Latest version: December 1, 2020
BLOSSOM KIDS GENERAL TERMS AND CONDITIONS OF SALES AND DELIVERY (RETAILERS)
When placing an order with Blossom Kids (Seller), the retailer (Buyer) agrees to those conditions. This order is seen as an agreement and replaces any agreed agreement (verbal or written) between the Seller and the Buyer that relate to the same order.
Blossom Kids may at all times make an adjustment to these General Terms and Conditions. Blossom Kids will then inform the retailer.
Article 1 - Order Conditions
1.1 The minimum total order value to be placed per collection is EUR 2,000. This does not apply to additional orders from the same collection.
1.2 All purchase prices are in euros and exclusive of 21% VAT. All recommended consumer prices are in euros, including 21% VAT.
1.3 All shipping costs, including transport insurance, are borne by the Buyer.
1.4 Blossom Kids has the right to cancel ordered articles due to limitations in the production process. In this case, the Buyer will be informed and given the opportunity to adjust the order.
Article 2 - Prices and Payment Conditions
2.1 The sales prices and purchase prices for retailers are made available by Blossom Kids. Blossom Kids may adjust these prices at any time. Adjustments are communicated to the retailer by Blossom Kids. These price adjustments have no impact on orders already placed.
2.2 For pre-sale orders a deposit of 30% is required, unless otherwise agreed in the order confirmation. As soon as the order is confirmed by Blossom Kids, Blossom Kids will send the down payment invoice. The payment term for the retailer is 10 calendar days.
2.3 The amount of the down payment invoice is equal to the cancellation penalty.
2.4 Payment conditions for existing and new customers:
2.4.1. Existing customers: The remaining percentage (standard 70%) - possibly spread over multiple deliveries - invoiced as soon as items are shipped to Buyer. The payment term for this invoice is 10 calendar days. With this approach, Blossom Kids tries to realize a simultaneous online launch of the collection in order to offer all Buyers equal opportunities online.
2.4.2 New customers: The remaining percentage (standard 70%) must be paid before the goods are delivered. The payment conditions of existing customers apply to each order hereafter.
2.5 As long as Blossom Kids articles have not been paid (the remaining 70%), Blossom Kids remains the owner of the delivered goods and Blossom Kids can reclaim them in the absence of payment.
2.6 In the event of outstanding payments, Blossom Kids reserves the right to hold deliveries until these payments have been made.
Article 3 – Delivery
Delivery takes place at the address specified by the Buyer.
3.1 Blossom Kids will take the greatest possible care when receiving and executing the placed order.
3.2 Blossom Kids is not liable for any damage during or as a result of the delivery on the part of the Buyer or third parties, unless the Buyer demonstrates that the damage is the result of gross negligence, gross negligence or intent on the part of Blossom Kids.
3.3 Claims concerning missing or incorrectly delivered goods, or goods that have a material defect not caused during transport, must be made by Buyer in writing within 10 days of delivery of the goods. If the claim is not made by then, Buyer is deemed to have accepted the goods and cannot make any further claims in relation to those goods.
3.4. Differences between goods, such as (but not limited to) color differences can occur. Such differences that cannot be avoided, are part of the design and / or are considered normal and do not constitute valid grounds for claims.
3.5 If a defect is accepted by Blossom Kids as justified, Blossom Kids has the choice to repair, replace or credit the product.
3.6 The Seller provides a warranty on the products for 3 months after the Buyer has sold the product to an end user, or 6 months after the Seller has delivered it to the Buyer (whichever of the two terms ends earlier). The warranty covers manufacturing defects and reasonable quality claims, but is void if products have been modified, stored or used differently than intended, or if washing instructions are not properly followed. Compensation for defective or missing items will never exceed compensation of the purchase price paid by Buyer to Seller.
Article 4 - Force majeure
4.1 Blossom Kids is not liable if and insofar as its commitments cannot be fulfilled as a result of force majeure.
4.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at the risk of Blossom Kids. Delays or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of Blossom Kids as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment explicitly count as force majeure.
4.3 Blossom Kids reserves the right to suspend its obligations in the event of force majeure and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is Blossom Kids obliged to pay any fine or compensation.
4.4 If Blossom Kids has already partially fulfilled its obligations when the force majeure commences, or can only partially fulfill its obligations, it is entitled to invoice separately for the already delivered or the deliverable part and the customer is obliged to pay this invoice as concerned it's a separate agreement.
Article 5 – Agreement
5.1 An agreement between Blossom Kids and the Buyer is concluded after an order has been assessed by Blossom Kids for feasibility.
5.2. Blossom Kids reserves the right not to accept orders without giving reasons.
Article 6 - Dutch Law and disputes
6.1 If you have any questions or complaints, please contact [email protected] We aim to answer this within 1-3 working days.
6.2 Disputes arising from an agreement between Seller and Buyer, which cannot be resolved by mutual agreement, are exclusively governed by Dutch law. The court of Haarlem has jurisdiction to hear disputes.