TERMS AND CONDITIONS
1. In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.
2. Provider: the natural person who does not act in the exercise of a profession or business and who offers exclusive sneakers to Buyers via the Website.
3. Offer: the offer from a Provider to a Buyer.
4. Services: making the Website www.bogess.nl available to Buyers and facilitating the formation of an agreement between Buyer and Provider.
5. Buyer: the natural person who is not acting in the exercise of a profession or business and who uses the Website.
6. Bogess: the service provider that makes the use of the Website available to a Buyer and a Provider.
7. Website: the Bogess Website with which the Buyer can use the Bogess Services offered and buy exclusive sneakers from the Provider: www.bogess.nl.
2. It is not possible to deviate from these general terms and conditions.
3. Bogess handles the (personal) data of the Buyer with care. Processing of personal data will only take place in the context of the performance of Bogess Services. Bogess will not process the personal data for any other purpose and will never keep it longer than necessary. More information can be found in Bogess's Privacy statement.
4. The Bogess Website is in principle not accessible to minors, unless the minor (aged 16 years or older) can demonstrate that she has written permission from a parent and / or legal guardian showing that the minor may independently perform the act in question. , unless the act in question is customary to perform in society without written permission
5. The Buyer must create an account before the Buyer can purchase exclusive sneakers from a Provider.
6. By purchasing exclusive sneakers, the Buyer immediately enters into an agreement with the Provider in order to purchase the exclusive sneakers as chosen by the Buyer. Unless otherwise agreed with the relevant Provider, the Buyer is bound by the purchase and the Buyer is not entitled to a refund of money already paid.
7. As the provider of the Website, Bogess is not a contracting party to the agreement that can be concluded between the Buyer and the Provider.
1. The Offer of the Provider (s) will be published by Bogess on the Website, based on the information provided by the Provider. Bogess has a supervisory function over the content of the Offer and / or the information about the exclusive sneakers, but is never liable for (incorrect) content of the Offer and / or information about the exclusive sneakers on the Website.
2. Bogess applies strict requirements for the Provider before its Offer becomes visible on the Website. Bogess will exercise due care in the verification of the exclusive sneakers, but Bogess does not guarantee that the sneakers are authentic. The exclusive sneakers that Bogess sells through its Website are provided with a token. The Buyer is prohibited from removing the token.
3. With regard to comparing prices of exclusive sneakers, Bogess informs Buyer that Buyer will be referred to third party websites and that Bogess will only assist Buyer in finding exclusive sneakers for the price and specifications desired by Buyer. Bogess is also not a party to the agreement concluded between the Buyer and a third party.
4. The Buyer is aware of the content of the Offer as well as his rights and obligations associated with accepting the Offer by paying for the exclusive sneakers of the Offeror.
1. The Buyer is prohibited from copying and / or otherwise reproducing, disclosing or modifying the (content) of the Website without the prior written consent of Bogess.
2. The Buyer is expressly prohibited from infringing Bogess's intellectual property rights, as well as Bogess's reputation. All intellectual property rights and copyrights of the Website, including the graphic designs, ideas and the like with regard to the Website, remain exclusively with Bogess and are expressly not transferred to the Buyer.
3. The Buyer shall ensure that all data, of which Bogess indicates that it is necessary or of which the Buyer should reasonably understand that it is necessary for the access and / or use of the Website.
4. Bogess is not liable for damage, of whatever nature, that has arisen because Bogess relied on incorrect and / or incomplete information provided by the Buyer, unless this inaccuracy or incompleteness was known to Bogess.
5. The Buyer is at all times responsible for all data and information that he places on the Website or in his account. If the Buyer suspects that the information provided by him is incorrect or incomplete, the Buyer will immediately inform Bogess and still provide the correct information. The buyer must keep his data up-to-date and can adjust his data in his own account.
6. Bogess is entitled to change (parts of the) Website, as well as its Services. The buyer will be informed of any changes in good time.
7. The buyer is obliged to respect all technical protections and other facilities of the Bogess Website, as well as the intellectual property rights resting thereon.
8. Buyer has an independent responsibility for the use of the Website. The Buyer is obliged to adhere to the following rules at all times during the use of the Website. Buyer must refrain from:
Publishing and disseminating data via the Bogess Website, in violation of Dutch laws and regulations, which in any case includes: data without the permission of the copyright holder, defamatory information, or information that offends, discriminates, threatens, is racist from nature, hateful, and information that contains child or otherwise punishable pornography. Also information that violates the privacy of third parties (including stalking), as well as torrents, viruses, spam, backlinks and hyperlinks (referring to such information on Third Party Websites), loans, lotteries and / or gambling (gambling), drugs as well as all other types content that can harm the internet or e-mail traffic of third parties.
Starting up and / or downloading, whether or not via the Website itself, of processes or programs of which the Buyer is aware, should be aware or can reasonably suspect that this will hinder or cause damage to Bogess or third parties.
9. Bogess is not liable for damage caused by complications related to the availability or operation of information from third parties, as well as damage resulting from use of the Website in violation of conditions or purposes other than those for which the Website is intended.
1. In the event of (possible) punishable acts, Bogess is entitled to report this and to hand over the information provided by the Buyer to the competent authorities, as well as to perform all actions that are required of her in the context of the investigation. Bogess has the right to deny the Buyer access to the Website and / or to terminate the use of the Website.
2. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is at the expense and risk of the Buyer.
3. The Buyer is responsible for the correct security of the (mobile) device on which he uses the Website, as well as for securing and keeping his / her own login details confidential.
4. If and insofar as there is an infringement of the rights of Bogess or third parties and / or unlawful acts by the Buyer, Bogess is also entitled to delete the account of the Buyer or to impose restrictions on the use of the account in any other way. from Copper. Bogess will immediately remove any infringing / harmful information. In no event is Bogess liable for damage suffered by the Buyer, of whatever nature, as a result of the Buyer's actions.
5. Each Buyer can report indications and / or complaints to Bogess about an infringing Offer, or complaints about other Buyers. A report can be made via the contact form on the Website or via firstname.lastname@example.org.
6. If Bogess finds that the Buyer is abusing his account, in the broadest sense of the word, Bogess will delete and / or block the Buyer's account.
1. The agreement is concluded when the Buyer makes the agreement final by clicking on the 'Buy now' button during the placement process of a product from the Provider via the Bogess Website.
2. Bogess will confirm the agreement with the Provider electronically to the Buyer at the email address provided by the Buyer.
3. The agreement can only be performed by the Provider if the Buyer has provided his / her contact and name and address details completely and correctly when purchasing exclusive sneakers. The Buyer is obliged to report inaccuracies in the payment details stated immediately to Bogess or the Provider.
1. Unless otherwise agreed in writing, a Buyer cannot cancel the agreement with a Provider.
2. The Provider and / or Bogess has the right to cancel the purchase if the Buyer has not filled in his or her details completely and / or correctly.
3. Bogess has the right to refuse a purchase or cancel an agreement on behalf of the Provider if Bogess suspects that there has been abuse by the Buyer's account and / or the authenticity of the exclusive sneakers. In case of abuse, Bogess will also report this to the police.
1. When the purchase is finalized by the Buyer, the Buyer is obliged to pay the Provider for the product. Buyer can pay for the product through the Website.
2. Bogess is authorized on behalf of the Provider to receive the (online) payment from the Buyer on behalf of the Provider.
1. Bogess is not liable if it cannot fulfill its obligations as a result of a force majeure situation, nor can it be held to comply with any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault, and is not for its account under the law, a legal act or generally accepted beliefs. Force majeure is in any case understood to mean, but is not limited to what is understood in this respect in law and jurisprudence, (i) force majeure of suppliers of Bogess, (ii) failure to properly fulfill obligations of suppliers, (iii) deficiency of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunication facilities (for example: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at Bogess's company and (xi) other situations that, in Bogess's opinion, are beyond its control that temporarily or permanently impede the fulfillment of its obligations.
2. If and insofar as any legal provision does not oppose this, Bogess excludes all liability for damage suffered by the Buyer on the basis of (i) the use of the Bogess Services, (ii) purchase of the products from Providers via the Website. , (iii) the non-availability or incomplete or secure availability of the Website, (iv) changes in, to or on the Website or Bogess Services and (v) any incorrect and / or incomplete information on the Website
3. Bogess excludes all consequential damages. This also includes all indirect damage, loss of profits, loss of profit and / or loss, lost savings, damage due to business interruption, loss of capital, loss due to delay, loss of interest and immaterial damage.
4. If and insofar as Bogess appears to be liable, its liability is limited to a maximum amount of 250 euros.
5. All claims of the Buyer due to shortcomings on the part of Bogess lapse if they are not reported to Bogess in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, Bogess's liability expires.
Buyer indemnifies Bogess against claims from third parties with regard to damage suffered by them on the basis of (i) the use of the exclusive sneakers of the Provider, purchased through the Website, (ii) the use of the Bogess Services, (iii) the unlawful content of the Offer and / or the products delivered by the Offeror and (iv) the conclusion of an agreement with the Offeror on the basis of an Offer.
1. If a Buyer is not satisfied with the Services of Bogess, the Buyer is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant cause that led to the complaint. Complaints can be reported verbally or in writing via email@example.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and / or explained by the Buyer if Bogess is to be able to handle the complaint.
3. Bogess will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. The parties will try to find a solution together.
Bogess is free to adjust (parts of the) Website, as well as the content of its Services and these general terms and conditions. The modified terms will be published on the Website with the last updated date. Buyer will also receive an email 30 days prior to the amended terms and conditions taking effect. If the Buyer does not agree with the content of the changes, the Buyer can immediately terminate the Agreement. The Buyer will receive a further email about how the Agreement can be terminated. If the Buyer does not reject or object to the changes in time, at least not before the date on which the changes take effect, or if the agreement is terminated, the Buyer agrees to the amended conditions. Even if the Buyer uses the Website from the date of entry into force of the changes, the Buyer is deemed to have accepted the amended terms and conditions.
1. The legal relationship between Bogess and Buyer and Bogess and Buyer is governed by Dutch law.
2. All disputes arising from or as a result of the agreement between Bogess and the Buyer, or through the use of the Website by the Buyer, will be settled by the competent court of the Rotterdam District Court, unless mandatory provisions of law designate another competent court.
Prepared on October 07, 2019.