Terms of service
Table of contents:
Article 1 - Definitions
Article 2 - Identity of Bliss
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of Bliss upon revocation
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Long-term transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Supplementary or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following is understood to mean:
- Supplementary agreement : an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by Bliss or by a third party based on an agreement between that third party and Bliss;
- Cooling-off period : the period within which the consumer can exercise his right of withdrawal;
- Consumer : the natural person who does not act for purposes related to his trade, business, craft or professional activity;
- Day : calendar day;
- Digital content : data produced and delivered in digital form;
- Long-term agreement : an agreement that provides for the regular delivery of goods, services and/or digital content over a specified period;
- Durable data carrier : any device – including email – that enables the consumer or trader to store information addressed to them personally in a manner that allows for future consultation or use for a period commensurate with the purpose for which the information is intended, and that enables the stored information to be reproduced without alteration;
- Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Distance contract : an agreement concluded between Bliss and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusively or partly one or more techniques for distance communication are used up to and including the conclusion of the agreement;
- Model withdrawal form : the European model withdrawal form included in Annex I of these terms and conditions;
Bliss: the legal entity as further defined in Article 2, which offers products, (access to) digital content and/or services remotely to consumers as set out under these General Terms and Conditions;
- Remote communication technology : means that can be used to conclude an agreement without the consumer and the trader having to be simultaneously present in the same location;
Article 2 – Identity of Bliss
Entrepreneur name: Bliss BV 97103381
Postal address; Hof van Parijs 13, P.O. Box 13-85.24, 9403DA Assen,
Email address or other electronic means of communication offered to the consumer with the same functionality as email; info@shopbliss.nl
Article 3 – Applicability
- These general terms and conditions apply to every offer from Bliss 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. If this is not reasonably possible, Bliss will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at Bliss and that they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a manner that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request.
- In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him.
Article 4 – The offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Bliss uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind Bliss.
- Each 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 Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
- If the consumer has accepted the offer electronically, Bliss shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Bliss, the consumer may dissolve the agreement. After receipt of this confirmation, it is no longer possible for the consumer to dissolve or cancel the agreement; however, the consumer may exercise the right of withdrawal (Article 6).
- If the agreement is concluded electronically, Bliss shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Bliss shall take appropriate security measures for this purpose.
- Bliss may – within legal frameworks – ascertain whether the consumer is able to meet his payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance contract. If, on the basis of this investigation, Bliss has good grounds not to enter into the agreement, it is entitled to refuse an order or application with justification, or to attach special conditions to its execution.
- Bliss shall, at the latest upon delivery of the product, service, or digital content to the consumer, include the following information in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the Bliss branch where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information regarding warranties and existing after-purchase service;
- the price, including all taxes, of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
- The consumer may terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 (fourteen) days without giving reasons. Bliss may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
- The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
- If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Bliss may refuse an order of multiple products with different delivery times, provided that it has clearly informed the consumer of this prior to the ordering process.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
- in the case of agreements for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content not delivered on a tangible medium:
- The consumer may terminate a service agreement and an agreement for the supply of digital content not delivered on a tangible medium for at least 14 days without giving reasons. Bliss may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
- The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content not delivered on a physical medium if the right of withdrawal is not communicated:
- If Bliss has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the preceding paragraphs of this article.
- If Bliss has provided the information referred to in the preceding paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The underlying principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for any decrease in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for any decrease in the value of the product if Bliss has not provided him with all legally required information regarding the right of withdrawal before or at the time of concluding the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer exercises his right of withdrawal, he notifies Bliss within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Bliss. This is not necessary if Bliss has offered to collect the product itself. The consumer shall in any event be deemed to have complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Bliss.
- The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If Bliss has not stated that the consumer must bear these costs, or if Bliss indicates that it will bear the costs itself, the consumer is not required to bear the costs of return.
- The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
- he has not expressly agreed, prior to delivery thereof, to the commencement of the performance of the agreement before the end of the cooling-off period;
- he has not acknowledged losing his right of withdrawal upon giving his consent; or
- Bliss has failed to confirm this statement by the consumer.
- If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.
Article 9 – Obligations of Bliss upon revocation
- If Bliss enables the consumer to submit a notice of withdrawal electronically, it shall send an acknowledgment of receipt immediately after receiving this notice.
- Bliss will refund all payments made by the consumer, including any delivery costs charged by Bliss for the returned product, without undue delay but within 14 (fourteen) days following the day on which the consumer notifies Bliss of the withdrawal. Unless Bliss offers to collect the product itself, it may withhold reimbursement until it has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
- Bliss uses the same payment method for refunds that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, Bliss is not required to refund the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
Bliss may exclude the following products and services from the right of withdrawal, but only if Bliss has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:
- Products or services whose price is subject to fluctuations on the financial market over which Bliss has no influence and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by Bliss to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
- Service agreements, after full performance of the service, but only if:
- the performance has commenced with the express prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal as soon as Bliss has fully performed the agreement;
- Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
- Agreements relating to leisure activities, if the agreement provides for a specific date or period for the performance thereof;
- products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products which, after delivery, are irrevocably mixed with other products due to their nature;
- Alcoholic beverages the price of which was agreed upon at the time of concluding the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which Bliss has no influence;
- Sealed audio and video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
- The supply of digital content other than on a tangible medium, but only if:
- the performance has commenced with the express prior consent of the consumer; and
- The consumer has declared that he thereby loses his right of withdrawal.
