General Terms and Conditions

Below you will find our General Terms and Conditions. These always apply when you use or place an order through our Website. The General Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.

Article 1. Definitions

1.1. bluerocks.shop: located in Goutum and registered with the Chamber of Commerce under registration number 87995417 trading under the name Blue Rocks

1.2. Website: the bluerocks.shop website, accessible via www.bluerocks.shop and all associated subdomains.

1.3. Customer: the customer, whether or not acting in the exercise of a profession or business, who enters into an Agreement with bluerocks.shop and/or has registered on the Website.

1.4. Agreement: any agreement or arrangement between bluerocks.shop and Customer, of which the General Terms and Conditions are an integral part.

1.5. General Terms and Conditions: the present General Terms and Conditions.

Article 2. Applicability of General Terms and Conditions

2.1. The General Terms and Conditions apply to all offers, Agreements and deliveries of bluerocks.shop, unless explicitly agreed otherwise in writing.

2.2. If the Customer includes provisions or conditions in his order, confirmation or acceptance notification that deviate from, or are not included in, the General Terms and Conditions, these are only binding on bluerocks.shop if and to the extent that they have been explicitly accepted in writing by bluerocks.shop.

2.3. In the event that specific product or service conditions also apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always invoke the applicable provision that is most favorable to him.

Article 3. Prices and information

3.1. All prices stated on the website and in other materials originating from bluerocks.shop include VAT and, unless stated otherwise on the website, other levies imposed by the government.

3.2. The shipping costs for a product are variable. These costs can also be found on the website. In addition, these costs will be shown during the ordering process.

3.3. The content of the Website has been compiled with the greatest care. However, bluerocks.shop cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from bluerocks.shop are therefore subject to obvious programming and typing errors.

3.4. bluerocks.shop cannot be held responsible for (color) deviations due to screen quality.

Article 4. Formation of the Agreement

4.1. The Agreement is concluded at the moment of acceptance by the Customer of the offer from bluerocks.shop and the fulfillment of the conditions set by bluerocks.shop.

4.2. If the Customer has accepted the offer electronically, bluerocks.shop will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.

4.3. If it appears that incorrect data has been provided by the Customer when accepting or otherwise entering into the Agreement, bluerocks.shop has the right to fulfill its obligation only after the correct data has been received.

4.4. bluerocks.shop can, within legal frameworks, ascertain whether the Customer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, bluerocks.shop has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution, such as advance payment.

Article 5. Registration

5.1. To make optimal use of the Website, the Customer can register via the registration form/account registration option on the Website.

5.2. During the registration procedure, the Customer chooses a username and password with which he can log in to the website after registration. The Customer is responsible for choosing a sufficiently reliable password.

5.3. The Customer must keep his login details, username and password strictly confidential. bluerocks.shop is not liable for misuse of the login details and may always assume that a Customer who logs in to the Website is indeed that Customer. Everything that happens via the Customer's account is the responsibility and risk of the Customer.

5.4. If the Customer knows or suspects that his login details have fallen into the hands of unauthorized persons, he must change his password as soon as possible and/or notify bluerocks.shop thereof, so that bluerocks.shop can take appropriate measures.

Article 6. Execution of the Agreement

6.1. As soon as the order has been received by bluerocks.shop, bluerocks.shop will send the products as soon as possible, with due observance of the provisions in paragraph 3 of this Article.

6.2. bluerocks.shop is entitled to engage third parties in the performance of the obligations arising from the Agreement.

6.3. On the Website, clearly and timely before the conclusion of the Agreement, it will be described how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.

6.4. If bluerocks.shop cannot deliver the products within the agreed period, it will notify the Customer thereof. In that case, the Customer can agree to a new delivery date or he will have the opportunity to dissolve the Agreement free of charge.

6.5. bluerocks.shop advises the Customer to inspect the delivered products and to report any defects discovered within a reasonable time, preferably in writing. See the Article on warranty and conformity.

6.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk regarding these products passes to the Customer. If explicitly agreed otherwise, the risk passes to the Customer earlier. If the Customer decides to pick up the products, the risk passes upon transfer of the products.

6.7. bluerocks.shop is entitled to deliver a similar product of similar quality as the ordered product, if the ordered product is no longer available. The Customer is then entitled to dissolve the Agreement free of charge and to return the product free of charge.

Article 7. Right of withdrawal

7.1. This article only applies to the Customer who is a natural person not acting in the exercise of his profession or business.

7.2. The Customer has the right to dissolve the distance Agreement with bluerocks.shop within 14 days after receipt of the product, without giving reasons, free of charge.

7.3. The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
- if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
- if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
- in Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.

7.4. The Customer must bear the return costs himself. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain at the Customer's own expense.

7.5. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. The Customer will only unpack the packaging and use the product (excluding assembly) to the extent necessary to assess the nature, characteristics and functioning of the products. The basic principle here is that this inspection should not go further than what the Customer would be able to do in a physical store.

7.6. The Customer is only liable for any diminished value of the product resulting from handling of the product other than what is permitted in the previous paragraph.

7.7. The Customer can dissolve the Agreement in accordance with the period stated in paragraph 1 of this Article by sending the model withdrawal form (digitally) to bluerocks.shop, or by making it known to bluerocks.shop in another unequivocal manner that he is canceling the purchase. In the case of a digital notification, bluerocks.shop will confirm receipt of that notification. After dissolution, the Customer still has 14 days to return the product. It is also possible to return the product directly within the reflection period stated in paragraph 1 of this Article, provided that the model withdrawal form or other unequivocal statement of withdrawal is enclosed. Products can be returned in consultation to:

bluerocks.shop | Bouweslân 34 | 9084 EH | Goutum

7.8. Amounts already paid (in advance) by the Customer will be refunded as soon as possible, but no later than within 14 days after dissolution of the Agreement, to the Customer in the same way that the Customer paid for the order. If the Customer has chosen a more expensive delivery method than the cheapest standard delivery, bluerocks.shop does not have to refund the additional costs for the more expensive method. Unless bluerocks.shop offers to pick up the product itself, bluerocks.shop may wait with repayment until bluerocks.shop has received the product or until the Customer demonstrates that he has returned the product, whichever is earlier.

