Terms and conditions
Article 1: General Provisions
- These terms and conditions apply to all offers, agreements and all ensuing actions between Blue Professional Poolware BV, hereinafter: Blue Professional Poolware and you, the customer.
- These terms and conditions also apply if Blue Professional Poolware buys/purchases products/services from third parties and delivers these to you.
- Your conditions explicitly do not apply.
- If a provision in these terms and conditions is invalid or declared void, the remaining provisions will remain valid. You must agree to new provisions. These will correspond as much as possible with the old invalid or nullified provisions.
- The provisions of the agreement take precedence if they conflict with the provisions of these general terms and conditions.
- By ‘products’ is meant the goods for sale, sold and delivered by Blue Professional Poolware.
- In these general terms and conditions, ‘written’ also means by email.
Article 2: When is there an agreement?
- All offers from Blue Professional Poolware are without obligation and are valid for 14 days, unless otherwise agreed in writing. The offer is based on the information you provide. If it appears that this information is incorrect, Blue Professional Poolware may adjust the offer and you will be responsible for the costs.
- When you receive an offer from Blue Professional Poolware and you agree with it, you must sign it and return it to Blue Professional Poolware. The agreement is established upon receipt of the signed quotation or because the work is actually commenced by Blue Professional Poolware.
- If no written offer has been made or signed before delivery, the invoice or delivery note will be considered as order confirmation, which is deemed to represent the agreement correctly and completely.
- Sizes, weights, images, drawings, technical and/or chemical specifications, type, quantity, composition and quality included in the offer are approximate.
- If a change to the agreement leads to higher costs, Blue Professional Poolware may charge this to you.
- You cannot derive any rights from previous offers or promotional material made by Blue Professional Poolware.
Article 3: How does the delivery work?
- Blue Professional Poolware will deliver every performance as agreed in writing and Blue Professional Poolware may use third parties for this.
- The agreed delivery time is not a strict deadline. The delivery period starts at the moment that the agreement is concluded, provided that all required information has been received and any desired payment security has been given. If a timetable is included in the agreement, Blue Professional Poolware will ensure that the delivery times in this timetable are met as much as possible.
- Blue Professional Poolware does not provide the assembly and/or installation.
- Risk for the products is transferred from Blue Professional Poolware to you at the moment that the products are in your possession or that of your assistant.
- Delivery from warehouse:By default, the products are delivered ex-warehouse from Blue Professional Poolware (in Beek and Donk). You must collect the products at the moment that Blue Professional Poolware indicates that they can be collected. If you still have not collected the products – after being ordered to collect – after eight days, Blue Professional Poolware may sell the products to someone else or store them at your risk. You will owe any additional costs, including at least the storage costs. Blue Professional Poolware may terminate the agreement in this case.
- Upon delivery to you:
- If it is agreed that the products will be delivered to you by or on behalf of Blue Professional Poolware, they will be delivered to the address provided by you.
- You must ensure that the storage locations where Blue Professional Poolware must deliver the products are accessible without hindrance and without risk. You must accept the products as soon as they are delivered to you. If you refuse the products upon delivery or do not provide sufficient information necessary for delivery, the products will be stored at your risk by Blue Professional Poolware. You will owe any additional costs, including at least the storage costs.
- The costs of delivery, including packaging, transport and transport insurance will be at your expense. These costs are not included in the price lists or quotes you have received from Blue Professional Poolware.
- Materials required for carrying out the delivery, including pallets and all types of packaging, remain the property of Blue Professional Poolware at all times.
Article 4: What can you expect from Blue Professional Poolware?
- Blue Professional Poolware will carefully carry out its work to the best of its knowledge, experience and science. Blue Professional Poolware will look after your interests to the best of its ability.
- Blue Professional Poolware will treat all your data confidentially, insofar as Blue Professional Poolware should know that it is confidential data.
Article 5: What are your obligations?
- You must provide Blue Professional Poolware with all the information that Blue Professional Poolware needs to perform its work properly and on time. You are responsible for ensuring this information is correct.
- Blue Professional Poolware only needs to perform a rough test the information you provide and only against the standards within the field of Blue Professional Poolware.
