AGB

 

INTRODUCTION - WELCOME & OVERVIEW OF SERVICES
ARTICLE 1 - DEFINITIONS
ARTICLE 2 - IDENTITY & CONTACT INFORMATION
ARTICLE 3 - APPLICABILITY, ACCESS, AND ACCOUNT
ARTICLE 4 - THE OFFER & OUR PRODUCTS
ARTICLE 5 - THE CONTRACT & ORDERS
ARTICLE 6 - PRICES AND BILLING
ARTICLE 7 - PAYMENT
ARTICLE 8 - DELIVERY AND SHIPPING
ARTICLE 9 - RIGHT OF WITHDRAWAL & RETURNS
ARTICLE 10 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
ARTICLE 11 - CONFORMITY AND WARRANTY
ARTICLE 12 - DURATION TRANSACTIONS
ARTICLE 13 - INTELLECTUAL PROPERTY
ARTICLE 14 - OPTIONAL TOOLS & THIRD-PARTY LINKS
ARTICLE 15 - RELATIONSHIP WITH SHOPIFY
ARTICLE 16 - USER FEEDBACK AND SUBMISSIONS
ARTICLE 17 - ERRORS, INACCURACIES, AND OMISSIONS
ARTICLE 18 - PROHIBITED USES
ARTICLE 19 - DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
ARTICLE 20 - INDEMNIFICATION
ARTICLE 21 - TERMINATION
ARTICLE 22- COMPLAINTS PROCEDURE
ARTICLE 23 - DISPUTES & GOVERNING LAW
ARTICLE 24 - SEVERABILITY, WAIVER, AND ENTIRE AGREEMENT
ARTICLE 25 - ASSIGNMENT
ARTICLE 26 - ADDITIONAL PROVISIONS & CHANGES TO TERMS
ARTICLE 27 - PRIVACY POLICY

 

INTRODUCTION

Welcome to BLYND! The terms “we”, “us” and “our” refer to BLYND. BLYND operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). BLYND is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you should not use or access our Services.

 

ARTICLE 1 - DEFINITIONS In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer may exercise their right of withdrawal;

  • Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

  • Day: Calendar day;

  • Long-term transaction: A distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time;

  • Durable medium: Any means that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;

  • Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period;

  • Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely;

  • Distance contract: A contract where, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the moment of concluding the contract, only one or more means of remote communication are used;

  • Means of remote communication: A method that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.

 

ARTICLE 2 - IDENTITY & CONTACT INFORMATION BLYND 

Chamber of Commerce: 98872745
VAT number: NL005360089B88
Email: support@getblynd.com

 

ARTICLE 3 - APPLICABILITY, ACCESS, AND ACCOUNT

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. In the event of conflicting terms, the consumer can always invoke the applicable provision that is most favorable to them.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services. You represent and warrant that all the information you provide is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials and for all your account activity. You may not transfer, sell, assign, or license your account to any other person.

 

ARTICLE 4 - THE OFFER & OUR PRODUCTS

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated. The offer contains a complete and accurate description of the offered products and/or services, including the price (inclusive of taxes), delivery costs, and whether the right of withdrawal applies. Obvious errors or mistakes in the offer are not binding on the entrepreneur.

We have made every effort to provide an accurate representation of our products. However, please note that colors or product appearance may differ from how they appear on your screen due to device settings. All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person or geographic region.

 

ARTICLE 5 - THE CONTRACT & ORDERS

The contract is concluded at the moment the consumer accepts the offer and meets the associated conditions. If accepted electronically, the entrepreneur will immediately confirm receipt. As long as this acceptance has not been confirmed, the consumer can dissolve the contract. The entrepreneur will take appropriate technical and organizational measures to secure electronic data transfer and safe payments.

