Terms and Conditions B2B

Terms and Conditions business customers BLESSH

Are you not a business customer? Then we have the general terms and conditions for you.

Definitions
Applicability
Identity of the entrepreneur
The offer
Bulk orders and quotations
The agreement
Price
Payment
Right of ownership
Delivery and fulfilment
Complaints and right of withdrawal
Conformity and Warranty
Age restrictions
Accountability
Indemnification
Force majeure
Responsibility of the buyer
Intellectual property
Revision of Conditions
Applicable law and jurisdiction

Last updated on 01-02-2024.

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Customer: the natural or legal person acting in the exercise of his trade, business, craft or profession and with whom the entrepreneur enters into an agreement or to whom the entrepreneur makes an offer;
Day: calendar day;
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers and companies;
Agreement: any agreement entered into between the entrepreneur and the customer, any amendment or addition thereto, as well as all (legal) acts in preparation and implementation of that agreement;
Product: any item offered, delivered or to be delivered by the entrepreneur under the agreement, or any product that can be equated with such an item on the basis of common opinion;
Conditions: these general terms and conditions.

Article 2 - Applicability

These terms and conditions apply to every offer, quotation and contract between the entrepreneur and a customer, insofar as the parties have not explicitly deviated from these terms and conditions in writing.
The applicability of any purchase or other conditions of the buyer is expressly rejected.
If one or more provisions in these terms and conditions should at any time be wholly or partially void or nullified, the remainder of these terms and conditions shall remain fully applicable. The entrepreneur and the customer shall then consult to agree on new provisions to replace the void or voided provisions, taking into account the purpose of the original provisions as much as possible.
If there is a lack of clarity regarding the interpretation of one or more provisions of these terms and conditions, they should be interpreted in the spirit of these provisions.
If a situation arises between the parties that is not covered by these terms and conditions, this situation should be assessed in the spirit of these terms and conditions.
If the entrepreneur does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that the entrepreneur would to any extent lose the right to require strict compliance with these terms and conditions in other cases.

Article 3 - Identity of the entrepreneur

DevelopTrend
trading under the name: BLESSH

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

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

Charmber of Commerce: 20158964
VAT number: NL002196079B82

Article 4 - The offer

Every offer made by the entrepreneur on the website is without obligation.
Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the customer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

the price including taxes, unless otherwise agreed;
the possible costs of delivery;
the manner in which the agreement will be concluded and which actions are necessary for this;
the payment method, delivery and execution of the agreement, as well as the delivery period;
the term for accepting the offer, or the term for adhering to the price.

Article 5 - Bulk orders and quotations

This article only applies if the buyer wishes to order at least 10 pieces or more of one and the same article, so-called bulk orders.
If the customer wishes to order at least 10 units of one article, the entrepreneur may calculate a discount at the customer's request. The customer can request information about the discount and delivery time for bulk orders via hi@blessh.com.
An offer expires if the product to which the offer relates is no longer available in the meantime.
A requested quotation is valid for 14 days after it has been issued by the company. Within 1 working day after the necessary data are received by entrepreneur, the request will be put in order.
The delivery of the products takes place at the place and time when the products are ready for dispatch to the customer. The entrepreneur aims to deliver the products to the customer as much as possible in one go. However, it is possible that the order is delivered in several deliveries.
In principle, items from a bulk order are delivered to one address, subject to article 10.2. If items from a bulk order are to be delivered to multiple addresses, the Company is free to charge separate shipping costs.
If a Customer orders multiple copies of 1 article, the entrepreneur cannot guarantee a delivery time.
If the acceptance (whether or not on minor points) deviates from the offer included in the quotation, the entrepreneur is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the entrepreneur indicates otherwise.

Article 6 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the customer accepts the offer and fulfils the accompanying conditions.
If the customer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically.
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 customer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur has the right to perform a creditworthiness check before or after the customer has placed an order. If, based on this check, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
Every agreement is entered into under the suspensive condition of sufficient availability of the products and/or services in question.

Article 7 - Price

During the validity period mentioned 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 three (3) months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from three (3) months after the conclusion of the agreement are permitted if:

they are the result of statutory regulations or provisions; or
the customer is authorised to dissolve the agreement in writing as from the day on which the price increase takes effect.

The prices mentioned on the website in the offer of products or services include VAT, unless otherwise indicated. The prices of products or services mentioned in the offer are exclusive of VAT.