Article 11 – The price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
- Notwithstanding the preceding paragraph, Bliss may offer products or services whose prices are subject to fluctuations on the financial market and over which Bliss has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices shall be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if Bliss has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 12 – Performance of the agreement and additional warranty
- Bliss guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, Bliss also guarantees that the product is suitable for uses other than normal use.
- An additional warranty provided by Bliss, its supplier, manufacturer, or importer shall never limit the statutory rights and claims that the consumer may assert against Bliss under the agreement if Bliss has failed to fulfill its part of the agreement.
- An extended warranty is understood to mean any commitment by Bliss, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event of a failure to fulfill its part of the agreement.
Article 13 – Delivery and execution
- Bliss will exercise the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has provided to Bliss.
- Subject to what is stated regarding this in Article 4 of these General Terms and Conditions, Bliss will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed at all or only partially, the consumer will be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation for damages.
- Following dissolution in accordance with the previous paragraph, Bliss will immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with Bliss until the moment of delivery to the consumer or a previously designated representative known to Bliss, unless expressly agreed otherwise.
Article 14 – Long-term transactions: duration, termination and renewal
Cancellation:
- The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products or services at any time.
terminate with due observance of the agreed termination rules and a notice period of at most one month.
- The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of at most one month.
- The consumer may the agreements mentioned in the previous paragraphs:
- to cancel at any time and not be limited to cancellation at a specific time or during a specific period;
- at least terminate in the same manner as these agreements were entered into by him;
- Always terminate with the same notice period as Bliss has stipulated for itself.
Extension:
- An agreement entered into for a fixed period and which provides for the regular delivery of products or services may not be tacitly extended or renewed for a fixed duration.
- Notwithstanding the preceding paragraph, an agreement entered into for a fixed term may be tacitly extended for a fixed period of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension period with a notice period of at most one month.
- An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is entitled to terminate the agreement at any time with a notice period of at most one month.
Duration:
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 15 – Payment
- Unless otherwise provided in the agreement or additional terms and conditions, the amounts due from the consumer must be paid within 14 (fourteen) days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 (fourteen) days after conclusion of the contract.
- of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
- In the sale of products to consumers, the consumer may never be required in the general terms and conditions to make a prepayment of more than 50%. When prepayment has been agreed upon, the consumer cannot assert any right regarding the execution of the relevant order or service(s) until the agreed prepayment has been made.
- The consumer has the duty to report inaccuracies in provided or stated payment details to Bliss without delay.
- If the consumer fails to meet his payment obligation(s) in a timely manner, he shall, after having been notified by Bliss of the late payment and Bliss having granted the consumer a period of 14 (fourteen) days to still fulfill his payment obligations, and after failure to pay within this 14-day period, owe statutory interest on the outstanding amount and Bliss is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000, with a minimum of € 40. Bliss may deviate from the said amounts and percentages in favour of the consumer.
Article 15.1A - Bliss-Repeat - Subscription
- With Bliss-Repeat, you have the option to receive Bliss monthly.
- With a repeat order, you always get 25% off Bliss, and free shipping.
- You complete your first Repeat order by making an iDeal/Bancontact payment, and it will be shipped the next working day. Subsequent payments will be debited via direct debit.
- Via Manage Repeat, you can edit, pause, or cancel your Repeat at any time. So you are not tied to anything.
- Returns and warranties are always refunded by us.
- A payment may never be recovered via chargeback; as a company, we pay a €40 penalty to our payment provider for this. We will recover these costs from you.
- You can cancel your subscription by email, but it takes 30 days for us to process this. This is due to communication with the bank. You can cancel your subscription yourself at any time via your account.
Article 16 – Complaints Procedure
- Bliss has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints regarding the performance of the agreement must be submitted to Bliss within a reasonable time after the consumer has discovered the defects, fully and clearly described.
- Complaints submitted to Bliss will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeably longer processing time, Bliss will respond within the 14 (fourteen) day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
Article 17 – Disputes
- Agreements between Bliss and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. All disputes arising from the agreement and/or these general terms and conditions shall be submitted to the competent court of the district where Bliss has its registered office.
Article 18 – Supplementary or deviating provisions
Provisions supplementing or deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 19 - SMS marketing
By consenting to Shopbliss SMS marketing at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (regarding your order, including abandoned checkout reminders), SMS marketing offers, and transactional texts, including requests for reviews, from us, even if your mobile number is registered on a state or federal Do Not Call list. The frequency of messages varies. Consent is not a condition of purchase.
If you wish to opt out of receiving SMS marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we have provided to you in one of our messages. You understand and agree that alternative methods of unsubscribing, such as using alternative words or requests, will not be considered a reasonable way to unsubscribe. We do not charge for the service, but you are responsible for all costs and fees related to SMS messages imposed by your wireless provider. Message and data rates may apply.
For questions, you can text HELP to the number from which you received the messages. For more information, you can also contact us via https://shopbliss.nl/pages/contact.
We reserve the right to change any phone number or shortcode that we use to operate the service at any time. You will be notified on such occasions. You agree that all messages you send to a phone number or shortcode that we have changed, including any STOP or HELP requests, may not be received, and that we are not liable for honoring requests in such messages.
To the extent permitted by applicable law, you agree that we are not liable for failed, delayed, or misaddressed delivery of information sent via the service, any errors in such information, and/or any action you take or fail to take relying on the information or service.