BUGOLINI® Terms and Conditions

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Consumer Obligations During the Cooling-Off Period
Article 8 – Exercising the Right of Withdrawal and Related Costs
Article 9 – Obligations of BUGOLINI® in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance, Warranty and Conformity
Article 13 – Delivery and Execution
Article 14 – Payment
Article 15 – Complaints Procedure
Article 16 – Disputes
Article 17 – Privacy and Personal Data
Article 18 – Additional or Deviating Provisions
Article 19 – Applicable Law
Article 20 – Legal Entity

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Additional agreement: an agreement under which the consumer obtains products, digital content and/or services in connection with a distance contract, and these products, digital content and/or services are supplied by BUGOLINI® or by a third party based on an arrangement between that third party and BUGOLINI®.

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

Consumer: a natural person who does not act for purposes related to their trade, business, craft or profession.

Day: calendar day.

Durable medium: any tool, including email, that enables the consumer or BUGOLINI® to store information addressed personally to them in a way that allows future consultation or use.

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

Entrepreneur: ElectronicWorks B.V., trading under the name BUGOLINI®, which offers products and/or services to consumers at a distance.

Distance contract: an agreement concluded between BUGOLINI® and the consumer through an organised distance sales system, such as a webshop.

Model withdrawal form: the European model withdrawal form that the consumer may use to exercise the right of withdrawal.

Article 2 – Identity of the Entrepreneur

The products and services on www.bugolini.com are offered by:

ElectronicWorks B.V.
Trading under the name: BUGOLINI®
Business address: Homerusplein 1, 1363 SZ Almere, The Netherlands
Telephone number: 036-303 13 74
Email address: info@bugolini.com
Website: www.bugolini.com
Chamber of Commerce number: 67973523
VAT identification number Netherlands: NL857248960B01
VAT identification number Belgium: BE0723789650

Article 3 – Applicability

  1. These Terms and Conditions apply to every offer made by BUGOLINI® and to every distance contract concluded between BUGOLINI® and the consumer.
  2. Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer.
  3. If the agreement is concluded electronically, these Terms and Conditions will be made available electronically in a way that allows the consumer to store them easily.
  4. If specific product terms also apply in addition to these Terms and Conditions, the consumer may rely on the provision that is most favourable to them in the event of conflicting provisions.

Article 4 – The Offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be clearly stated.
  2. The offer contains a complete and accurate description of the products and/or services offered.
  3. Images are intended to provide the most accurate possible representation of the products offered. Minor differences in colour, packaging, content or version may occur, provided that they do not affect the essential characteristics of the product.
  4. Obvious mistakes or obvious errors in the offer are not binding on BUGOLINI®.
  5. Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to the purchase.

Article 5 – The Agreement

  1. The agreement is concluded when the consumer accepts the offer and meets the applicable conditions.
  2. If the consumer accepts the offer electronically, BUGOLINI® will confirm receipt of the order electronically.
  3. BUGOLINI® takes appropriate technical and organisational measures to secure electronic data transfer and provides a secure online environment.
  4. BUGOLINI® may, within legal limits, verify whether the consumer can meet their payment obligations.
  5. If BUGOLINI® has valid reasons not to accept an order, BUGOLINI® may refuse the order with reasons or attach special conditions to its execution.

Article 6 – Right of Withdrawal

  1. The consumer may withdraw from an agreement relating to the purchase of a product within a cooling-off period of 14 days without giving reasons.
  2. BUGOLINI® may ask the consumer for the reason for withdrawal, but the consumer is not required to provide a reason.
  3. The cooling-off period starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product.
  4. If the consumer has ordered multiple products in one order, the cooling-off period starts on the day on which the consumer has received the final product.
  5. If delivery consists of several shipments or parts, the cooling-off period starts on the day on which the consumer has received the final shipment or part.
  6. The right of withdrawal does not apply to products that fall under a statutory exception, such as certain sealed hygiene products where the seal has been broken after delivery.