Article 8 -Payment

Insofar as not otherwise agreed in the agreement, the amounts owed by the customer shall be paid within 14 days after the invoice date or, in case of an agreement to provide a service, within 14 days after the customer has received the confirmation of the agreement.
If agreed in advance in writing between the parties, the entrepreneur may jointly invoice the customer on each last day of the month for all purchases made during the month in question. The customer must pay these invoices within 14 days of the date to the account number specified by the entrepreneur.
The entrepreneur is entitled to set a maximum to the total amount of the monthly payment in arrears in paragraph 2 of this article.
If the investigation referred to in article 6 paragraph 4 of the Terms and Conditions results in a negative assessment, the entrepreneur is entitled to require advance payment from the customer, failing which the entrepreneur will not proceed with delivery. In the event of such advance payment, the delivery period will commence as soon as payment is received by the entrepreneur.
If the payment term is exceeded, the entrepreneur is entitled to charge default interest of 1% per month over the outstanding amount, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due will be calculated from the moment the customer is in default until the moment of payment of the full amount due.
If the customer is in non-compliance or neglect in the (timely) fulfilment of his obligations, the entrepreneur is entitled to charge the out-of-court collection costs incurred by him. These collection costs amount to: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from these amounts and percentages.
The customer shall never be entitled to offset amounts due to the entrepreneur.
Objections to the amount of an invoice do not suspend the payment obligation.
The customer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

Article 9 - Right of ownership

All items delivered by the entrepreneur in the context of the contract remain the property of the entrepreneur until the customer has properly fulfilled all obligations under the contract(s) concluded with the entrepreneur, including the purchase price, any surcharges, interest, taxes, costs and damages due under these conditions or the contract.
The items delivered by the entrepreneur, which pursuant to paragraph 1 fall under the retention of title, may not be resold and may never be used as a means of payment. The customer is not authorised to alienate, hire out or give in use, pledge or encumber in any other way the items falling under the right of ownership.
The customer must always do everything that can reasonably be expected of him to secure the entrepreneur's property rights.
If third parties seize goods delivered under retention of title or wish to establish or exercise rights to them, the customer is obliged to inform the entrepreneur immediately.
In the event that the Entrepreneur wishes to use his ownership rights indicated in this article, the customer shall give unconditional and irrevocable permission in advance to the entrepreneur and any third parties to be appointed by the entrepreneur to enter all those places where the entrepreneur's property is located and to repossess those items.

Article 10 - Deilvery and fulfilment

The entrepreneur will take due care when receiving and implementing product orders and when assessing requests for the provision of services.
The place of delivery is the address that the customer has made known to the entrepreneur at the time of placing the order.
Subject to what is stated in article 4 of the Terms and Conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days unless another delivery period has been agreed. In case the entrepreneur has specified a delivery period, this shall be indicative. If delivery is delayed, or if an order cannot or can only be partially carried out, the customer will be informed about this within 30 days after the order was placed. In that case, the buyer shall be entitled to dissolve the agreement free of charge.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the buyer as soon as possible.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the customer, unless explicitly agreed otherwise.
The entrepreneur cannot be held liable for printing errors on its products, which may or may not have been entered correctly or incorrectly by the customer. The same applies to all address and delivery details entered by the customer.

Article 11 - Complaints and right of withdrawal

A large part of BLESSH's products are personalised, custom-made products according to the customer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice of the customer. For these products, the customer in principle has no right of withdrawal. The entrepreneur may further exclude the customer's right of withdrawal in the case of products which, by their nature, cannot be returned, have been put together in accordance with the customer's specifications or which spoil or age quickly.
The customer is obliged to inspect the delivered goods for defects within five (5) days after delivery. In doing so, the customer must check whether the quality and/or quantity correspond to what was agreed. As for natural products (including leather, (precious) stones, pearls and wood products), these may differ on an individual basis. Differences such as visible grains, 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 a reason for rejection of the delivery. Without prejudice to the foregoing, the customer shall inform the entrepreneur immediately (and at the latest within five (5) days after delivery) if defects are found.
During the period mentioned under paragraph 2, the customer will handle the product and packaging with care. The customer will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the customer exercises his right of withdrawal, he shall return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If a defect is not reported within five (5) days after delivery, the customer is no longer entitled to repair, replacement or compensation.
If the buyer complains in time, this does not suspend his payment obligation. The buyer shall in that case also remain obliged to take delivery of and pay for any other products ordered.

Article 12 - Conformity and warranty

The entrepreneur 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 existing statutory provisions and/or government regulations on the date of conclusion of the agreement.
Natural products (including leather, (precious) stones, pearls and wood products) may differ on an individual basis. Individual differences such as visible grain, pores, scars, unevennesses, minor colour differences 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 rejects any liability for this.
The customer can claim the manufacturer's warranty offered by the manufacturer of the products.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the buyer can enforce against the entrepreneur on the basis of the agreement.
Not covered by the warranty are defects to the items that have occurred as a result of normal wear and tear, or damage as a result of circumstances beyond the control of the entrepreneur, including weather conditions or damage caused during transport by the customer.
Any form of warranty expires if the item has been used incorrectly or carelessly.