7.9. On the Website, clearly and timely before the conclusion of the Agreement, information will be provided about whether or not the right of withdrawal applies and any desired procedure.


Article 8. Business return policy

8.1. The previous article regarding the right of withdrawal applies mutatis mutandis to business orders, with the understanding that:
- Business Customer must dissolve the Agreement with bluerocks.shop within 14 days after receipt of the product.
- Business Customer will only receive the purchase amount back after receipt of the return by bluerocks.shop.
- Customer is responsible for returning the product and for the costs of returning it.
- Business Customer must return an unused product in undamaged packaging to bluerocks.shop. If Business Customer does not comply with this, bluerocks.shop is entitled to refuse a return or to charge repair costs or damages.
- Amounts already paid (in advance) by Business Customer will be refunded as soon as possible, but no later than within 30 days after dissolution of the Agreement and receipt of the returns by bluerocks.shop.

Article 9. Payment

9.1. The Customer must make payments to bluerocks.shop according to the payment methods indicated in the ordering procedure and possibly on the Website. bluerocks.shop is free in its choice of offering payment methods and these may change from time to time. In the case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.

Article 10. Warranty and conformity

10.1. This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If bluerocks.shop provides a separate warranty on the products, this applies to all types of Customers, notwithstanding the foregoing.

10.2. bluerocks.shop guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, bluerocks.shop also guarantees that the product is suitable for other than normal use.

10.3. If the delivered product does not comply with the Agreement, the Customer must notify bluerocks.shop thereof within a reasonable period after he has discovered the defect.

10.4. If bluerocks.shop deems the complaint justified, after consultation with the Customer, the relevant products will be repaired, replaced or reimbursed. The maximum reimbursement, with due observance of the Article on liability, is equal to the price paid by the Customer for the product.

Article 11. Warranty for business purchases

11.1. bluerocks.shop guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, bluerocks.shop also guarantees that the product is suitable for other than normal use. Otherwise, the product is considered suitable for normal use.

11.2. If the delivered product does not comply with the Agreement upon delivery, the Customer must notify bluerocks.shop thereof within 7 days of delivery at the latest. If the Customer fails to do so, he can no longer claim repair, replacement, etc., if the product was delivered defective.

11.3. If bluerocks.shop deems the complaint justified, after consultation with the Customer, the relevant products will be repaired, replaced or (partially) reimbursed.

Article 12. Complaint procedure

12.1. If the Customer has a complaint about a product (in accordance with the Article on warranty and conformity) and/or about other aspects of bluerocks.shop's services, he can submit a complaint to bluerocks.shop by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.

12.2. bluerocks.shop will respond to the Customer's complaint as soon as possible, but in any case within 2 days after receipt of the complaint. If it is not yet possible to give a substantive or definitive response, bluerocks.shop will, within 2 days after receipt of the complaint, confirm the complaint and give an indication of the period within which it expects to give a substantive or definitive response to the Customer's complaint.

12.3. Customers who are not acting in the exercise of their profession or business can also submit a complaint via the European dispute resolution platform, accessible via http://ec.europa.eu/odr/.

Article 13. Liability

13.1. This Article only applies if the Customer is a natural person or legal entity acting in the exercise of his profession or business.

13.2. The total liability of bluerocks.shop towards the Customer due to an attributable shortcoming in the performance of the Agreement is limited to compensation of at most the amount of the price stipulated for that Agreement (including VAT).

13.3. bluerocks.shop's liability towards the Customer for indirect damage, including in any case – but explicitly not exclusively – consequential damage, lost profit, missed savings, loss of data and damage due to business stagnation, is excluded.

13.4. Outside the cases mentioned in the previous two paragraphs of this Article, bluerocks.shop has no liability towards the Customer for compensation for damage, regardless of the basis on which an action for compensation would be based. The limitations mentioned in this Article, however, lapse if and insofar as damage is the result of intent or gross negligence on the part of bluerocks.shop.

13.5. bluerocks.shop's liability to the Customer for an attributable failure to perform an Agreement only arises if the Customer promptly and properly gives bluerocks.shop written notice of default, setting a reasonable period for remedying the default, and bluerocks.shop still fails to fulfill its obligations after that period. The notice of default must contain as detailed a description of the default as possible, so that bluerocks.shop is able to respond adequately.

13.6. A condition for the existence of any right to compensation for damages is always that the Customer reports the damage to bluerocks.shop in writing as soon as possible, but no later than within 30 days after its occurrence.

13.7. In case of force majeure, bluerocks.shop is not obliged to compensate for any damage suffered by the Customer as a result.

Article 14. Retention of Title Business Purchases

14.1. All delivered goods remain the property of bluerocks.shop until all claims that bluerocks.shop has against the Business Customer (including any associated (collection) costs and interest) have been paid in full.

14.2. Before the aforementioned transfer of ownership, the Business Customer is not authorized to sell, deliver, or otherwise alienate these goods, other than in accordance with its normal business operations and the normal purpose of the goods. In addition, the Business Customer is not permitted to pledge these goods or grant any other right thereon to third parties as long as the