Blue Blade Dice, established in Capelle aan den IJssel, Chamber of Commerce number 42071371, btw-id NL005471810B04, is referred to as the seller in these general terms and conditions.
The counterparty of the seller is referred to as the buyer in these general terms and conditions.
The seller and buyer together are referred to as the parties.
The term agreement refers to the purchase agreement between the parties.
These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
Deviations from these terms and conditions are only valid if expressly agreed upon by the parties in writing.
The full purchase price must always be paid immediately through the webshop. In the case of reservations, a deposit may be required in certain circumstances. In such cases, the buyer will receive proof of the reservation and the advance payment.
If the buyer does not pay on time, the buyer is in default. If the buyer remains in default, the seller is entitled to suspend its obligations until the buyer has fulfilled its payment obligation.
If the buyer remains in default, the seller will proceed with collection. The costs associated with such collection shall be borne by the buyer. These collection costs are calculated in accordance with the Dutch Decree on Compensation for Extrajudicial Collection Costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
In the event of liquidation, bankruptcy, attachment of assets, or suspension of payments of the buyer, the seller’s claims against the buyer shall become immediately due and payable.
If the buyer refuses to cooperate with the execution of the order by the seller, the buyer remains obliged to pay the agreed price to the seller.
Offers are non-binding unless a period for acceptance is specified in the offer. If the offer is not accepted within the specified period, the offer shall expire.
Delivery times stated in quotations are indicative. Exceeding these times does not give the buyer the right to dissolve the agreement or claim compensation, unless the parties have expressly agreed otherwise in writing.
Offers and quotations do not automatically apply to repeat or subsequent orders. The parties must expressly agree to this in writing.
The price stated in offers, quotations and invoices consists of the purchase price, including applicable VAT and any other government levies.
The consumer has the right to dissolve the agreement without giving a reason within 14 days after receiving the order (right of withdrawal). This period begins when the consumer has received the complete order.
There is no right of withdrawal when the products have been manufactured according to the consumer’s specifications or are of a short shelf life.
The consumer may contact bluebladedice@gmail.com or press the “Return Order”-button in their order history to exercise the right of withdrawal.
During the withdrawal period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the unused and undamaged product, including all accessories supplied and, where reasonably possible, in the original shipping packaging, to the seller in accordance with the reasonable and clear instructions provided by the seller.
If, during the execution of the agreement, it becomes apparent that it is necessary for the proper execution of the order to modify or supplement the work to be carried out, the parties shall amend the agreement accordingly in a timely manner and in mutual consultation.
If the parties agree that the agreement will be modified or supplemented, this may affect the completion time. The seller shall inform the buyer of this as soon as possible.
If the amendment or addition to the agreement has financial and/or qualitative consequences, the seller shall inform the buyer of this in writing in advance.
If the parties have agreed on a fixed price, the seller shall indicate the extent to which the amendment or addition will result in an increase of this price.
Contrary to the provisions of paragraph 3 of this article, the seller may not charge additional costs if the amendment or addition is the result of circumstances attributable to the seller.
As soon as the purchased goods have been received by the buyer, the risk transfers from the seller to the buyer.
The buyer is required to inspect the goods delivered at the time of delivery or, at the latest, within the shortest possible period thereafter. The buyer must examine whether the quality and quantity of the goods delivered correspond to what the parties have agreed, or at least whether the quality and quantity meet the requirements normally applicable in commercial transactions.
Claims relating to damage, shortages or loss of delivered goods must be submitted by the buyer to the seller in writing within 14 days after the day on which the goods were delivered.
If a complaint is found to be justified within the specified period, the seller has the right to either repair the goods, deliver replacement goods, or refrain from delivery and issue the buyer with a credit note for the relevant part of the purchase price.
Minor and/or industry-standard deviations and differences in quality, quantity, dimensions or finish cannot be held against the seller.
Complaints concerning a particular product do not affect other products or components belonging to the same agreement.
No claims will be accepted after the goods have been processed by the buyer.
If a sample or model has been shown or provided to the buyer, it is presumed to have been provided merely as an indication, without the goods to be delivered having to correspond to it. This is different if the parties have expressly agreed that the goods to be delivered will correspond to the sample or model.
In agreements concerning immovable property, statements regarding the surface area or other dimensions and specifications are likewise presumed to be indicative only, without the goods to be delivered having to correspond to them.
Delivery shall take place ex works/from the shop/warehouse. This means that all costs are borne by the buyer.
The buyer is obliged to accept the goods at the time the seller delivers or arranges for them to be delivered, or at the time at which the goods are made available to the buyer according to the agreement.
If the buyer refuses to accept the goods or fails to provide information or instructions necessary for delivery, the seller is entitled to store the goods at the buyer’s expense and risk.
