TERMS & CONDITIONS
8LOODLINE is a registered brand that is part of aMADcorp.
General Terms and Conditions
Last update: 1-10-2020
Welcome to the official 8LOODLINE website / webshop. Read the following general terms and conditions that are applicable to the use and the purchase of products through our website accurately. When placing an order you agree with our general terms and conditions and the Privacy Policy.
Table of contents:
Article 1 – Definitions
Article 2 – 8LOODLINE’s ID
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercising the right of withdrawal by the consumer and associated costs
Article 9 – Obligations of 8LOODLINE in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional warranty
Article 13 – Delivery and implementation
Article 14 – Continuing performance transactions: term, termination, and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Privacy statement
Article 18 – Additional conditions
Article 1 – Definitions
For the purpose of these terms and conditions, the following is understood as:
1. Additional agreement: an agreement in pursuance of which the consumer acquires products, digital content and/or services in connection with a distance agreement and the said goods, digital content and/or services are delivered by 8LOODLINE or by a third party on the basis of an arrangement between the said third party and 8LOODLINE;
2. Reflection period: the period within which the consumer can rely on his right of withdrawal;
3. Consumer: the natural person who does not act for purposes that are related to his commercial, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that are produced or delivered in digital form;
6. Continuing performance agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Sustainable data carrier: each and every tool – also including email – that makes it possible for the consumer or entrepreneur to store information addressed to him in person in a manner that enables future consultation or use during a period that is geared to the purpose for which the information is meant and that enables unchanged reproduction of the stored information;
8. The right of withdrawal: the possibility of the consumer to withdraw from the distance agreement within the reflection period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers remotely;
10. Distance agreement: an agreement that is concluded between 8LOODLINE and the consumer within the framework of an organised system for distance sale of products, digital content and/or services without simultaneous presence in the course of which up to and including the conclusion of the agreement one of more techniques for distance communication are exclusively or also used;
11. Withdrawal return form: the European withdrawal return form included in Schedule I of these terms and conditions; Schedule I does not need to be made available if the consumer is not entitled to a right of withdrawal in respect of his order;
12. Technique for distance communication: means that can be used for the conclusion of an agreement without the consumer and the entrepreneur simultaneously having to meet in the same space.
Article 2 – 8LOODLINE’s ID
Name: 8LOODLINE
Acting under the name / names:
8LOODLINE / aMADcorp.
Corporate seat:
Langswater 488
1069ED Amsterdam
Telephone number: + 31 (0)6 21 56 29 02
Availability:
From Monday up to and including Friday from 09:00 o’clock until 12:00 o’clock
Email address: 8LOODLINE@AMADCORP.NL
Chamber of Commerce number: 75445476
VAT number: NL002252451B44
Article 3 – Applicability
1. These general terms and conditions are applicable to each and every offer of 8LOODLINE and to each and every distance agreement concluded by and between the entrepreneur and the consumer.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions then this is expressly indicated in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If 8LOODLINE uses images then they provide a truthful representation of the offered products, services and/or digital content. Apparent mistakes or apparent errors in the offer shall not have a binding effect on 8LOODLINE.
Article 5 – The agreement
1. The agreement is, subject to the provisions set forth in paragraph 4, concluded at the moment of acceptance by the consumer of the offer and compliance with the relevantly imposed conditions.
2. If the consumer accepts the offer electronically then 8LOODLINE forthwith confirms the receipt of acceptance of the offer electronically. As long as the receipt of the acceptance has not been confirmed by 8LOODLINE, the consumer can rescind the agreement.
3. If the agreement is concluded electronically then 8LOODLINE takes appropriate technical and organisational measures to secure the electronic transfer of data and it provides for a secure web environment. If the consumer can pay electronically then 8LOODLINE shall observe appropriate security measures.
4. 8LOODLINE can – within the statutory parameters – ascertain itself of the fact if the consumer can comply with his payment obligations as also of all the facts and factors that are important for the responsible conclusion of the distance agreement. If on the basis of the said examination 8LOODLINE has good reason not to conclude the agreement then 8LOODLINE shall be entitled to reject an order or request in a substantiated manner or to impose special conditions on the implementation.
