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Article 1 - Definitions

In these terms and conditions, the following terms have the following meanings:

Blackstone: Blackstone Products Europe Coöperatief U.A.;

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

Cooling-off period: the period within which the consumer can exercise his right of withdrawal;

Day: calendar day;

Distance communication techniques: means that can be used for concluding a contract, without the consumer and Blackstone being together in the same space at the same time;

Distance contract: a contract concluded between Blackstone and the consumer within an organised system for distance sales, whereby up to and including the conclusion of the contract, exclusive or additional use is made of one or more distance communication techniques;

Durable data carrier: any tool, including email, that enables the consumer or Blackstone to store information addressed to him personally in a way that enables future consultation or use during a period that is appropriate for the purpose for which the information is intended, and that enables unchanged reproduction of the stored information;

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

Terms and conditions: the terms and conditions of sale set out in this document.

Article 2 - Identity of Blackstone

Blackstone, established at Wateringweg 83-C, 2031 EK Haarlem, the Netherlands.
Phone number: +44 20 4603 4598
Email address: support@blackstoneproducts.eu
Website: www.blackstoneproducts.eu

Article 3 - Applicability

These terms and conditions apply to every offer from Blackstone and to every distance contract concluded between Blackstone and the consumer.
Before the distance contract is concluded, these terms and conditions shall be made available to the consumer in such a way that it can be easily stored by the consumer on a durable data carrier.

Article 4 - The offer

If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated in the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Blackstone uses images, these are a truthful representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind Blackstone.
Every offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.

Article 5 - The contract

The contract is concluded, subject to the provisions of article 4 of these terms and conditions, at the moment of acceptance by the consumer of the offer and meeting the conditions set therein.
If the consumer has accepted the offer electronically, Blackstone shall immediately confirm receipt of the acceptance of the offer electronically.
If the contract is concluded electronically, Blackstone shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Blackstone shall take appropriate measures for this purpose.
Blackstone shall, at the latest upon delivery of the product to the consumer, provide the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
1. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
2. information about warranties and existing after-sales service;
3. the price of the product, including all applicable taxes, any delivery charges where relevant, and the terms of payment, delivery, or performance of the distance contract shall be clearly stated;
4. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 - Right of withdrawal

The consumer can dissolve an agreement concerning the purchase of a product within a cooling-off period of 30 days without giving any reason.
The cooling-off period mentioned in paragraph 1 of this article starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
1. if the consumer has ordered multiple products in a single order: the day on which the consumer, or a third party designated by them, has received the last product. Blackstone may refuse an order for multiple products with different delivery times, provided they have clearly informed the consumer of this prior to the ordering process;
2. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part.
If the consumer exercises his right of withdrawal, he shall notify Blackstone within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1 of this article, the consumer shall return the product or hand it over to (an authorised representative of) Blackstone. This is not required if Blackstone has offered to collect the product themselves. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.
During the cooling-off period, the consumer shall handle the product and its packaging with due care. The product may only be unpacked or used to the extent necessary to assess its nature, characteristics, and functioning. Products shall be returned undamaged, unused, and, where reasonably possible, in their original packaging. Blackstone reserves the right to refuse returns if there is reasonable suspicion of misuse. The guiding principle is that the consumer may handle and inspect the product only as he would be permitted to do in a physical retail store. Products that can no longer be resold as new due to assembly or reasonable suspicion of misuse may be subject to a depreciation in value. Consequently, the resulting loss in value may be charged to the consumer.
The consumer returns the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Blackstone.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
If the consumer exercises his right of withdrawal, both the agreement and all supplementary agreements are legally dissolved.
The consumer shall be liable for any reduction in the value of the product resulting from handling that exceeds what is permitted under paragraph 5 of this article.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of return shipment are at his expense. Shipping costs originally paid shall also not be refunded.
If the consumer has paid an amount, Blackstone shall refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by Blackstone or conclusive proof of complete return can be provided.
Refund is made via the same payment method used by the consumer, unless the consumer has explicitly given permission for another method.
In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any decrease in value.
The consumer cannot be held liable for decrease in value when Blackstone has given no or incomplete information about the right of withdrawal.