Article 7 – Consumer Obligations During the Cooling-Off Period

  1. During the cooling-off period, the consumer must handle the product and packaging with care.
  2. The consumer may only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product.
  3. The basic principle is that the consumer may only inspect and assess the product as they would be allowed to do in a physical store.
  4. The consumer is liable for any reduction in value of the product resulting from use that goes beyond what is permitted.
  5. For sealed hygiene products, breaking the seal may affect the right of withdrawal, as described in Article 10.

Article 8 – Exercising the Right of Withdrawal and Related Costs

  1. If the consumer exercises the right of withdrawal, they must notify BUGOLINI® within the cooling-off period using the model withdrawal form or another clear statement.
  2. After notifying BUGOLINI® of the withdrawal, the consumer must return the product as soon as possible, but no later than 14 days from the day after the withdrawal notice.
  3. The consumer has met the return deadline if the product is sent back before the 14-day period has expired.
  4. The consumer returns the product with all supplied accessories and, where reasonably possible, in its original condition and packaging.
  5. The risk and burden of proof for correct and timely exercise of the right of withdrawal lie with the consumer.
  6. The consumer bears the direct costs of returning the product, unless BUGOLINI® expressly states that it will bear these costs.
  7. If the consumer exercises the right of withdrawal, any additional agreements will be dissolved by operation of law.

Article 9 – Obligations of BUGOLINI® in Case of Withdrawal

  1. BUGOLINI® will send an acknowledgement of receipt as soon as possible after receiving an electronic withdrawal notice.
  2. BUGOLINI® will refund all payments made by the consumer, including any standard delivery costs charged by BUGOLINI® for the returned product.
  3. Refunds will be made no later than 14 days after the day on which the consumer notifies BUGOLINI® of the withdrawal.
  4. BUGOLINI® may wait with the refund until the product has been received or until the consumer has shown proof that the product has been returned, whichever occurs first.
  5. BUGOLINI® will use the same payment method used by the consumer, unless the consumer agrees to another method.
  6. If the consumer chose a more expensive delivery method than the cheapest standard delivery, BUGOLINI® does not have to refund the additional costs of that more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

BUGOLINI® may exclude the following products and services from the right of withdrawal, but only where this has been clearly stated in the offer or in good time before the agreement is concluded:

  1. Products or services whose price is subject to fluctuations in the financial market beyond BUGOLINI®’s control and which may occur within the withdrawal period.
  2. Products made to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person.
  3. Products that spoil quickly or have a limited shelf life.
  4. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
  5. Products that, after delivery, are by their nature irrevocably mixed with other products.
  6. Newspapers, journals or magazines, except for subscriptions to them.
  7. Service agreements after full performance of the service, but only if performance began with the consumer’s express prior consent and the consumer declared that they would lose their right of withdrawal once BUGOLINI® had fully performed the agreement.
  8. Digital content not supplied on a tangible medium, where performance has begun with the consumer’s express prior consent and the consumer declared that they thereby lose their right of withdrawal.

Additional provision for beauty products, perfume and hygiene products

Sealed products that are not suitable for return for reasons of health protection or hygiene include, but are not limited to:

perfume
eau de parfum
eau de toilette
cosmetics
make-up
lip products
creams
lotions
serums
skincare products
haircare products
bodycare products
care accessories that come into direct contact with the skin, hair or body

When a beauty product, perfume, cosmetic product or care product has been delivered sealed and the consumer breaks the seal after delivery, the right of withdrawal expires. The product can then no longer be returned based on the cooling-off period.

Breaking the seal includes, but is not limited to, opening, removing or damaging a seal, film, protective strip, hygiene closure, sealed cap, cellophane packaging or any other visible seal intended to safeguard hygiene, product safety or unused condition.

This exclusion does not apply if the product is defective, delivered damaged or does not conform to the agreement. In that case, the consumer’s statutory warranty rights remain applicable.

Article 11 – The Price

  1. All prices on www.bugolini.com include VAT, unless stated otherwise.
  2. Any shipping costs, payment costs or other additional costs will be clearly stated before the consumer finalises the order.
  3. During the period of validity stated in the offer, prices will not be increased, except for price changes resulting from statutory regulations or VAT changes.
  4. Obvious pricing errors or input errors are not binding on BUGOLINI®.