When you place an order, you are making an offer to purchase. BLYND reserves the right to accept or decline your order for any reason. We must receive and process your payment before your order is accepted. The entrepreneur may investigate if the consumer can meet their payment obligations; if there are good reasons not to enter into the contract, we may refuse an order. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

 

ARTICLE 6 - PRICES AND BILLING

Prices mentioned in the offer include VAT. During the validity period stated in the offer, prices will not be increased, except for changes in VAT rates. In deviation, products subject to financial market fluctuations over which the entrepreneur has no control may be offered with variable prices.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You represent and warrant that the credit card information you provide is true, correct, and complete, you are authorized to use it, and you will pay charges incurred at the posted prices.

 

ARTICLE 7 - PAYMENT

To the extent that no later agreement has been made, amounts owed must be paid within 14 days of the start of the cooling-off period. General terms may never stipulate an advance payment of more than 50% for consumers. The consumer must report inaccuracies in payment data to the entrepreneur without delay. In case of default, the entrepreneur is entitled to charge reasonable costs made known in advance.

 

ARTICLE 8 - DELIVERY AND SHIPPING

The entrepreneur will take the utmost care in receiving and executing orders. The delivery address is the address the consumer has made known to the company. BLYND will execute accepted orders with due speed, but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or cannot be carried out, the consumer will be informed no later than 30 days after placing the order and has the right to dissolve the contract without cost.

If delivery proves impossible, the entrepreneur will make an effort to provide a replacement item. The cost of any return shipment for a replacement item will be borne by the consumer. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative, unless expressly agreed otherwise. All delivery times are estimates.

 

ARTICLE 9 - RIGHT OF WITHDRAWAL & RETURNS

When purchasing products, the consumer has a cooling-off period of 30 days to dissolve the contract without stating reasons. This 30-day window starts on the day following receipt of the product by the consumer. Within this timeframe, the consumer must notify the entrepreneur of their intent to return the product.

Once the consumer has made the entrepreneur aware of the intent to return, and the entrepreneur has confirmed that the product is valid for return, the consumer has 30 days from the date of that confirmation to return the physical product to the entrepreneur.

During the initial cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. Upon returning the product, they will return it with all delivered accessories and, if reasonably possible, in its original condition and packaging.

If the consumer exercises their right of withdrawal, they (the buyer) will be entirely responsible for the costs of returning the product. The entrepreneur will refund the purchase amount as soon as possible, but no later than 30 days after receiving the returned product.

 

ARTICLE 10 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

Exclusion of the right of withdrawal is only valid if clearly stated before concluding the contract. Exclusion is only possible for products: a. made to the consumer's specifications; b. clearly of a personal nature; c. that cannot be returned due to their nature; d. that spoil or age quickly; e. whose price depends on financial market fluctuations; f. individual newspapers and magazines; g. audio/video recordings and software where the seal is broken.

 

ARTICLE 11 - CONFORMITY AND WARRANTY

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and usability, and the legal provisions and/or government regulations existing on the date of conclusion of the contract. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the rights and claims the consumer can assert against the entrepreneur under the law.

 

ARTICLE 12 - DURATION TRANSACTIONS

The consumer may terminate an open-ended contract at any time, subject to a maximum notice period of one month. Fixed-term contracts for regular delivery of products may not be tacitly extended for a fixed period (except up to three months for daily/weekly news, if terminable with one month's notice). Tacit renewal for an indefinite period is only permitted if the consumer can terminate at any time with up to one month's notice.

 

ARTICLE 13 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, text, images, and designs, are owned by BLYND, Shopify, or their licensors and are protected by intellectual property laws. Without prior written permission, it is not permitted to publish, reproduce, store, or offer for sale the website, parts of the website, products displayed, or materials in any form. You may use the Services for personal, non-commercial use only.

 

ARTICLE 14 - OPTIONAL TOOLS & THIRD-PARTY LINKS

We may provide access to third-party tools or links to third-party websites over which we have no control. We provide access "as is" and are not liable for any harm or damages related to your use of third-party tools or websites. Complaints or questions regarding third-party products should be directed to the third party.