5. At the latest upon delivery of the product, service or digital content 8LOODLINE shall make the following information available to the consumer, either in writing or in such manner that it can be stored by the consumer on a sustainable data carrier in an accessible manner:
a. the sitting address of the establishment of 8LOODLINE that the consumer can call upon in case of complaints;
b. the terms and conditions on the basis of which and the manner that the consumer can rely on the right of withdrawal or a clear indication regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing aftersales service;
d. the total price including any and all taxes of the product, service or digital content; where applicable, the costs of delivery and the payment method, delivery or implementation of the distance agreement;
Article 6 – Right of withdrawal
In the case of products:
1. The consumer can rescind an agreement with regard to the purchase of a product during a reflection period of 14 days without stating reasons. 8LOODLINE can ask the consumer for the reason for the withdrawal but cannot render specification of his reason(s) mandatory.
2. The reflection period as intended in paragraph 1 takes effect on the day after the consumer, or a third party previously designated by the consumer, not being the carrier, has taken receipt of the product or:
a. if the consumer ordered multiple products in one and the same order: the day when the consumer, or a third party designated by him, has received the first product. 8LOODLINE can, provided that the consumer was informed about this in a clear manner prior to the ordering process, reject an order of multiple products with different delivery times;
In case of services and digital content that is not delivered on a tangible carrier:
3. The consumer can rescind an agreement for the provision of services and an agreement for the delivery of digital content that is not delivered on a tangible carrier during a period of 14 days without stating reasons. 8LOODLINE can ask the consumer for the reason for the withdrawal but cannot render specification of his reason(s) mandatory.
4. The reflection period as intended in paragraph 3 takes effect on the day that follows the conclusion of the agreement.
Extended reflection period for products, services and digital content not delivered on a tangible carrier if not informed of the right of withdrawal:
Article 7 – Obligations of the consumer during the reflection period
1. During the reflection period, the consumer shall handle the product and the packaging diligently. He shall only unpack or use the product to the extent that this is required to determine the nature, the characteristics and the operation of the product. The guiding principle in this respect is that the consumer can only use and inspect the product as he would be allowed to do in a shop. We, therefore, recommend that you try on shoes on soft surfaces (e.g.carpet).
2. The consumer shall only be liable for a decrease in value of the product that is the result of a manner of handling the product that goes beyond what is permitted pursuant to paragraph 1.
3. The consumer shall not be liable for a decrease in value of the product if 8LOODLINE did not provide him with any and all statutorily mandatory information about the right of withdrawal prior or upon the conclusion of the agreement.
Article 8 – Exercising the right of withdrawal by the consumer and associated costs
1. If the consumer relies on his right of withdrawal then he reports this to 8LOODLINE within the reflection period by means of a clear e-mail or in another unambiguous manner.
2. The consumer returns the product or presents it to 8LOODLINE as soon as possible, however within 14 days from the day following the notification as intended in paragraph 1.
3. The consumer returns the product with any and all delivered accessories, where reasonably possible in the original state and packaging, and in conformity with reasonable and clear instructions given by 8LOODLINE.
4. The risk and the evidentiary burden in terms of exercising the right of withdrawal in a correct and timely fashion are borne by the consumer.
5. The consumer bears the direct costs of the return of the product.
- If the consumer withdraws after first expressly having requested that the performance of the products that were not prepared for sale yet in a limited volume or certain quantity starts during the reflection period then the consumer shall be liable to pay 8LOODLINE an amount in proportion to the part of the obligation that was complied with by 8LOODLINE at the time of the withdrawal, compared to complete compliance with the obligation.
7. The consumer does not bear any costs for the performance of products that were not prepared for sale yet in a limited volume or quantity if:
a. 8LOODLINE did not provide the consumer with the statutorily mandatory information about the right of withdrawal, the reimbursement of costs in case of withdrawal; or
b. the consumer did not expressly request for the start of the performance of the products during the reflection period.
