Terms and Conditions

  1. Definitions

Bambocks :
Bambocks, a trade name of
Bambocks BV
Kouwenberg 26-A
5431 GZ Cuijk
Chamber of Commerce: 72256990
VAT: NL859049164B01
T: 085 – 04 70 348

Customer : Any natural or legal person to whom Bambocks makes an offer to supply goods or services or contract work, as well as the person with whom an agreement is concluded to supply goods or services.

Agreement : Any agreement with Bambocks for the professional performance of work

  1. Applicability
  2. These terms and conditions apply to all Agreements between Bambocks and the Customer.
  3. The applicability of the general terms and conditions and/or other terms and conditions of the Customer is hereby expressly rejected. Deviating and/or additional terms and conditions of the Customer only apply if and insofar as they have been expressly accepted in writing by Bambocks.
  4. The Customer with whom an Agreement has been concluded under these general terms and conditions accepts the applicability of these general terms and conditions to subsequent agreements between him and Bambocks.
  5. If any provision of these general terms and conditions or the Agreement is not legally valid, the parties will negotiate the content of a new provision, which provision will come as close as possible to the content of the original provision.
  1. Changes to these general terms and conditions
  2. Bambocks has the right to unilaterally change these general terms and conditions. Changes also apply to Agreements already concluded. Changes will take effect one month after announcement by means of a written notification.
  3. If the Customer does not wish to accept the change, he or she has the right to terminate the Agreement in writing until the changes come into effect on the date on which the changed conditions take effect. After the time of entry into force, the Customer is deemed to have – tacitly – accepted the changes.
  1. Quotations
  2. All offers (quotes) from Bambocks are completely without obligation.
  3. If an offer (quotation) from Bambocks is accepted by the Customer in writing or electronically, Bambocks has the right to revoke the offer or quotation within fourteen working days after receipt of the acceptance.
  1. Agreement (duration and termination)
  2. An Agreement with Bambocks is concluded after the Customer has accepted an offer (quote) and it has not been revoked by Bambocks. Bambocks reserves the right to refuse orders and, if an order has already been accepted, to refuse or limit it if it appears to be in conflict with applicable legislation.
  3. In cases as mentioned in this article, Bambocks does not consider itself liable for any damage incurred by or towards the Customer or third parties. Any additional or amended agreements or commitments made by staff or representatives of Bambocks through contract after the conclusion of the Agreement will only bind Bambocks if these agreements/commitments have been confirmed in writing by legally authorized representatives of Bambocks.
  4. Bambocks is entitled to contract necessary third parties for the proper execution of the work awarded to it. Bambocks must inform the Customer as soon as possible of the involvement of third parties. Bambocks is entitled to pass on the costs of engaging these third parties to the Customer in accordance with the quotation provided by Bambocks for this purpose.
  5. Agreements to provide services end, taking into account the other provisions of these General Terms and Conditions, at the time indicated in the Agreement.
  1. Prices/rates
  2. All prices and rates in quotations include sales tax (VAT), unless stated otherwise.
  3. If prices and rates of price-determining factors, such as wages, materials, currency exchanges, undergo an increase, for whatever reason, Bambocks is entitled to increase the price or rate accordingly.
  4. If work not included in the original assignment or order confirmation is carried out at the request of, or in consultation with, the Customer, the resulting costs will be charged by Bambocks at the prices or rates applicable at that time.
  1. Delivery
  2. Delivery times specified by Bambocks will never be regarded as a deadline. In the event of late delivery, Bambocks must be given notice of default in writing or electronically, whereby Bambocks must be offered a reasonable period for delivery.
  3. Bambocks is entitled to postpone new deliveries until the Customer has fulfilled all his outstanding payment obligations to Bambocks and the Customer has been informed of the outstanding payment obligations.
  1. Decrease
  2. The Customer is obliged to cooperate in the delivery and to accept the delivered goods. If the Customer fails to purchase the delivered goods, Bambocks reserves the right to pass on any associated costs (including - but not limited to - any costs of transport and storage) to the Customer.
  3. Purchase is deemed to have been refused if the ordered services/goods have been offered for delivery but delivery has proven impossible. The day on which purchase is refused counts as the day of delivery.
  1. Payment
  2. Payment must be made within 14 days after the invoice date, failing which the Customer will be in default by operation of law without any notice of default being required.
  3. The value date stated on Bambocks' bank statements is decisive and is regarded as the day of payment.
  4. The Customer is not entitled to set off what Bambocks has to claim from him against what he believes he has to claim against Bambocks.
  5. From the moment the Customer is in default until the day of full payment, he owes Bambocks a default interest of 1.5% per month.
  6. All costs of collection of amounts owed by the Customer, judicial and extrajudicial, are borne by the Customer. The amount of the extrajudicial collection costs owed to Bambocks is set at 15%.
  7. Payments from the Customer to Bambocks will always be deemed to serve to settle the outstanding invoices, including the interest and/or costs owed.
  1. Security and suspension

Bambocks is always entitled to ask the Customer to provide sufficient security for the fulfillment of his payment obligation and to suspend further execution of the Agreement until the requested security has been provided.