Article 12 – Performance, Warranty and Conformity

  1. BUGOLINI® guarantees that the products comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and usability, and applicable legal provisions.
  2. The consumer is entitled to a product that meets what may reasonably be expected of it.
  3. Any commercial warranty provided by BUGOLINI®, a manufacturer, importer or supplier never limits the consumer’s statutory rights.
  4. If a product is defective or does not conform to the agreement, the consumer must report this to BUGOLINI® within a reasonable time after discovery.
  5. Damage caused by incorrect use, normal wear and tear, fall damage, impact damage, water or moisture damage, improper maintenance or modifications made by the consumer is not covered by warranty, unless mandatory law provides otherwise.

Article 13 – Delivery and Execution

  1. BUGOLINI® takes the greatest possible care when receiving and executing orders.
  2. The delivery address is the address provided by the consumer to BUGOLINI®.
  3. BUGOLINI® will execute accepted orders with due speed, but no later than 30 days, unless another delivery period has been agreed.
  4. If delivery is delayed or an order cannot be fulfilled, or can only be partially fulfilled, the consumer will be notified.
  5. In case of dissolution due to non-delivery or late delivery, BUGOLINI® will refund the amount paid by the consumer as soon as possible.
  6. The risk of damage to or loss of products remains with BUGOLINI® until delivery to the consumer or to a representative designated in advance.

Article 14 – Payment

  1. The consumer pays using the payment methods offered during the checkout process.
  2. BUGOLINI® may change the available payment methods.
  3. The consumer must immediately notify BUGOLINI® of any inaccuracies in payment details provided.
  4. If the consumer does not pay on time, BUGOLINI® may notify the consumer of the payment default and give a reasonable period to pay.
  5. After that period has expired, BUGOLINI® may charge statutory interest and reasonable extrajudicial collection costs, to the extent permitted by law.

Article 15 – Complaints Procedure

  1. Complaints about the performance of the agreement must be submitted to BUGOLINI® fully and clearly within a reasonable time after the consumer has discovered the issue.
  2. Complaints may be submitted via info@bugolini.com.
  3. BUGOLINI® will respond to complaints within 14 days of receipt.
  4. If a complaint requires more processing time, the consumer will receive an acknowledgement of receipt within 14 days, including an indication of when a substantive response can be expected.
  5. The consumer must give BUGOLINI® at least four weeks to resolve a complaint by mutual agreement.

Article 16 – Disputes

  1. Agreements between BUGOLINI® and the consumer are governed by Dutch law.
  2. If a complaint cannot be resolved by mutual agreement, the consumer may submit the dispute to the legally competent court.
  3. This provision does not affect mandatory consumer rights that apply in the consumer’s country of residence, insofar as those rights are legally applicable.

Article 17 – Privacy and Personal Data

  1. BUGOLINI® processes personal data in accordance with applicable privacy legislation.
  2. The separate BUGOLINI® privacy statement explains which personal data are processed, for what purposes, on what legal basis, how long data are retained and which rights the consumer has.
  3. The privacy statement can be consulted at www.bugolini.com.
  4. For questions about privacy or personal data, the consumer may contact BUGOLINI® via info@bugolini.com.

Article 18 – Additional or Deviating Provisions

Additional or deviating provisions may not be to the consumer’s detriment unless permitted by law. Such provisions must be recorded in writing or in a way that allows the consumer to store them on a durable medium.

Article 19 – Applicable Law

  1. These Terms and Conditions and all agreements between BUGOLINI® and the consumer are governed by Dutch law.
  2. This choice of law does not affect the protection enjoyed by the consumer under mandatory law in the country where the consumer resides, insofar as such rights are legally applicable.

Article 20 – Legal Entity

The services and products on www.bugolini.com are offered by:

ElectronicWorks B.V.
Trading under the name: BUGOLINI®
Homerusplein 1
1363 SZ Almere
The Netherlands

Chamber of Commerce number: 67973523
VAT identification number Netherlands: NL857248960B01
VAT identification number Belgium: BE0723789650
Email address: info@bugolini.com
Telephone number: 036-303 13 74