- If there is a delay in the performance of the agreement, and this delay is attributable to you, all costs and damages that result from this will be at your expense and risk.
- If you provide timely notification that the products delivered do not comply with the agreement, Blue Professional Poolware will carry out the necessary repairs as quickly as possible. If the products do not meet the provisions stated in the agreement, but as a result of you having acted contrary to the agreement, the costs of this repair will be charged to you.
- You are required to inspect and check delivered products immediately upon receipt. Any objections, faults or defects must be reported in writing immediately (within five days after delivery) to Blue Professional Poolware. Without this notification, the products in question are deemed to have been delivered without damage, faults or defects and it is assumed that Blue Professional Poolware has delivered in accordance with the agreement.
- Complaints regarding defects and/or defects that are not immediately visible must be reported in writing immediately (within five days after discovery) to Blue Professional Poolware so that Blue Professional Poolware is able to investigate the complaint and carry out repairs if necessary.
- Reporting a complaint does not suspend your payment obligation.
- You ensure that the spaces in which products supplied by Blue Professional Poolware under warranty meet the requirements that apply for the products delivered by Blue Professional Poolware to function normally.
Article 6: What are the costs of the Blue Professional Poolware products?
- The costs to be paid in euros are laid down in the agreement.
- All costs stated are exclusive of VAT.Other levies imposed by the government, transport and delivery costs, travel and accommodation costs abroad and the use of special installations are also not included.
- Blue Professional Poolware has the right to change the price during the contract period in connection with price developments. This includes among other things: changes in taxes, levies, wages, social security charges, exchange rates, energy prices or other circumstances that entail an increase in the costs for Blue Professional Poolware. Changes take effect within one month of notification. Do you disagree with changing the costs? You can cancel the agreement with Blue Professional Poolware in writing within eight days after notification of the change, from the date on which the change in question takes effect.
- If you have not yet met all your (payment) obligations under the agreement, Blue Professional Poolware may postpone its obligations until you have met all your (payment) obligations.
- You accept that the amount of the costs of the agreement can be influenced if the parties decide to change the approach, working method and/or scope regardless of which party has given cause for this. Costs for additional work/products will be discussed orally and charged to you separately.
Article 7: How to pay for Blue Professional Poolware products?
- Blue Professional Poolware will send you an invoice directly, which you must pay within 14 days of the invoice date.
- You are not entitled to suspend payments, for any reason, or to offset them against (alleged) claims on Blue Professional Poolware.
- When Blue Professional Poolware delivers in parts, each part may be invoiced separately.
- For professional parties, if you do not pay within the agreed period, you are immediately in default and interest will be due after the due date of the invoice. This interest will be the same as the statutory commercial interest. You will also be charged all (extra) judicial collection costs made by Blue Professional Poolware. These costs amount to at least 15% of the principal sum with a minimum of € 150.
- Blue Professional Poolware has the right to demand security from you for the fulfilment of your (payment) obligations. Blue Professional Poolware is also authorised to change the payment conditions if it is of the opinion that your financial position or your payment behaviour gives cause for this.
- Do you object to the invoice? In that case, you must inform Blue Professional Poolware in writing within 14 days of the invoice date. If you do not do this, the invoiced amount will be considered to have been accepted. Objections to the invoice do not suspend your payment obligation.
Article 8: When does the agreement end?
- The agreement is entered into for the duration as included in the agreement.
- Both parties have the option to cancel the agreement in writing. This is only possible at the end of the contract period or, if the contract has been entered into for an indefinite period, with a notice period of one month.
- If you cancel the agreement, you must reimburse the costs that must be incurred by Blue Professional Poolware as a result.
- If you cancel the agreement, you must compensate Blue Professional Poolware for the costs incurred or to be incurred as a result thereof and the damage it suffers, up to a reasonable amount, without prejudice to Blue Professional Poolware’s right to claim compensation, if and to the extent that the damage exceeds the reasonable amount.
- Blue Professional Poolware may immediately, without prior notice to you, suspend or fully or partially dissolve the performance of the agreement if:
- you do not fulfil your obligations (on time) under the agreement and/or refuse to provide payment security;
- in case of bankruptcy, (provisional) suspension of payment, a guardianship order, debt restructuring or shutdown, liquidation or full or partial transfer of your company or death.
