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Terms & Conditions

Private persons who purchase a product via the website www.bolddesign.be have the right to withdraw the order without any given reason for 14 days. This right-to-withdraw period commences on the day that the client, or a pre-designated representative made known to BOLD, received the product.

Section 1 – General

1. These general terms and conditions are part of all agreements concluded and all offers made by BOLD. The applicability of any terms of the client is expressly ruled out by BOLD. The nullity of one or more provisions of these terms and conditions does not bar the validity of any other clause.
2. These terms and conditions supersede any prior agreements between BOLD and the client.
3. BOLD has the right to modify and/or supplement these terms and conditions.

Section 2 – Identity

BOLD – Pieter-Jan Bonte
Markekerkstraat 25
8510 Marke - Belgium
+32 (0)485 415344
info@bolddesign.be
ID/VAT no.: BE0588971132

Section 3 – Applicability

1. These terms and conditions apply to any offer of BOLD, any (distance) agreement concluded between BOLD and the client, and to any use of the website www.bolddesign.be.
2. Before a distance contract is concluded, the text of these terms and conditions is made available to the client electronically. On request of the client, these terms and conditions can be sent by postal service as soon as possible and without any charge.
3. If you make use of the website www.bolddesign.be, you accept these terms and conditions.

Section 4 – Offer

1. All our offers, both oral and written, are subject to contract. An offer expires if the product to which the offer relates, in the meantime is no longer available.
2. The product images, as shown on the website www.bolddesign.be, are sometimes a representation of the actual product offered. When a batch of the same products comes from the same location, BOLD displays only one of the products from this batch on its website. This displayed product serves as a representative example of the actual product offered.

Section 5 – Contract

1. A contract is concluded at the time of acceptance the offer and satisfaction of the corresponding conditions.

Section 6 – Right of withdrawal

1. Private persons who purchase a product via the website www.bolddesign.be have the right to withdraw the order without any given reason for 14 days. This right-to-withdraw period commences on the day that the client, or a pre-designated representative made known to BOLD, received the product.
2. When exercising his right to withdrawal the client will treat the product and packaging with care. The client will only unpack or use the product in so far as this is necessary to assess whether he wishes to keep the product. If the client exercises his right of withdrawal, the client will notify BOLD in writing (email) within 14 days of receipt, and will ensure that the product is received by BOLD in its original condition and with all its accessories delivered, within 30 days of notification.
3. If the client exercises his right of withdrawal, the costs and the risks of returning the product are borne by the client. The client is thus responsible for the safe-packaging of the product; BOLD will not refund any amount paid by the client in case of damage on or loss of returned goods.
4. Upon receipt of the returned goods pursuant to paragraph 2 of this article, BOLD will refund the amount paid by the client, excluding the initial delivery costs, within 14 days.
5. If goods are returned from outside the EU, an additional amount of EUR 20, – (twenty euros) will be charged due to customs duties.
6. The right of withdrawal as referred to in paragraph 1 is inapplicable if the products have been created and/or modified in accordance with client specifications.

Section 7 – Applicability of the products

1. All products comply in normal use with the requirements that can be reasonably expected at the time of delivery.
2. All original brands, labels and other markings on the products should be disregarded.
3. All products, including those originally designed for outdoor use, are to be used indoors only.
4. Original IP values of the product cannot be guaranteed and as such, all products must be treated as IP20.
5. BOLD is in no way liable for the purpose and the installation of the goods delivered to the client. BOLD has no control over the assembly, suitability and manner of the application or use of the products. BOLD excludes any condition or warranty regarding the suitability of its products.
6. BOLD recommends that all electrical products purchased at BOLD are to be installed and certified by a qualified electrician.

Section 8 – Liability

1. If and in so far as BOLD could be held liable in any way, then this liability is limited to what is stated in this provision.
2. BOLD is not liable for damage of whatever nature, in case BOLD has acted on the basis of false and/or incomplete data provided by or on behalf of the client
3. BOLD is only liable for direct damage. Direct damage is understood to mean exclusively:
a. the reasonable costs of determining the cause and extent of the damage, in so far as this determining relates to damage within the meaning of these terms and conditions.
b. the reasonable costs, if any, incurred to make the performance of BOLD match the contract stipulations. This damage will, however, not be compensated if BOLD has terminated the contract.
c. the reasonable costs incurred to prevent or mitigate damage, in so far as it can be demonstrated that these costs resulted in a mitigation of the direct damage, as referred to in these terms and conditions.
4. BOLD is never liable for indirect damages, including consequential damages, lost profits, lost savings, and damage due to business stagnation or other stagnation.
5. If and in so far as BOLD could be held liable in any way, liability is limited to up to three times the invoice value of the order, or that part of the order to which the liability relates.
6. The liability of BOLD is at all times limited to the amount paid by his insurer where appropriate.
7. The limitations of liability as referred to in this article do not apply if the damage is due to intent or gross negligence of BOLD, or its management.

