Terms & Conditions

If you have any questions after reading these Terms and Conditions, please contact us at support@getbamboos.com.

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise the right of withdrawal.

Consumer: a natural person who is not acting in the course of a trade, business or profession and who enters into a distance contract with the company.

Day: calendar day.

Long-term transaction: a distance contract relating to a series of products and/or services whose delivery and/or purchase obligations are spread over time.

Durable data carrier: any device that enables the consumer or the company to store information addressed personally to them, in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

Company: the natural or legal person who offers products and/or services to consumers by distance.

Distance contract: an agreement concluded within the framework of a system organized by the company for distance selling of products and/or services, where up to and including the moment of contract conclusion, exclusive use is made of one or more means of distance communication.

Means of distance communication: a method that can be used for concluding a contract without the consumer and the company being simultaneously present in the same place.

Terms and Conditions: these Terms and Conditions of the company.

Article 2 – Identity of the Company

Email: support@getbamboos.com
Company name / Trade name: Bamboos
Address: Bloemsingel 198, 9712KZ Groningen, Netherlands
Chamber of Commerce (KvK): 90325419

Article 3 – Applicability

  1. These Terms and Conditions apply to every offer of the company and to every distance contract and order concluded between the company and the consumer.

  2. Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the company will, before the contract is concluded, indicate how the Terms and Conditions can be inspected and that they will be sent free of charge as soon as possible at the consumer’s request.

  3. If the distance contract is concluded electronically, the text of these Terms and Conditions may be supplied electronically in such a way that the consumer can store it easily on a durable data carrier. If this is not reasonably possible, the company will indicate where the Terms and Conditions can be viewed electronically and that they will be provided free of charge electronically or otherwise at the consumer’s request.

  4. Where, in addition to these Terms and Conditions, specific product or service conditions apply, paragraphs 2 and 3 apply accordingly, and in the event of conflicting conditions the consumer may rely on the provision that is most favorable to them.

  5. If one or more provisions of these Terms and Conditions are at any time wholly or partially null and void or annulled, the contract and these Terms and Conditions will otherwise remain in force, and the relevant provision will be replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.

  6. Ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions must be interpreted “in the spirit” of these Terms and Conditions.

Article 4 – The Offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated.

  2. The offer is non-binding. The company is entitled to change and adjust the offer.

  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the company uses images, these are a truthful representation of the products and/or services. Obvious mistakes or errors in the offer do not bind the company.

  4. All images and technical data in the offer are indicative and cannot lead to compensation or dissolution of the contract. Product photos aim to truthfully represent the products, but the company cannot guarantee that displayed colors exactly match the actual colors of the products.

  5. Every offer contains information making it clear to the consumer what rights and obligations are attached to acceptance of the offer, including in particular:

    • the price, excluding customs clearance costs and import VAT. These additional costs are at the customer’s expense and risk. Postal and/or courier services may apply the special scheme for postal and courier services when importing into the EU destination country. The postal and/or courier service collects the VAT (possibly together with clearance costs) from the recipient;

    • any shipping costs;

    • the manner in which the contract will be concluded and which steps are required;

    • whether or not the right of withdrawal applies;

    • the method of payment, delivery and performance of the contract;

    • the period for accepting the offer or the period within which the company guarantees the price;

    • the rate for distance communication if it is calculated on a basis other than the basic rate;

    • whether the contract will be archived after conclusion and, if so, how it can be consulted by the consumer;

    • the way the consumer can check and, if necessary, correct the data provided in the context of the contract before concluding it;

    • the languages in which the contract may be concluded;

    • any codes of conduct to which the company is subject and how the consumer can consult these codes electronically; and

    • the minimum duration of a distance contract in the event of a long-term transaction; optional: available sizes, colors, material types.

Article 5 – The Agreement

  1. Subject to paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the associated conditions.

  2. If the consumer has accepted the offer electronically, the company will promptly confirm receipt of acceptance electronically. As long as receipt has not been confirmed, the consumer may dissolve the contract.

  3. If the contract is concluded electronically, the company will take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the company will observe appropriate security measures.

  4. The company may, within the legal framework, inquire whether the consumer can meet payment obligations, as well as all facts and factors important for a responsible conclusion of the distance contract. If, based on this investigation, the company has good grounds not to conclude the contract, it is entitled to refuse an order or application, stating reasons, or to attach special conditions to execution.

  5. The company will provide the following information to the consumer in writing or in another durable form accessible to the consumer with the product or service:

    • the visit address of the company’s place of business to which the consumer can address complaints;

    • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

    • information on warranties and existing after-sales service;

    • the information referred to in Article 4(5), unless the company has already provided this information before contract conclusion; and

    • the conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.

  6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

  7. Every contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

  1. When purchasing products, the consumer has the right to dissolve the contract without giving reasons within 30 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, receives the product.

  2. During the cooling-off period the consumer shall handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. If exercising the right of withdrawal, the consumer will return the product with all supplied accessories, and—if reasonably possible—in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the company.