Blue Professional Poolware does not have to pay compensation to you and it also has the right to claim compensation and/or payment itself. If one of these circumstances occurs, you will immediately be in default.
- Blue Professional Poolware has the right to continue to perform the agreement.
Article 9: How to use the website?
- All prices and rates mentioned on the website and mailings from Blue Professional Poolware are exclusive of VAT and subject to price changes, programming and typing errors.
- Product images do not always have to match the appearance of the products supplied. In particular, after product renewal of the manufacturer, changes may occur in the appearance and packaging of products. You cannot submit a complaint about defects found if it concerns the aforementioned changes to the product.
Article 10: What is considered force majeure, and what are the consequences?
- Force majeure means that there are circumstances that prevent Blue Professional Poolware from delivering its products, or delivering its products on time or properly, without Blue Professional Poolware being at fault. In the event of force majeure, there is no attributable shortcoming on the part of Blue Professional Poolware.
- Examples of force majeure are: fire, theft, molestation, riot, strike, company occupation, business disruption, war, storm, situations of inaccessibility of the work, changes in regulations and failure to perform by a supplier of Blue Professional Poolware.
- In the event of force majeure, Blue Professional Poolware may suspend the execution of the agreement or dissolve the agreement (in part) without owing you compensation for this.
- If Blue Professional Poolware has already fulfilled part of its obligations under the agreement upon the commencement of the force majeure, Blue Professional Poolware is entitled to separately invoice the part already delivered or the work performed.
- If the force majeure lasts longer than 60 consecutive days, you may terminate the agreement in writing. Blue Professional Poolware does not owe you any compensation.
Article 11: Quality and samples
- Blue Professional Poolware guarantees the quality of the products as described in the agreement.
- If it has been agreed that samples will be provided by Blue Professional Poolware, the transport costs thereof will be at your expense. The samples only serve as an indication, the products actually delivered may deviate from this.
Article 12: Retention of title
- All products supplied by Blue Professional Poolware remain the property of Blue Professional Poolware until you have paid the full amount due.
- You may not pledge or otherwise encumber these products delivered under retention of title.
- If a third party seizes these products delivered under retention of title or wishes to establish a right to them, you must notify Blue Professional Poolware as soon as possible.
- You are obliged, if possible, to insure the products delivered under retention of title and to keep them insured against fire, explosion and water damage as well as theft. If Blue Professional Poolware requests this, Blue Professional Poolware may view the insurance policy.
Article 13: Intellectual property rights
- You may not publish or reproduce the work of Blue Professional Poolware unless Blue Professional Poolware gives you written permission for this. Blue Professional Poolware has the copyright on all works produced by or on its behalf.
- You remain the owner of the documents that you have provided to Blue Professional Poolware for inspection.
- All intellectual property rights, including, but not limited to, copyrights, trademark rights and database rights, on the information, texts, images, logos, photos and illustrations on the internet site and on the layout and design of the internet site belong to Blue Professional Poolware and/or its licencors. You may not infringe on these rights, which also includes making copies of the internet site other than technical copies required for the use of the internet site.
Article 14: Confidential information and personal data
- Parties are obliged to keep confidential all confidential information they receive about the company from the other party. This also applies to third parties engaged.
- Information is confidential if this is indicated as such by one of the parties.
- If Blue Professional Poolware is the controller within the meaning of the General Data Protection Regulation (hereinafter: GDPR), Blue Professional Poolware is responsible for the protection of personal data, the use of which Blue Professional Poolware requires for the correct preparation and implementation of the agreement.
- Blue Professional Poolware processes personal data with the utmost accuracy and care and in accordance with the GDPR.
- Blue Professional Poolware only uses the personal data to the extent that this is necessary to be of service to you or to execute the agreement with you. Personal data will not be kept longer than is legally permitted or necessary to fulfil obligations under the agreement.
- Blue Professional Poolware takes technical and organisational measures to ensure an adequate level of security with regard to personal data, taking into account the state of the art and the nature of the processing.
