Terms & Conditions
Terms and Conditions of Sale Bulang & Sons
Introduction and Acceptance of the Terms and Conditions
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘Bulang & Sons’ (hereafter also referred to as ‘We’ or the ‘Website’), a trade name belonging to the company 100 Percent Vintage B.V., a limited liability company governed by Dutch law, Dutch chamber of commerce company number 56685106, VAT number NL8522.60.453.B01. Both parties accept these Terms and Conditions of Sale, hereafter also refered to as ‘Terms and Conditions’ unreservedly.
These Terms and Conditions apply to every offer made by Bulang & Sons and between every contract that is realized between you and Bulang & Sons. Prior to conclusion of a (distance) contract, the text of these Terms and Conditions will be made available to you. If this is not reasonably possible, Bulang & Sons will indicate, before the contract is concluded, that the Terms and Conditions are available for inspection at Bulang & Sons premises and that they will be sent free of charge to you, as quick as possible, at you request. If the contract is concluded electronically, then you will be provided with a link to the text of these Terms and Conditions electronically, before the contract is concluded, in such a way that you can easily store them on a durable data carrier.
These Terms and Conditions are the only terms and conditions that are applicable and replace all other terms and conditions, except in the case of express, written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our Terms and Conditions of Sale. These Terms and Conditions of Sale are important to you and Bulang & Sons as they are used to protect your rights as a valued customer and our rights as a business.
Changes to the Terms and Conditions and the Website
Bulang & Sons is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms and Conditions from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms and Conditions will be taken to mean that you have read and agree to the changes.
Every offer is free of obligations. Bulang & Sons may revoke the offer even after it receives acceptance of such offer from you. Bulang & Sons will not ‘hold’ any goods or make reservations, If an offer does conclude any engagement/obligation and/or is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
The contract will be concluded at the moment at which Bulang & Sons confirms your acceptance of the offer and the conditions thereby stipulated have been fulfilled.
Access to the Website
We work hard to ensure the Bulang & Sons Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with Bulang & Sons by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using Bulang & Sons in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms and Conditions.
Bulang & Sons takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.
The prices indicated are shown in Euro’s, are including of VAT (Dutch BTW) and do not include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
Unless agreed otherwise, sums payable by you should be paid prior or at the latest by conclusion of the order. The moment of payment shall be considered to be the date on which the amount is credited to the Bank account. You are not entitled to invoke any discount or set-off when paying.
You cannot invoke any rights whatsoever in relation to the order before payment has been made. If payment is not made (in time) Bulang & Sons are also entitled tot suspend execution of the current agreement and/or dissolve it in its entirety or in part without any notice of default being required.
In the event of non-payment or late-payment on the part of you, Bulang & Sons has the right, subject to statutory limitations, to charge you reasonable costs, including (extra) legal costs.
All goods delivered to you remain the property of Bulang & Sons, regardless as to whether they have already been put into use or processed by you, until all sums that you owe Bulang & Sons under the terms of the agreement have been paid.
We will always endeavor to fulfill your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. We will refund the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined under Right of Return, the return postage will be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.
Bulang & Sons currently offers two ways to pay for your order, by bank and PayPal. These payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use (Bulang & Sons is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these merchants to use these methods of payments. Please refer to your bank or PayPal for full terms and conditions of use.
Your order will be delivered to the address you indicated when your order was placed. We do not deliver to PO Box addresses. The place of delivery is deemed to be the address that you supplied to Bulang & Sons.
Bulang & Sons does everything in its power to respect the delivery times agreed upon an/or indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you (for example by supplying the wrong address), or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
The risk of damage (direct, indirect of circumstantial) and/or lost to/of the ordered products rests fully on you as from the delivery (the moment you are or could be in possession of the products).
Right of Return
Bulang & Sons allows you 14 days to return a product that you are not satisfied with. Your right of return starts from the moment your order is received by you or a representative previous designated by you and announced to Bulang & Sons. You can return the product to us within this time frame, at your own expense, with your invoice.
We request that you send us the merchandise by registered post and that you purchase insurance with your carrier for the value of the merchandise. This is necessary should they lose or damage the goods. Shipping fees remain the customer’s responsibility. The present right of return only applies to products that are returned in their original, unused and undamaged complete condition. Any product that has been damaged, is not in its original packaging, or has packaging that has been worn beyond simply opening the product, will not be refunded.
