Terms and Conditions
hereinafter referred to as Blush
Article 1 General.
1.1. These General Delivery and Payment Terms apply to all by Blush. to make offers, services and to conclude agreements.
1.2. Unless otherwise agreed in writing, the terms and conditions of the opposing party of Blush will not be accepted.
1.3. Unless otherwise agreed in writing, all provisions of these General Delivery and Payment Terms and Conditions are in force between the parties.
Article 2 Offers.
2.1. All offers made by Blush are without obligation until the time of written acceptance.
2.2. Blush is not bound by the images, drawings, weight and size specifications, prospectuses, price lists, catalogs and offers supplied by it. The information provided by Blush is only binding if this has been agreed in writing.
2.3. Blush retains the proprietary (patent, trademark) and copyright with regard to the product (-composition) data provided by it and may not be made available to third parties without prior permission in writing from Blush. receive.
Article 3 Establishment agreement.
3.1. The agreement comes into effect once the acceptance of the Blush offer has been reached. The acceptance of Blush`s offer must be made in writing, either by an order confirmation, either by "agreement" signing of Blush`s written offer.
3.2. Verbal agreements and commitments only apply if they are confirmed immediately in writing.
3.3. If reservations or changes to the offer are made in the acceptance, in deviation from paragraph 1 of article 3 the agreement will only be concluded if Blush has informed the other party in writing that it agrees with these deviations from the quotation.
Article 4 Delivery.
4.1. The written confirmation of Blush is decisive prior to the commencement of the delivery. Blush is entitled to make a change in the goods to be delivered if it concerns a change in order to comply with applicable statutory regulations. The General Delivery Period is five (5) working days after receipt of written order confirmation, unless otherwise agreed in writing.
4.2. Blush is entitled to perform the delivery in parts. Each delivery is considered to have an independent value. If the delivery takes place in parts, Blush has the right to each part independently
4.3. The Client is obliged to take delivery of the delivered goods at the moment they are delivered to him or made available to him. If for any reason whatsoever the goods to be delivered are not taken by the Client, further costs, including storage costs, are at the expense and risk of the Client.
4.4. The storage of the goods by Blush does not affect the obligation of the Client to pay the goods within the term specified in Article 7 paragraph 1 of these conditions.
4.5. To the extent that additional quality provisions are required on the basis of (E.U.) government regulations or on the basis of the manufacturer`s own regulations, Blush will provide these against a separate amount to be charged.
4.6. If Blush has undertaken to perform technical or other work, this work is strictly limited to the goods delivered by Blush.
Article 5 Price.
5.1. The prices quoted by Blush are based on delivery including shipping in the store. The prices quoted are exclusive of turnover tax, packaging, insurance, transport costs, import duties, surcharges and other levies related to the delivery, unless otherwise agreed in writing.
5.2. All prices quoted by Blush are fixed for a period of three months. After expiry of this period, Blush is entitled to change the agreed prices unilaterally if the circumstances at the time of the conclusion of the agreement have changed.
5.3 The images shown are used for illustration purposes only and may deviate from the designated products.
5.4 Type and / or printing errors reserved
Article 6 Delivery time.
6.1. The delivery time specified by Blush is only approximate
6.2. The delivery time starts at the following times:
* on the day of the conclusion of the agreement;
* or as soon as the Client has provided the necessary documents such as permits and other documents and Blush has accepted them;
* or as soon as Blush has received the agreed (advance) payment of what has to be paid for supplying products.
6.3. The delivery time is based on the (working) circumstances prevailing at the time of the conclusion of the agreement, or because the materials ordered in time for the execution of the work are not delivered on time, delays or because the Client does not hand over test materials on time, or extend the delivery time at your own request, the delivery time will be extended if necessary. Any costs that occur, such as storage costs, are charged to the Client.
6.4. Except for gross negligence on the part of Blush, exceeding the delivery time does not entitle the Client to dissolve the agreement.
6.5. Blush does not accept any fine clause attached to exceeding the delivery time.
Article 7 Payment.
7.1.The payment of delivered goods is always made immediately upon ordering or delivery for cash payment.
Article 8 Risk and Reservation of Ownership.
8.1. The client bears the risk with regard to the goods to be delivered from the moment that the goods to be delivered are offered to the Client. All direct and indirect damage that may arise then, except for gross negligence of Blush, on behalf of the Client.
8.2. The ownership of goods is transferred to the Client only if all the amounts owed to Blush by the Client in connection with the deliveries or work, including interest and costs, have been paid in full to Blush, or sufficient security has been provided for this;
8.3. If reasonable doubt exists with Blush regarding the payment capacity of the Client, Blush is authorized to postpone the delivery of the goods until the Client has provided security for the payment. The Client is liable for the damage suffered by Blush delayed delivery.
8.4. If the Client fails to fulfill his obligations, Blush is entitled to recover the delivered goods without judicial intervention. The client is obliged to cooperate fully with Blush.
8.5. The Client is not permitted to transfer the goods delivered under retention of title to third parties (as security) without the written consent of Blush, nor is it permitted to resell, without the written permission of Blush.
Article 9 Guarantee.
9.1. Blush guarantees the soundness and quality (according to EU directives) of the goods and services supplied by it, as well as of the materials processed and / or supplied by it in those goods, with the exception of the materials made available by the Client himself. .
9.2. Insofar as it concerns non-observable defects in the goods delivered during inspection or commissioning, which the Client proves to have occurred within six months after delivery as a direct consequence of an incorrectness in the construction, composition, or as a result of defective finish or use of bad material, Blush will repair the defects or make replacement parts available. The choice of repair or replacement as well as the choice of the place of execution of the repair work will be made by Blush.
9.3. This obligation of Blush expires if:
a. the faulty operation of any delivered goods is not reported to Blush in writing immediately, but no later than fourteen (7) days after discovery thereof;
b. there is non-compliance with the correct application regulations, operating and maintenance instructions;
c. product application or commissioning is incorrectly carried out by the Client or third parties;
d. the Client makes improper or injudicious use of the delivered good, such as incorrect dosage or. misapplication of business assets, substitute raw materials and the like.
e. the Client itself carries out a change in the composition of the delivered goods;
f. the Client uses the delivered goods for a purpose other than that specified by the contract, including the so-called repackaging without the prior written consent of Blush.
9.4. Blush is entitled to suspend its warranty obligations as long as the buyer has not fulfilled his payment obligations.
9.5. The Client is obliged to do everything in its power to allow Blush to (have to) assess any guarantee claims. This will take place at the place and time determined by Blush. Any of this
consequent costs are fully borne by the client.
9.6. All damage caused during transport to and from Blush will be fully for the account of the client (customer)
Article 10 Offers.
10.1. The following rules apply to all offers.
With the Free Shipping action, an order may not be heavier than the statutory 30 kilos.
With a heavier order than 30 kilos or multiple packages, the additional shipping costs will be charged.
Article 11 Return.
11.1 All items returned by the client under guarantee are and remain at all times at the risk and expense of the client. All costs for return under warranty.
11.2.All products that are returned by the client are only accepted if the products are returned in their original condition and packaging.
11.3.Retour shipment is accepted by written confirmation from Blush.
Article 12 Incomplete order.
12.1 Items that are cheaper than the actual shipping costs will not be sent. The item is added to a new order.
(Download the Terms and Conditions as a PDF document.)