If the goods are delivered, the seller is entitled to charge any applicable delivery costs.
If the seller requires information from the buyer for the execution of the agreement, the delivery period begins once the buyer has provided this information to the seller.
A delivery period specified by the seller is indicative and shall never constitute a strict deadline. If the delivery period is exceeded, the buyer must formally notify the seller of default in writing.
The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value. In the event of partial delivery, the seller is entitled to invoice each part separately.
If the seller is unable to fulfil its obligations under the agreement, or unable to do so on time or properly, due to force majeure, the seller shall not be liable for any damage suffered by the buyer.
Force majeure shall in any event include any circumstance that the seller could not have taken into account when entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be required of the seller, such as illness, war or the threat of war, civil war and riots, acts of war, sabotage, terrorism, power failure, flooding, earthquake, fire, occupation of the business premises, strikes, exclusion of workers, changes in government measures, transport difficulties, and other disruptions to the seller’s business.
Force majeure also includes circumstances in which suppliers on whom the seller depends for the execution of the agreement fail to fulfil their contractual obligations towards the seller, unless this can be attributed to the seller.
If a situation as referred to above occurs as a result of which the seller cannot fulfil its obligations towards the buyer, those obligations shall be suspended for as long as the seller is unable to fulfil them. If the situation referred to in the previous sentence has continued for 30 calendar days, both parties have the right to dissolve the agreement in whole or in part in writing.
If the force majeure situation continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only take place by registered letter.
The buyer’s rights under this agreement may not be transferred without the seller’s prior written consent. This provision constitutes a clause with property-law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
Goods and components held by the seller and goods and components delivered by the seller remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller may invoke its retention of title and take back the goods.
If agreed advance payments are not made or are not made on time, the seller has the right to suspend its work until the agreed amount has been paid. In such a case, the buyer is considered to be in creditor’s default. Any delayed delivery resulting from this cannot be held against the seller.
The seller is not entitled to pledge or otherwise encumber goods subject to its retention of title.
If goods have not yet been delivered but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The goods will not be delivered until the buyer has paid the full amount in accordance with the agreement.
In the event of liquidation, insolvency or suspension of payments of the buyer, the buyer’s obligations shall become immediately due and payable.
Any liability for damage arising from or related to the performance of an agreement shall always be limited to the amount paid out in the relevant case under the seller’s liability insurance policy or policies. This amount shall be increased by the applicable excess under the relevant policy.
The seller’s liability for damage resulting from intent or deliberate recklessness by the seller or its managerial subordinates is not excluded.
The buyer is obliged to report complaints regarding the work performed to the seller immediately. The complaint must contain as detailed a description of the shortcoming as possible, so that the seller is able to respond appropriately.
If a complaint is found to be justified, the seller is obliged to repair the goods and, if necessary, replace them.
If warranties are included in the agreement, the following shall apply. The seller warrants that the goods sold conform to the agreement, will function without defects, and are suitable for the use for which the buyer intends to use them. This warranty applies for a period of one calendar years after the buyer has received the goods.
The purpose of this warranty is to establish such a division of risk between the seller and buyer that the consequences of a breach of warranty shall always be entirely at the seller’s expense and risk, and that the seller may never invoke Article 6:75 of the Dutch Civil Code in relation to a breach of warranty. The provision in the previous sentence also applies if the buyer knew or could have known of the breach by conducting an investigation.
The aforementioned warranty does not apply if the defect arose as a result of improper or inappropriate use, or if the buyer or third parties have made or attempted to make modifications without permission, or have used the goods for purposes for which they were not intended.
If the warranty provided by the seller relates to goods produced by a third party, the warranty is limited to the warranty provided by that producer.
Blue Blade Dice retains all intellectual property rights (including copyright, patent rights, trademark rights, design and model rights, etc.) to all products, designs, drawings, written materials, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless the parties have agreed otherwise in writing.
The customer may not, without Blue Blade Dice’s prior written consent, copy, have copied, show to third parties and/or make available to third parties, or otherwise use the aforementioned intellectual property rights.
Blue Blade Dice is entitled to amend or supplement these general terms and conditions.
Amendments of a minor nature may be made at any time.
Blue Blade Dice shall, as far as possible, discuss significant substantive amendments with the customer in advance.
Consumers are entitled to terminate the agreement in the event of a material amendment to the general terms and conditions.
All agreements between the parties shall be governed exclusively by Dutch law.
The Dutch court in the district in which Blue Blade Dice is established shall have exclusive jurisdiction to hear any disputes between the parties, unless mandatory law provides otherwise.
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
If, in legal proceedings, one or more provisions of these general terms and conditions are deemed unreasonably onerous, the remaining provisions shall remain fully in force.