Article 13 - Age restrictions

The entrepreneur's website and products can be used by people of all ages, with the exception of alcoholic products, which can only be ordered by people over 18.
It is not permitted for the customer to order alcoholic products for persons under the age of 18.
Without prejudice to the provisions in article 15 of the Terms and Conditions, the customer indemnifies the entrepreneur for any fines and/or other damage (including, but not limited to, possible reputation damage) that the entrepreneur suffers as a result of a violation of the previous paragraph.

Article 14 - Accountability

The entrepreneur shall only be liable for direct damage. Liability for indirect damage, including lost profit, consequential damage, suffered loss, missed savings and damage due to business stagnation, is explicitly excluded.
Direct damage is exclusively understood to mean the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage in the sense of these Terms and Conditions, any reasonable costs incurred to have the entrepreneur's faulty performance meet the requirements of the agreement, insofar as these can be attributed to the entrepreneur, and reasonable costs incurred to prevent or limit direct damage as referred to in these Terms and Conditions.
Any liability for direct damage from the entrepreneur towards the customer, for whatever reason, is limited per event (whereby a related series of events counts as one event) to the amount actually paid by the customer to the entrepreneur for the relevant month in which the damage occurred (including shipping costs).
The entrepreneur is not liable for damage of any kind, caused by the fact that the entrepreneur relied on incorrect and/or incomplete information provided by or on behalf of the customer.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of the entrepreneur or his subordinates.

Article 15 - Indemnification

The customer indemnifies the entrepreneur against any claims by third parties, who suffer damages in connection with the implementation of the agreement and whose cause is attributable to other parties than the entrepreneur.
Should the entrepreneur be held liable by third parties for that reason, the customer is obliged to assist the entrepreneur both extra-judicially and judicially and to do immediately all that may be expected of him in that case. Should the customer fail to take adequate measures, the entrepreneur is entitled, without notice of default, to take such measures himself. All costs and damages incurred on the part of the entrepreneur and third parties as a result are entirely at the expense and risk of the customer.

Article 16 - Force majeure

The entrepreneur is not obliged to fulfil any obligation towards the customer if he is hindered to do so as a result of a circumstance that is not due to negligence and for which he cannot be held accountable by law, a legal act or generally accepted views.
Force majeure is in these conditions, in addition to what is understood in law and jurisprudence, all external causes, foreseen and unforeseen, which the entrepreneur cannot influence, but which prevent the entrepreneur from fulfilling his obligations. The entrepreneur also has the right to invoke force majeure if the circumstance preventing (further) compliance with the contract occurs after the entrepreneur should have fulfilled his commitment.
The entrepreneur can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party has the right to dissolve the agreement, without any obligation to pay damages to the other party.
Insofar as the Entrepreneur has already partially fulfilled his obligations under the contract or will be able to fulfil them at the time of the commencement of the force majeure and insofar as independent value can be attributed to the part already fulfilled or to the part to be fulfilled respectively, the Entrepreneur has the right to invoice the fulfilled or to be fulfilled part separately. The customer is obliged to pay this invoice as if it were a separate agreement.

Article 17 - Responsibility of the customer

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 customer indemnifies the entrepreneur against any claims by third parties as a result of non-compliance with this provision.
The customer is responsible for thoroughly checking the data he passes on to the entrepreneur for accuracy and completeness. The entrepreneur has no responsibility whatsoever to check this data for accuracy or completeness.

Article 18 - Intellectual property

Without prejudice to the other provisions of the 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, products 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 customer 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 products, are exclusively intended for use by the customer and may not be reproduced, made public or brought to the notice of third parties by the customer 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 during the implementation of the work for other purposes, provided that 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 published without written permission from the entrepreneur.
The customer 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 customer do not infringe any intellectual and/or industrial property right of third parties and accepts no liability in the event of any third-party claim based on the assertion that an item delivered by the entrepreneur infringes any right of a third party.
The customer indemnifies the entrepreneur against claims by third parties based on infringement of intellectual property rights (including portrait rights) relating to himself as well as to photographs, logos or images of third parties that he adds to a product of the entrepreneur.

Article 19 – Revision of the terms and conditions

The entrepreneur reserves the right to change these conditions unilaterally.
The version in force at the time the relevant legal relationship with the entrepreneur was established always applies. The customer is advised to regularly check the conditions for changes.

Article 20 - Applicable law and jurisdiction

To agreements between the entrepreneur and the customer to which the Terms and Conditions relate, only Dutch law is applicable, even if an obligation is wholly or partially carried out abroad. The applicability of the Vienna Sales Convention is excluded.
All disputes arising from offers or agreements, by whatever name, will be submitted to the judgement of the authorised judge in the place of business of the entrepreneur.
Parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.