  3. If the consumer wishes to exercise the right of withdrawal, the consumer must notify the company within 30 days of receiving the product. The consumer must do so in writing/by email. After notification, the consumer must return the product within 30 days. The consumer must be able to prove that the goods were returned on time, for example by proof of shipment.

  4. If the consumer has not indicated within the periods referred to in paragraphs 2 and 3 that they wish to exercise the right of withdrawal and/or has not returned the product to the company, the right of withdrawal may lapse.

Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises the right of withdrawal, the cost of returning the products is borne by the consumer.

  2. If the consumer has paid an amount, the company will refund this amount as soon as possible and no later than 30 days after cancellation, provided the product has already been received back by the company or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

  1. The company may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3, only if the company clearly stated this in the offer at least prior to contract conclusion.

  2. Exclusion of the right of withdrawal is only possible for products:

    1. made to the consumer’s specifications;

    2. that are clearly of a personal nature;

    3. that by their nature cannot be returned;

    4. that can spoil or age rapidly;

    5. whose price depends on fluctuations in the financial market over which the company has no influence;

    6. single issues of newspapers and magazines;

    7. audio and video recordings and computer software of which the consumer has broken the seal;

    8. hygiene products where the seal has been broken by the consumer.

  3. Exclusion of the right of withdrawal is only possible for services:

    • relating to accommodation, transport, restaurant or leisure activities to be carried out on a specific date or during a specific period;

    • whose performance has begun with the consumer’s explicit consent before the cooling-off period has expired;

    • relating to betting and lotteries.

Article 9 – Price

  1. During the period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

  2. Notwithstanding paragraph 1, the company may offer products or services whose prices are subject to fluctuations in the financial market and which the company cannot influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are guide prices will be stated in the offer.

  3. Price increases within 3 months after contract conclusion are only permitted if they result from statutory regulations or provisions.

  4. Price increases from 3 months after contract conclusion are only permitted if the company has stipulated this and:

    1. they result from statutory regulations or provisions; or

    2. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

  5. The ordered product is imported by the postal operator in the consumer’s name. The postal service then charges the import VAT and/or clearance fees to the customer. Therefore, no VAT is charged by the company.

  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of such errors, the company is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

  1. The company guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and statutory provisions and/or government regulations existing on the date of contract conclusion. If agreed, the company also guarantees that the product is suitable for use other than normal use.

  2. Any warranty offered by the company, manufacturer or importer does not affect the statutory rights and claims the consumer may assert against the company under the contract.

  3. Any defects or incorrectly delivered products must be reported to the company in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.

  4. The warranty period provided by the company corresponds to the manufacturer’s warranty period. The company is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for advice regarding the use or application of the products.

  5. The warranty does not apply if:

    • the consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties;

    • the delivered products were exposed to abnormal conditions, otherwise treated carelessly or contrary to the instructions of the company and/or on the packaging;

    • the defect is wholly or partly the result of regulations that have been or will be issued by authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

  1. The company will take the greatest possible care when receiving and executing product orders.

  2. The place of delivery is the address that the consumer has provided to the company.

  3. Subject to what is stated in Article 4, the company will execute accepted orders promptly and at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be notified no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation where applicable.

  4. In the event of dissolution in accordance with the preceding paragraph, the company will refund the amount paid by the consumer as soon as possible and at the latest within 30 days after dissolution.

  5. If delivery of an ordered product proves impossible, the company will make an effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. Any return costs are borne by the company.

  6. The risk of damage and/or loss of products rests with the company until the moment of delivery to the consumer or a representative designated in advance and made known to the company, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination and Renewal

Termination

  1. The consumer may terminate an open-ended contract that was concluded for the regular delivery of products (including electricity) or services at any time subject to a notice period of no more than one month.

  2. The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

  3. The consumer may terminate the contracts referred to in the preceding paragraphs:

    • at any time and not limited to termination at a specific time or in a specific period;

    • in the same manner as they were entered into;

    • with the same notice period that the company has stipulated for itself.

Renewal
4. A fixed-term contract for the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.
5. Notwithstanding paragraph 4, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
6. A fixed-term contract for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract concerns the regular but less than monthly delivery of daily or weekly newspapers and magazines.
7. A trial or introductory subscription for the regular delivery of daily or weekly newspapers and magazines is not tacitly continued and ends automatically at the end of the trial or introductory period.

Term
8. If a contract has a duration of more than one year, the consumer may terminate the contract after one year at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6(1). This period begins after the consumer has received the contract confirmation.

  2. The consumer is obliged to report inaccuracies in provided or stated payment details to the company without delay.

  3. In case of non-payment by the consumer, and subject to legal limitations, the company may charge the consumer reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

  1. Complaints about the execution of the contract must be submitted to the company within 7 days after the consumer has discovered the defects, fully and clearly described.

  2. Complaints submitted to the company will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the company will reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

  3. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution procedures.

  4. A complaint does not suspend the company’s obligations unless the company indicates otherwise in writing.

  5. If a complaint is found to be justified by the company, the company will, at its option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the company and the consumer to which these Terms and Conditions relate are governed exclusively by the law of the Netherlands, even if the consumer lives abroad.