8. The consumer does not bear any costs for the complete or partial delivery of digital content not delivered on a tangible carrier if:
a. prior to the delivery he did not expressly agree with the start of the implementation of the agreement before the end of the reflection period;
b. he did not acknowledge forfeiting his right of withdrawal when giving his consent.
9. If the consumer relies on his right of withdrawal then any and all additional agreements are rescinded by operation of law.Article 9 – Obligations of 8LOODLINE in case of withdrawal
1. If 8LOODLINE makes it possible for the consumer to send the notification of withdrawal electronically then 8LOODLINE sends a confirmation of receipt after receipt of the said notification.
2. 8LOODLINE forthwith, however within 14 days following the day that the consumer notified 8LOODLINE of the withdrawal, repays any and all payments of the consumer, including potential delivery costs charged by 8LOODLINE for the returned product. Unless 8LOODLINE offers to pick up the product, 8LOODLINE can wait with the repayment until the product was received or until the consumer demonstrates that the product was returned, depending on what occurs first.
3. For the repayment, 8LOODLINE aims to use the same payment method used by the consumer, unless the consumer agrees with a different method. The repayment is without charges for the consumer.
4. If the consumer opted for a more expensive delivery method than the cheapest standard delivery method then 8LOODLINE does not need to repay the additional costs for the more expensive method.Article 10 – Exclusion of the right of withdrawal
8LOODLINE can exclude the following products and/or services from the right of withdrawal, however only if 8LOODLINE clearly indicated this in the offer, at least in a timely fashion prior to the conclusion of the agreement:
1. Products or services of which the price is bound by fluctuations in the financial market that are beyond the control of 8LOODLINE and that may occur within the reflection period;
2. Agreements that are concluded during a public auction. A public auction is understood as a sales method in the course of which products, digital content and/or services are offered by 8LOODLINE to the consumer who is personally present or who has the possibility of being present in person at the auction, under the authority of an auctioneer, and in the course of which the successful bidder is held to purchase the products, digital content and/or services;
3. Agreements for the provisions of services, after a complete performance of the service, however only if:
a. the performance started with the express prior consent of the consumer; and
b. the consumer declared that he forfeits his right of withdrawal as soon as 8LOODLINE implemented the agreement in full;
4. Products manufactured according to specifications of the consumer that were not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer or that are clearly meant for a specific person;
5. Products that perish quickly or that have a limited shelf life;
6. Sealed products that are not suitable to be returned due to health or hygienic reasons and of which the seal was broken after delivery;
7. Products that are after delivery, due to their nature, mixed with other products;
8. Sealed audio and video recordings and computer software of which the seal was broken after delivery;
9. The delivery of digital content other than on a sustainable carrier, however only if:
a. the performance started with the express prior consent of the consumer; and
b. the consumer declared that he consequently forfeits his right of withdrawal.Article 11 – The price
1. During the period of validity mentioned in the offer the prices of the offered products and/or services are not increased, barring price changes due to changes in VAT rates.
2. In derogation from the previous paragraph, 8LOODLINE can offer products or services of which the prices are bound by fluctuations in the financial market and that are beyond the control of 8LOODLINE at variable prices. The binding force of fluctuations and the fact that potentially indicated prices are target prices is mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory schemes or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if 8LOODLINE stipulated this and:
a. they are the result of statutory schemes or provisions; or
b. the consumer is authorised to terminate the agreement effective from the day that the price increase takes effect.
5. The prices of products or services mentioned in the offer are including VAT.,
6. At the time of conclusion of the agreement payments can be effectuated through one of the following methods: iDeal, Bancontact/Mister Cash, Apple Pay, MasterCard, Visa, American Express, Sofort, PayPal.
Depending on the payment method transaction costs may be charged.
Article 12 – Compliance with an agreement and additional warranty
1. 8LOODLINE warrants that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and statutory provisions and/or official rules in place on the date of the conclusion of the agreement. If stipulated then 8LOODLINE also warrants that the product is suitable for use other than normal use.