- If you want to invoke one of your rights based on the GDPR, this request can be submitted in writing at email@example.com. Blue Professional Poolware will process this request within the legal deadlines.
Article 15: Warranty
- In case of a separate warranty statement: Blue Professional Poolware guarantees the quality of the products supplied for a period as specified in the warranty statement.
- In case of no separate warranty statement: Blue Professional Poolware guarantees the quality of the products delivered for a period equal to the warranty given by the manufacturer.
- If Blue Professional Poolware is liable for a defect under warranty, Blue Professional Poolware has the right to replace the product, or deliver any missing part of the order within a reasonable period of time after you have informed Blue Professional Poolware of a defect. If Blue Professional Poolware performs properly within the period, the agreement has been correctly fulfilled and you are not entitled to compensation. Labour (costs) are excluded from the warranty. We may charge you these costs.
- Warranty does not apply in the event of force majeure.
- Warranty is only granted if you have met all (financial) obligations. Any claim to warranty expires if the products supplied by Blue Professional Poolware have been handled and/or processed by you improperly and/or the instructions given by Blue Professional Poolware (including those in the manuals) have not been followed properly. Warranty also does not apply to normal wear and tear.
- No warranty is granted on goods delivered that were not new at the time of delivery or on goods prescribed or supplied by you or on your behalf.
- In case of electrical faults, the product must be offered to Blue Professional Poolware. Blue Professional Poolware starts the investigation into the cause of the defect. If the claim is unjustified, Blue Professional Poolware will charge research costs. When the claim is justified, the research costs will lapse.
Article 16: Who is responsible for what?
- Blue Professional Poolware provides its services to the best of its knowledge and abilities. However, Blue Professional Poolware cannot guarantee that a desired result will be achieved at a specific time.
- Blue Professional Poolware cannot be held liable for damage. Not even if this damage is directly or indirectly related to delay or suspension. Blue Professional Poolware is only liable if the damage is due to intent or wilful recklessness.
- If Blue Professional Poolware is liable for defects in products supplied by Blue Professional Poolware, Blue Professional Poolware is only obliged to repair the defects or – at the discretion of Blue Professional Poolware – to deliver a product that is the same or equivalent at the original place of delivery, or – at the discretion of Blue Professional Poolware – to compensate the damage by payment.
- If Blue Professional Poolware is liable, this liability is limited to the amount paid out per event with regard to this damage by the professional or business liability insurance of Blue Professional Poolware. If the maximum insured amount is higher than the amount of the assignment, Blue Professional Poolware is only liable up to the amount of the assignment related to the services provided.
- Damage such as business and/or stagnation damage, consequential damage, loss of sales and/or profit, loss of production or depreciation of products is excluded from compensation.
- If third parties carry out work on your behalf, Blue Professional Poolware is not liable for costs and damage caused by acts or omissions by you or third parties involved in the delivery/project. If a third party makes a claim on you for compensation for damage, you cannot pass this claim on to Blue Professional Poolware.
- The information on the website is compiled and maintained by Blue Professional Poolware with constant care and attention. However, errors may occur. No rights can therefore be derived from the information provided on the website. Blue Professional Poolware accepts no liability for damage resulting in any way from the use of the website or from the incompleteness and/or inaccuracy of the information provided on the website and/or damage as a result of the (temporarily) unavailability of the website.
- Blue Professional Poolware is not responsible for photos, descriptions and other information material on the website issued by third parties.
- Any liability of Blue Professional Poolware expires if you do not invoke the shortcoming within one year after delivery of products or services.
Article 17: Amendments to the terms and conditions
- Blue Professional Poolware can make changes to the general terms and conditions at all times, without prior notice.
- Blue Professional Poolware can announce changes to these terms and conditions by posting it on its website or communicating it in another way. Changes also apply to existing agreements.
Article 18: Disputes and applicable law
- In the event of a dispute arise, you must go to the competent judge of the Oost-Brabant court. The option to initiate a dispute with the court expires after one year after the reason for the dispute has arisen.
- Dutch law applies to all agreements and these general terms and conditions and actions arising from them.