Article 1. Applicability
1.1 These General Terms and Conditions of Sale (hereinafter: Conditions) apply to all offers, orders and agreements of Blue Earth, to the exclusion of any other general terms and conditions.
1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these Terms and Conditions can only be deviated from in writing, in which case the other provisions will remain in full force and effect.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of Blue Earth, are also stipulated for the benefit of intermediaries and other third parties engaged by Blue Earth.
Article 2. Offers/agreements
2.1 All offers from Blue Earth are without obligation and Blue Earth expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.
2.2 An agreement is only concluded after acceptance of your order by Blue Earth. Blue Earth is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Blue Earth will inform you within ten (10) working days after receipt of the order.
Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in euros, including VAT and excluding postage, any taxes or other levies, unless otherwise stated or agreed in writing.
3.2 Payment must be made without discount or compensation. Delivery of the goods will be made after payment of the full invoice amount to the stated account number that appears during the ordering process.
3.3 Payment can be made in (one of) the manner(s) as indicated during the ordering process.
3.4 If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order.
Article 4. Delivery
4.1 The delivery times specified by Blue Earth are only indicative. Exceeding any delivery term does not entitle you to compensation or the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery term is such that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary.
4.2 The delivery of the products will take place at the place and time at which the products are ready for dispatch to you.
Article 5. Retention of title
5.1 The ownership of the delivered products is only transferred if you have paid all that you owe to Blue Earth under any agreement. The risk with regard to the products already transfers to you at the time of delivery.
Article 6. Complaints and liability
6.1 You have the obligation to examine whether the products comply with the agreement upon delivery. If this is not the case, you must notify Blue Earth of this as soon as possible and in any case within 14 working days after delivery, at least after observation was reasonably possible, in writing and with reasons.
6.2 If it is shown that the products do not comply with the agreement, Blue Earth has the choice to replace the products concerned with new products against their return or to refund the invoice value thereof.
6.3 If you do not wish to purchase a product for whatever reason, you have the right to return the product to Blue Earth within 14 working days after delivery. Returns are only accepted in this case if the packaging of the product is undamaged and any plastic seal on the packaging has not been broken, whereby the costs for returns are also for your account.
Article 6.3 (addition of EU legislation 13 June 2014)
You have the right to cancel your order up to 14 days after receipt without giving any reason. You will then be credited the full order amount including shipping costs. Only the costs for returning from your home to the webshop are for your own account. If you make use of your right of withdrawal, the product will be returned to the entrepreneur with all accessories supplied and – if reasonably possible – in its original condition and packaging. To exercise this right, please contact us at firstname.lastname@example.org.
Article 7. Orders/communication
7.1 For misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the Internet or any other means of communication in the traffic between you and Blue Earth, or between Blue Earth and third parties, insofar as it relates to the relationship between you and Blue Earth, Blue Earth is not liable, unless and insofar as there is intent or gross negligence on the part of Blue Earth.
Article 8. Force majeure
8.1 Without prejudice to its other rights, Blue Earth has the right in the event of force majeure, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by notifying you of this in writing. parts and this without Blue Earth being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
8.2 Force majeure is understood to mean any shortcoming that cannot be attributed to Blue Earth, because it is not due to its fault and is not for its account under the law, legal act or generally accepted standards.
Article 9. Miscellaneous
9.1 If you provide Blue Earth with an address in writing, Blue Earth is entitled to send all orders to that address, unless you notify Blue Earth in writing of another address to which your orders should be sent. If the specified delivery address is incorrect and the order is returned to Blue Earth, you will be responsible for the costs of re-sending.
9.2 If Blue Earth allows deviations from these Terms and Conditions, whether tacitly or otherwise, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any rights based on the fact that Blue Earth applies these Conditions flexibly.
9.3 If one or more of the provisions of these Terms and Conditions or any other agreement with Blue Earth should conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible comparable provision.
9.4 Blue Earth is authorized to use third parties for the execution of your order(s).
Article 10. Applicable law and competent court
10.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.
10.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.