Section 9 – Pricing

1. BOLD is entitled to modify prices before a contract is concluded as referred to in section 5. Until all conditions of the contract have been met, BOLD is at all times entitled to increase prices with costs that result from government actions.
2. Unless stated differently the prices mentioned are inclusive of sales tax (Value Added Tax). All purchases are subject to Belgian VAT at the rate prevailing at the time of concluding the contract.
3. Purchases are not subject to Belgian VAT, as referred to in paragraph 2, if the client is established outside the EU. Such purchases may be subject to (sales) taxes in the country of establishment, and are at all times borne by the client.
4. All prices do not include shipping costs; these costs vary per country, and will be calculated separately.
5. All prices are in Euro. BOLD accepts only Euros.
6. Unless stated otherwise, all prices are for single items.

Section 10 – Compliance and warranty

1. BOLD warrants that the products meet the contract, and the reasonable requirements of reliability and/or practicability considering the nature of the product.
2. If the product does not comply with that stated in paragraph 1, BOLD will, at BOLD’s discretion and after return of the goods in their original state, either repair the goods delivered, or completely or partially replace the goods delivered by equivalent goods, or pay reasonable compensation not exceeding the invoice value of the delivered goods.
3. If after return it shows that the product indeed does not comply with that stated in paragraph 1, BOLD will refund the shipping charges for returning the product.
4. The warranty as referred to in paragraph 2 and the reimbursement of the shipping costs as referred to in paragraph 3 does not apply if:
a. the client is in default in payment towards BOLD;
b. when purchasing the goods, the client had taken insufficient account of the characteristics of the goods.
c. the faultiness does not adversely affect the normal use of the delivered goods
d. the goods delivered were not applied, treated and/or used in accordance with the instructions given by BOLD in respect thereof.
e. the goods delivered are exposed to abnormal conditions, such as pollution, external force or overload;
f. the client or any third party carried out repairs to the goods delivered by BOLD, without our prior written consent;
g. the deadline for lodging a complaint, as stated in paragraph 5 of this article has been exceeded;
h. in the case of hidden defects, five years have elapsed after date of receipt of the product.
5. Complaints concerning visible defects need to be reported in writing (email) to BOLD within 7 days after delivery, unless the client can demonstrate that he has not been able to inspect the goods within this period. Complaints concerning hidden defects which may only appear after use, need to be reported in writing within 7 days after these defects have been reported to the client or after these defects could reasonably have become apparent.

Section 11 – Order processing and delivery

1. The place of delivery is the delivery address that the client has made known to BOLD.
2. BOLD devotes the greatest care to receiving and processing orders. BOLD will process accepted orders as soon as possible, and no later than 7 days after receipt, unless a longer delivery date is mutually agreed.
3. If delivery of an ordered product, for whatsoever reason, proves impossible, the client receives notification of this as soon as possible, and no later than 3 days after the order is placed. In such case BOLD will endeavor to provide a comparable product in consultation with the client. If the client does not agree with the proposed product, the client has the right to terminate the contract at no cost.
4. In case of termination of the contract in accordance with the preceding paragraph, BOLD will refund the paid amount as soon as possible, and no later than 30 days after termination.
5. If the client refuses or fails to provide information or instructions necessary for the delivery, the products to be delivered will be stored at the risk and costs of the client.
6. Unless otherwise agreed, the risk of damage and/or loss of products lies with BOLD until the moment of delivery to the client or to a pre-designated representative made known to BOLD.

Section 12 – Shipment

1. The shipping costs are indicated by BOLD. The amount of the sipping costs depends on the product and the country of destination.
2. The shipping time as indicated by BOLD is only indicative. Therefore no rights can be derived from the indicated shipping time.
3. If an order is damaged during shipping, BOLD must be notified of this by the client in writing (email) within 7 days of receipt of the product.
4. Damaged products, as referred to in paragraph 3, should never be discarded. If the damaged product cannot be submitted to BOLD, the client’s right of guarantee, as referred to in article 10, paragraph 2, lapses.
5. International orders may be subject to import duties and taxes on receipt of the package. These costs are at all times to be borne by the client.

Section 13 – Payment

1. The client has the duty to immediately report to BOLD any inaccuracies in the provided or specified payment data.
2. In case of default of payment by the client, BOLD has the right to charge pre-announced reasonable costs, subject to the restrictions provided for by law.

Section 14.  Intellectual property

1. The (intellectual property) rights relating to the website, including the rights to the texts, images, design, databases, photos and other (still and/or moving) images, formats, software, brands (including domain names) and other materials, are owned by BOLD, its licensors, manufacturers of such products and/or third parties to whom BOLD is not affiliated.
2. The user of the website may not make (parts of) the website in any way available to third parties, and/or reproduce (parts of) the website other than by downloading and viewing on a single computer and/or printing a copy.
3. The website may contain references (e.g. through a hyperlink, banner or button) to third party websites. BOLD has no control over these websites and is not responsible for the content of such websites.

Section 15 – Governing law and disputes

1. The agreements between the client and BOLD to which these terms and conditions relate, shall be exclusively governed by Dutch law.
2. Any disputes that might arise for which choice of forum is allowed, will in first instance only be submitted to the competent court in Kortrijk Belgium, unless BOLD prefers to bring the dispute under the attention of the competent judge in the place of residence of the client.

Section 16 – Indemnification by the client

1. The client indemnifies BOLD against all third party claims concerning any damage this third party may have suffered relating to goods and/or packaging delivered by BOLD, regardless of the cause or time of occurrence of the damage.