If the product is returned within 14 days of its delivery, you will be reimbursed within 30 days.
In order to make use of this right of return, you will act in accordance with the reasonable and clear instructions that Bulang & Sons provided when the offer was made and/or at the latest upon delivery.
You are precluded from the right of return if the product has been created by Bulang & Sons in accordance with your specifications or if the products are clearly of a personal nature or cannot be returned due to their nature.
Complaints about exercising the contract must be submitted tot Bulang & Sons without delay, in their entirety and clearly defined, after you have discovered the defects. Claims will lapse if these are not submitted within three workdays from the moment a failure has arisen or could have reasonably been ascertained. Once this term has expired, any right to damages and/or repair of any irregularity shall lapse.
Privacy and protection of personal data
The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Website, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present Terms and Conditions.
You have the permanent right to access and rectify all the information that concerns you. You can at any time make a request to Bulang & Sons to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.
All the content (illustrations, texts, names, brand names, logos, images, videos and designs) on the Website and on other means of communication that Bulang & Sons uses, ass well as the selection, coordination and organization of that content, are the property of Bulang & Sons, its affiliates or any third party licensees. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by Bulang & Sons. All the information, content and files is protected by Dutch national and International law concerning intellectual ownership and copyright and all use of this content that violates the rights held by Bulang & Sons, its affiliates or any third party licensees is expressly prohibited.
Bulang & Sons will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
The site of Bulang & Sons may contain hyperlinks (links) to other websites. Bulang & Sons assumes no liability for any content or services offered by third parties, nor does it guarantee the technical availability, reliability, legality of any materials and information contained in linked websites. Likewise, the inclusion of a link does not imply any kind of association, fusion or participation of Bulang & Sons with the holders and the content of any linked websites.
If the performance of the agreement is prevented or seriously hampered due to any circumstance beyond Bulang & Sons’ control, it’s obligations shall be suspended. During the period in which Bulang & Sons cannot fulfill its obligations because of such force Majeure, you may not dissolve the agreement and Bulang & Sons will not be liable to pay any damages.
Bulang & Sons will undertake their obligations with due care and to the best of its ability, and in doing so will strive to achieve the best results possible and deliver good products. Bulang & Sons gives no guarantee whatsoever.
Disclaimer of liability
You are responsible for the proper use of the goods delivered by Bulang & Sons.
Bulang & Sons shall not be held responsible and disclaims all liability for any loss, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), caused by using our products and/or caused by your access and use of the website, unless such loss and/or damages ensues from intentional acts or omissions or gross negligence on the part of Bulang & Sons, its managing directors or executives.
Bulang & Sons accepts no liability for loss, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company) that is the consequence of defects to items supplied to Bulang & Sons by third parties and which have been delivered by Bulang & Sons to you, unless and in so far as Bulang & Sons can claim such loss or damage from its supplier.
If non of the above mentioned limitations of liability applies, Bulang & Sons’ liability shall be limited to the amount charged to you in the last year with respect to the order causing the damage, with a maximum of € 2.500,-.
Bulang & Sons shall at all times be entitled to repair damages itself or have it repaired.
Any right to damages shall lapse if you fail to commence legal proceedings within 6 months of receiving written notification of Bulang & Sons’ definite rejection of the (alleged) claim.
Waiver and Severability
Any failure of Bulang & Sons to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and Bulang & Sons, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms and Conditions). If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Feedback & Comments
Any opinions left on the Website by Bulang & Sons customers are screened and moderated by Bulang & Sons. However, Bulang & Sons is not responsible for the content. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary), Bulang & Sons reserves the right to refuse or modify it.
Applicable laws (choice of law and forum)
The relations between you and Bulang & Sons, including all contracts, shall in all respects be governed by the laws of the Netherlands, regardless of the laws that might be applicable under principles of conflict of law. You and Bulang & Sons agree that the courts located in in the Netherlands, province of Limburg (Rechtbank Limburg), shall have exclusive jurisdiction over all controversies arising under this agreement.
Bulang and Sons
Gebouw Carbon 6
Heerlen / Netherlands