Article 8 - Exclusion of the right of withdrawal

Blackstone can exclude the consumer's right of withdrawal for products as described in article 7. The exclusion of the right of withdrawal only applies if Blackstone has clearly stated this in the offer, at least in time before concluding the contract.
Exclusion of the right of withdrawal is only possible for:
1. products created by Blackstone according to the consumer's specifications, which are not prefabricated, and which are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
2. products that cannot be returned due to their nature;
3. products that can spoil 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;

Article 9 - The price

During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes as a result of changes in VAT rates. The prices mentioned in the offer of products include VAT.
Blackstone reserves the right to adjust its prices at any time. The price applicable to the consumer is the one in effect at the moment the consumer’s order is accepted.

Article 10 - Conformity and warranty

Blackstone warrants that the products comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the contract.
This warranty arrangement provided by Blackstone does not affect the legal rights and claims that the consumer can assert against Blackstone under the contract if Blackstone has failed to fulfil his part of the agreement.
The warranty is valid for a period of 24 months, starting from the date of purchase.
Warranty-related services and replacement of parts under warranty do not extend the original warranty period.
Blackstone is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
Defects shall be remedied free of charge within a reasonable period, either through repair or replacement of the relevant parts. Transport costs, call-out charges, labour fees, and the cost of replacement parts shall be covered by Blackstone.
Any replaced parts or devices become the property of Blackstone.
The warranty does not entitle the customer to any further compensation, unless Blackstone has acted with intent or gross negligence.
The warranty does not apply to the supply of consumables or accessories.
The warranty does not apply if:
1. the consumer has repaired and/or processed the delivered products himself or had them repaired and/or processed by third parties;
2. the device was not purchased from an authorised dealer or directly through Blackstone’s official website;
3. the delivered products have been exposed to abnormal conditions, natural events (such as extreme weather, flooding, or other environmental factors), or otherwise handled carelessly or contrary to Blackstone's instructions and/or those provided on the packaging;
4. the inadequacy is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Nothing in this warranty limits the consumer's right to any rights available to the consumer under mandatory consumer sales law.

Article 11 - Delivery and execution

Blackstone shall exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to Blackstone.
Taking into account what is stated in article 4 of these terms and conditions, Blackstone shall execute accepted orders expeditiously but no later than 7 days, unless a different delivery period has been agreed. If an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 7 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and the right to any compensation.
All delivery times are indicative, meaning that the initial stated delivery period shall not be considered a strict or fatal deadline. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not give the consumer the right to compensation.
In case of dissolution, Blackstone shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, Blackstone shall make efforts to make a replacement product available. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement product is being delivered. The costs of any return shipment are at Blackstone's expense.
The risk of damage and/or loss of products rests with Blackstone until the moment of delivery to the consumer or a previously designated representative made known to Blackstone, unless expressly agreed otherwise.

Article 12 - Payment

Unless otherwise determined in the contract or additional conditions, the amounts owed by the consumer must be paid upon ordering the products.
If the consumer does not meet his payment obligation(s) in time, after being notified by Blackstone about the late payment and Blackstone has given the consumer a period of 14 days to still meet his payment obligations, starting the day after receipt of the reminder, after failing to pay within this 14-day period, the legal interest is owed over the amount still owed and Blackstone is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of 15% over outstanding amounts up to €2,500; 10% over the next €2,500 and 5% over the next €5,000 with a minimum of €40. Blackstone may deviate from the mentioned amounts and percentages in favour of the consumer.

Article 13 - Complaints procedure

Blackstone handles the complaint in accordance with this complaint’s procedure.
Complaints about the execution of the contract must be submitted fully and clearly described to Blackstone within a reasonable time after the consumer has discovered the defects.
Complaints submitted to Blackstone shall be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, Blackstone shall respond within the period of 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
Complaints about a product can be submitted by email to support@blackstoneproducts.eu or by calling +44 20 4603 4598.
Blackstone has 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to dispute resolution.

Article 14 – Governing law and disputes

Contracts between Blackstone and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
All disputes arising from or related to contracts to which these terms and conditions relate, shall be submitted to the competent Dutch court in the district where Blackstone is established, unless the law mandatorily determines otherwise.