 

ARTICLE 15 - RELATIONSHIP WITH SHOPIFY

BLYND is powered by Shopify, which enables us to provide the Services. However, any sales and purchases are made directly with BLYND. Shopify is not responsible for any aspect of sales between you and BLYND. You expressly release Shopify from all claims or liabilities arising from your transactions with BLYND.

 

ARTICLE 16 - USER FEEDBACK AND SUBMISSIONS

If you submit ideas, feedback, reviews, or proposals ("Feedback"), you grant us a perpetual, royalty-free license to use, reproduce, and publish such Feedback. We are under no obligation to maintain Feedback in confidence or pay compensation. You agree your Feedback will not violate third-party rights, be unlawful or abusive, or contain malware.

 

ARTICLE 17 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information that contains typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, shipping, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

 

ARTICLE 18 - PROHIBITED USES

You may not use the Services: (a) for any unlawful purpose; (b) to violate laws or regulations; (c) to infringe upon intellectual property rights; (d) to harass, abuse, or harm others; (e) to transmit false information; (f) to upload viruses or malicious code; (g) to spam or scrape; or (h) to interfere with the security of the Services. We reserve the right to terminate your use for violating prohibited uses.

 

ARTICLE 19 - DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Subject to Article 11 (Conformity and Warranty) and applicable consumer protection laws: The Services and website functionality are provided 'as is' and 'as available' without guarantees that your use will be uninterrupted, secure, or error-free. To the fullest extent provided by law, BLYND and its affiliates shall not be liable for any indirect, incidental, punitive, or consequential damages, including lost profits or data, arising from your use of the Services or website.

 

ARTICLE 20 - INDEMNIFICATION

You agree to indemnify and hold harmless BLYND, Shopify, and our affiliates from any claims, including reasonable attorneys’ fees, made by any third party due to your breach of these Terms or your violation of any law or the rights of a third party.

 

ARTICLE 21 - TERMINATION

We may terminate this agreement or your access to the Services at any time without notice for violations of these Terms. Sections regarding Intellectual Property, Liability, Indemnification, Disputes, and Governing Law shall survive termination.

 

ARTICLE 22 - COMPLAINTS PROCEDURE

The entrepreneur handles complaints according to a publicized procedure. Complaints must be fully and clearly described and submitted within a reasonable time. Complaints will be answered within 14 days from receipt. If more time is needed, the consumer will be notified within 14 days. The consumer must allow 4 weeks to resolve the complaint in mutual consultation before it becomes a dispute.

 

ARTICLE 23 - DISPUTES & GOVERNING LAW

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate, and any separate agreements whereby we provide you Services, are exclusively governed by and construed in accordance with Dutch law.

 

ARTICLE 24 - SEVERABILITY, WAIVER, AND ENTIRE AGREEMENT

If any provision of these Terms is determined to be unlawful or unenforceable, the unenforceable portion shall be deemed severed, and the remaining provisions shall remain fully enforceable. Our failure to enforce any right or provision shall not constitute a waiver. These Terms constitute the entire agreement between you and us, superseding any prior agreements.

 

ARTICLE 25 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights without our prior written consent. We may transfer, assign, or delegate these Terms without consent or notice to you.

 

ARTICLE 26 - ADDITIONAL PROVISIONS & CHANGES TO TERMS

Additional or deviating provisions from these general terms may not be to the consumer's disadvantage and must be recorded in writing. We reserve the right to update or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically. Continued use following changes constitutes acceptance.

 

ARTICLE 27 - PRIVACY POLICY

Personal information collected through the Services is processed to fulfill your order and optimize your shopping experience. Because the Services are hosted by Shopify, your information is transmitted to and shared with Shopify (and relevant third-party partners) to provide and improve the Services. By using the Services, you acknowledge the processing of your data in accordance with applicable data protection laws.