
IIf the delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest when the delivery is made, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.
The entrepreneur cannot be held liable for printing errors on her products, which may or may not have been entered correctly or incorrectly by the consumer. The same applies to all delivery and shipping details provided by the consumer.

Article 15 - Duration transactions

The consumer may cancel a fixed-term contract that was concluded for an indefinite period of time at any time, subject to the applicable termination rules and a period of notice that does not exceed one month.
A fixed-term contract has a maximum term of two years. If it has been agreed that, in the event of the consumer's negligence, the distance contract will be renewed, the contract will be continued as a contract for an indefinite period of time and the notice period after continuation of the contract will be at most one month.

Article 16 - Payment

Unless otherwise agreed in the agreement, the amounts owed by the consumer should be paid within 14 days after the invoice date or, in case of an agreement to provide a service, within 14 days after the consumer received the confirmation of the agreement.
Notwithstanding paragraph 1, if the consumer can make use of his legal right of withdrawal, the amounts owed by the consumer should be paid within 14 days after the start of the cooling-off period.
If the consumer fails to pay within the agreed 14 days, the balance will be successively increased with reminder costs, dunning costs and summation costs.
If the entrepreneur proceeds to (extra)judicial measures in case of non-payment by the consumer, the costs thereof will be for the account of the consumer.
When selling products to consumers, the general terms and conditions may never require an advance payment of more than 50%. Where advance payment has been agreed, the consumer may not assert any rights regarding the fulfilment of the relevant order or service(s) before the agreed advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.

Article 17 - Applicable law and court with jurisdiction

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively subject to Dutch law.
The court in the place of registered office of the entrepreneur is competent to take cognisance of disputes, unless the cantonal judge is competent. Nevertheless, both the entrepreneur and the consumer have the right to submit the dispute to the court that has jurisdiction according to the law.
The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consensus.

Article 18 - Responsibilities of the consumer

The consumer agrees not to personalise texts, images and/or logos on the holder/packaging with texts of a racist, sexual or discriminatory nature or texts that are otherwise contrary to the law and/or good morals. It is not possible for the entrepreneur to check the products for compliance with this provision.
The consumer agrees not to violate the intellectual property rights of third parties with the personalised texts, images and/or logos on the holder/packaging. A possible violation is at the expense and risk of the consumer. It is not possible for the entrepreneur to check the products for compliance with this provision.
The consumer is responsible for thoroughly checking the data he passes on to the entrepreneur for correctness and completeness. The entrepreneur has no responsibility to check these data for correctness or completeness.

Article 19 - Age restrictions

The entrepreneur's website and products can be used by persons of all ages, with the exception of alcoholic products, which can only be ordered by persons over the age of 18.
Consumers are not allowed to order alcoholic products for persons under 18 years of age.
The age of the recipient of alcoholic products will be checked at the door by the delivery person. If the recipient is under 18, the product may not be handed over.

Article 20 - Additional or differing provisions

Additional provisions or provisions differing from these general terms and conditions may 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 data carrier.

Annex 1: Model withdrawal form

Model withdrawing form

Only complete and return this form if you wish to dissolve / cancel the contract

To;

BLESSH
Postbus 4761,
4803 ET Breda
The Netherlands

Email addres: hi@blessh.com

I/We (*) hereby give notice that I/We (*) revoke our contract of sale of the following goods/delivery of the following service (*)

Ordered on (*)/Received on (*)

[Name(s) of consumer(s)]

[Consumer(s) address]

[Signature of consumer(s)][only when this form is submitted on paper].

[Date]

(*) Cross out what does not apply.