2. An additional warranty provided by 8LOODLINE, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer can enforce vis-à-vis 8LOODLINE in pursuance of the agreement if 8LOODLINE failed to comply with its part of the agreement.
3. An additional warranty is understood as each and every obligation of 8LOODLINE, its supplier, importer or manufacturer in pursuance of which certain rights or claims are allocated to the consumer that exceed its statutory obligations in case of a failure to comply with its part of the agreement.
Article 13 – Delivery and implementation
1. 8LOODLINE shall observe the utmost care when taking a receipt and implementing orders for products and when assessing requests for the supply of services.
2. The address that the consumer communicated to 8LOODLINE is qualified as the delivery location. In consideration of the provisions set forth in article 11.6 8LOODLINE delivers worldwide, we have an overview of delivery prices per country / region. If you cannot find your designated location / country, please contact 8LOODLINE@AMADCORP.NL for a personal enquiry.
3. In consideration of the relevant provisions set forth in article 4 of these general terms and conditions, 8LOODLINE shall implement accepted orders expeditiously however at the latest within 30 days, unless a different delivery period is stipulated. If the delivery is delayed, or if an order cannot or only partly be implemented, then the consumer is informed accordingly at the latest 30 days after he has placed the order. As the occasion arises the consumer is entitled to rescind the agreement without costs.
4. After rescission in conformity with the previous paragraph, 8LOODLINE shall repay the amount paid by the consumer within 14 days.
Article 14 – Continuing performance transactions: term, termination, and renewal
Termination:
1. The consumer can always terminate an agreement concluded for an open term that extends to the regular delivery of products (including electricity) or services, in consideration of relevantly stipulated termination rules and a notice period of at most one month.
2. The consumer can always terminate an agreement concluded for a fixed term that extends to the regular delivery of products or services with effect from the end of the fixed term, in consideration of relevantly stipulated termination rules and a notice period of at most one month.
Article 15 – Payment
1. In the case of the sale of products to consumers, the consumer can pursuant to the general terms and conditions never be held to pay more than 50% in advance. If payment in advance is stipulated then the consumer cannot enforce any right regarding the implementation of the relevant order or service(s) before the stipulated payment in advance has taken place.
2. The consumer is held to forthwith report inaccuracies in supplied or indicated payment details to 8LOODLINE.
4. If the consumer does not comply with his payment obligation(s) in a timely fashion then after he has been pointed to the late payment by 8LOODLINE. 8LOODLINE has granted the consumer a period of 14 days to yet comply with his payment obligations the consumer shall, after payment has failed to materialise within this 14-day period, be liable to pay the statutory interest on the yet payable amount and 8LOODLINE shall be entitled to charge the extrajudicial collection costs incurred by the same. The said collection costs amount to at most: 15% on outstanding amounts up to € 2,500.00; 10% on the subsequent € 2,500.00 and 5% on the subsequent € 5,000.00, with a minimum of € 40.00. 8LOODLINE may to the advantage of the consumer deviate from the aforementioned amounts and percentages.
Article 16 – Complaints procedure
1. 8LOODLINE has a sufficiently disclosed complaints procedure and handles a complaint in accordance with the said complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to 8LOODLINE expeditiously after the consumer has observed the defects in a complete and clearly described manner.
3. Complaints submitted to 8LOODLINE are answered within a period of 14 days after the date of receipt. If a complaint foreseeably requires a longer processing time then 8LOODLINE answers within the period of 14 days with a confirmation of receipt and an indication when the consumer can expect a more extensive answer.
4. A complaint about a product, service or the service of 8LOODLINE can be submitted by email via 8LOODLINE@AMADCORP.NL
5. The consumer must, in any case, give 8LOODLINE a period of 4 weeks to solve the complaint in joint consultation. After this period a dispute arises that is susceptible to the dispute settlement rules.
Article 17 – Applicable law
1. Dutch law is applicable to agreements between 8LOODLINE and the consumer to which these general terms and conditions are related.