Right of withdrawal

You have the right to withdraw from the contract within 14 days without giving reasons. The withdrawal period expires 14 days after the day on which you or a third party designated by you, who is not the carrier, acquires physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Bambocks BV, support@bambocks.nl) of your decision to withdraw from the contract by an unequivocal statement (e.g. by e-mail). To comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of the revocation

If you revoke the agreement, you will receive all payments you have made up to that time, including delivery costs (with the exception of any additional costs resulting from your choice of a different method of delivery than the cheapest standard delivery offered by us) without delay and in any case, no later than 14 days after we have been informed of your decision to withdraw from the contract. We will refund you using the same payment method you used for the original transaction, unless you have expressly agreed otherwise; in any case, you will not be charged any fees for such reimbursement.
We may wait with reimbursement until we have received the goods back or you have demonstrated that you have returned the goods, whichever comes first.
You must return or hand over the goods to us without delay, but in any case no later than 14 days after the day on which you communicate your decision to withdraw from the contract to us. You are on time if you return the goods before the period of 14 days has expired.
The direct costs of the return are at your expense.
You are only liable for any diminished value of the goods resulting from use of the goods that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Excluded from the right of withdrawal is a consumer purchase that concerns the delivery of:
– products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
– products that spoil quickly or have a limited shelf life;
– products that are not suitable for return for reasons of health protection or hygiene and for which the seal has been broken after delivery;
– products that are irrevocably mixed with other items after delivery due to their nature;
– audio and video recordings and computer software of which the seal has been broken after delivery;
– newspapers, periodicals or magazines, with the exception of an agreement for the regular delivery of such publications (a subscription);

  1. Advertisements
  2. Bambocks strives for an advertising policy that is as customer-friendly as possible.
  3. Objections to an (order) confirmation must be notified to Bambocks in writing (no later than 24 hours) before the execution of the Agreement.
  4. If and insofar as the complaint is found to be justified by Bambocks, Bambocks can repair the defect or deduct the costs for this from the next invoice.
  5. Complaints submitted in the last 10 days of a calendar month that are found to be justified can be settled in the following month.
  6. Complaints do not release the Customer from his payment obligations towards Bambocks.
  7. Complaints regarding invoices/statements sent by Bambocks will be processed by Bambocks within fourteen days after an overview of consumption has been sent by Bambocks to the Customer or within fourteen days after the invoice date of the relevant invoice date.
  8. Any complaints can also be submitted via https://www.eccnederland.nl/nl/online-dispute-resolution-odr
  1. Dissolution

Bambocks and the Customer have the right to unilaterally terminate this Agreement at any time without notice and without giving reasons, unless the Agreement provides otherwise. The Agreement can only be terminated in writing or electronically.

  1. Intellectual property rights
  2. All intellectual property rights to the delivered goods rest with Bambocks. The Customer is therefore not permitted to use Bambocks' works, which are protected by these rights, without Bambocks' permission, other than in the context of normal use provided for in the Agreement. For this normal use, Bambocks grants the Customer a non-exclusive, non-transferable license, under the conditions set out in the Agreement and these General Terms and Conditions. This license is not (also) granted to companies or institutions affiliated with the Customer unless otherwise agreed in writing.
  3. The Customer is not permitted to remove or change any indication regarding the confidential nature or regarding copyrights, trademarks, trade names or other intellectual or industrial property rights from the software, website, data files, equipment or materials of Bambocks.
  4. If and insofar as the delivered goods result in Bambocks using the intellectual property of the Customer or third parties, the intellectual property rights remain with the Customer or this third party. The Customer grants Bambocks permission to use the works to which the intellectual property rights rest for the execution of the Agreement. If the parties wish to use the intellectual property of a third party, who is not a party to the Agreement, in the performance of an Agreement, the party that proposes the use of those works will ensure the consent of that third party. .
  5. If the Customer infringes the intellectual property rights of Bambocks and/or third parties, the Customer is liable for all resulting damage.
  6. The Customer indemnifies Bambocks against any liability due to (alleged) infringement of those rights. In appropriate cases, Bambocks has the right to suspend delivery to the Customer until clarity has been obtained about the alleged infringement.
  1. Prohibition on transfer

The rights and obligations arising from the Agreement may not be transferred by the Customer to third parties.

  1. Force majeur

Neither Bambocks nor the Customer is obliged to fulfill any obligation if he is prevented from doing so as a result of force majeure. Force majeure also includes disruptions in telecommunications connections (including the Internet), failure of the power supply, disruptions in Bambocks' equipment, failure to properly fulfill obligations of suppliers prescribed by the Customer to Bambocks, as well as defects in goods, materials. , third-party software, the use of which has been prescribed to Bambocks by the Customer.

  1. Liability
  2. Bambocks is not liable for damage suffered by the Customer, of whatever nature, arising in connection with the delivered goods, unless that damage is caused by intent or gross negligence on the part of Bambocks. Intentional or gross negligence does not in any case include damage suffered by the Customer or a third party as a result of inaccuracy or incompleteness of the information contained in the delivered information.
  3. The Customer is aware of the limitations and risks of using the Internet or any other medium through which the delivered goods are made available now and in the future. He is also familiar with the risks of digitally storing and transferring information, including data loss. The Customer accepts that Bambocks is not liable for any damage resulting from the risks described above.
  4. Damage that, in the opinion of the Customer, is the result of intent or gross negligence on the part of Bambocks, must be reported to Bambocks in writing as soon as possible, but no later than thirty (30) days after its occurrence. Damage that is not notified to Bambocks within this period will only be eligible for compensation if the Customer has made it plausible that he was unable to report the damage earlier.
  5. If and insofar as Bambocks is liable due to an attributable shortcoming in the performance of the Agreement, this liability is limited to compensation for direct damage up to a maximum of the amount of the price stipulated for that Agreement (excl. VAT) for the duration of one calendar year. However, under no circumstances will the total compensation for direct damage exceed EUR 500.
  6. Any liability of Bambocks for business damage or other indirect damage, including lost profits, missed savings, loss of data, time invested by the Customer or costs of third parties engaged without the prior written permission of Bambocks, is expressly excluded.
  1. Applicable law and competent court
  2. Dutch law applies to the Agreement.
  3. The Breda District Court, to the exclusion of other judges, has jurisdiction to rule on disputes arising from the Agreement.

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