1. Definitions
- Customer: Companies registered with the Dutch Chamber of Commerce (KvK) or non-profit organizations.
- Consumer: A natural person who purchases Products and/or Services from Buzz for private use.
- Distrixs trading under the trade name Buzz-shop.
- Delivery Date: The date or period indicated by Buzz on which Products and/or Services will be delivered.
- Price: The price of Products excluding transport costs and insurance.
- Products: Goods which the Customer commits to purchase from Buzz.
2. Applicability
2.1 These Terms & Conditions apply to all offers made by Buzz and to all agreements concluded.
2.2 Deviations from these Terms & Conditions can only be agreed upon in writing, in which case the remaining provisions shall remain in full force.
2.3 If the Customer refers to its own Terms & Conditions, such terms shall not apply unless expressly agreed to in writing by Buzz.
2.4 By placing an order, the Customer accepts these Terms & Conditions as well as all other rights and obligations stated on the website.
3. Offers and Conclusion of Agreements
3.1 Offers or quotations should be regarded as an invitation to the Customer to make an offer. Buzz is in no way bound by this, unless expressly confirmed in writing. Acceptance of the invitation by the Customer constitutes an offer and only leads to an agreement once the conditions set forth in this article are met.
3.2 Offers are valid while stocks last. Buzz is not bound by any offer if there are printing, typographical, or programming errors on its website or in mailings.
3.3 Buzz reserves the right to pass on any price changes that occur between the time of quotation and order confirmation.
3.4 A quotation issued in the Customer’s name is valid for 10 days, unless otherwise stated in the quotation.
3.5 An offer from the Customer as referred to in 3.1 is deemed to have been made in one of the following circumstances:
- (1) The Customer clearly specifies which product and/or service they wish to purchase.
- (2) Buzz has issued a quotation in the Customer’s name and this has been signed by the Customer and received by Buzz.
- (3) The Customer has entered the required data on the designated order screen of the website and this information has been transmitted and received electronically by Buzz.
3.6 An agreement is concluded:
- In case of an offer as referred to in 3.5 under (1): at the moment Buzz has expressly accepted the offer.
- In case of an offer as referred to in 3.5 under (2): at the moment Buzz has handed over an order confirmation to the Customer.
- In case of an offer as referred to in 3.5 under (3): at the moment a confirmation email is sent to the email address provided by the Customer.
3.7 The Customer and Buzz expressly agree that agreements concluded through electronic communication are valid as soon as the conditions of 3.5 and 3.6 are met. The absence of a handwritten signature does not affect the binding nature of the offer and acceptance. The electronic records of Buzz shall, to the extent permitted by law, serve as evidence.
3.8 Information, images, oral, telephone or email communications, and specifications relating to all offers and the main characteristics of Products are presented or provided as accurately as possible. However, Buzz does not guarantee that all offers and Products fully correspond with the provided information. Deviations cannot in principle be grounds for compensation and/or cancellation.
4. Price and Payment
4.1 The Price and other costs payable by the Customer, including transport, insurance, and VAT, are clearly stated in Buzz’s quotation and/or order confirmation and on the invoice.
4.2 Customers must contact Buzz immediately if they discover any error or discrepancy in their order confirmation and/or invoice, in order to avoid disputes regarding what Buzz was required to deliver.
4.3 For orders placed via the website, payment can be made using the payment methods indicated on the site.
4.4 Buzz may expand the available payment methods in the future. New payment methods will be announced via the website.
4.5 For orders placed other than via the internet, Customers must pay in advance, unless otherwise agreed in writing.
4.6 If payment has not been received by the invoice due date, the Customer shall, after notice of default, owe statutory interest on the outstanding amount. Non-consumers shall owe statutory interest plus an additional 2%.
4.7 All (extra)judicial costs of any kind incurred by Buzz as a result of the Customer’s failure to meet their (payment) obligations shall be borne by the Customer.
4.8 In the event of late payment, Buzz is entitled to immediately terminate the agreement or suspend further delivery until the Customer has fulfilled their payment obligations in full, including payment of interest and costs due.
4.9 If Buzz has reasonable doubt about the Customer’s ability to pay, Buzz is entitled to postpone delivery of ordered Products until the Customer has provided adequate security for payment to Buzz’s satisfaction. The Customer shall be liable for any damages suffered by Buzz as a result of the delayed delivery.
4.10 The Customer must pay the invoice upon order placement, unless otherwise agreed with Buzz.
4.11 Deviating payment terms shall always be stated on the order confirmation and invoice.
5. Delivery and Delivery Time
5.1 Orders will be delivered as quickly as possible. Delivery times stated in quotations and on the website are indicative only and can never be considered as strict deadlines. Buzz will execute accepted orders with due speed and within a maximum of 30 days. If this is not possible, Buzz will contact the Customer.
5.2 Deliveries take place at the address provided by the Customer when the agreement was concluded.
5.3 As soon as the Products have been delivered to the specified delivery address, the risk relating to these Products passes to the Customer. This risk transfer only applies if the total order amount does not exceed EUR 5,000. For higher amounts, the risk passes to the Customer at the moment the order is handed over to the carrier.
5.4 If a delivered order, shipped via DPD, DHL, or another carrier, is returned to sender for any reason, the order will be canceled and the full order costs will be charged to the Customer. These costs must then be paid within 14 days.
6. Retention of Title
6.1 Ownership of the Products, notwithstanding actual delivery, shall not pass to the Customer until the Customer has fully paid all amounts owed to Buzz under any agreement, including payment of interest and costs, as well as for earlier or later deliveries and any work performed or to be performed with respect to the Products.
6.2 The Customer may not encumber, sell, resell, transfer, or otherwise dispose of the Products before ownership has passed to them.
7. Acceptance and Right of Withdrawal
7.1 The Customer is obliged to carefully inspect the Products immediately upon receipt.
- Consumers (B2C): Products purchased may be returned within fourteen (14) days of delivery, provided that the Product, its original packaging, and any included accessories are free of use damage and can be returned by parcel service.
- Business Customers (B2B): The statutory right of withdrawal does not apply. Returns are only possible if expressly agreed in writing with Buzz, or in case of non-conformity as described in article 7.3.
7.2 In addition to the previous paragraph, the Customer may not return a Product in any of the following situations:
- The Product was custom-made for the Customer.
- The Product was used or damaged during the inspection period.
- The Product is incomplete.
- The Product does not include all items supplied by the manufacturer upon delivery.
- The Product is not in its original, undamaged factory packaging (packaging carefully opened by the Customer will not be regarded as damaged packaging).
- The Product is clearly personal in nature.
- The Product cannot be returned due to its nature.
- The Product is perishable or may age quickly.
- The Product is computer software with a broken seal.
If Buzz receives a Product in any of the above conditions, a value analysis will be made per Product. Any resulting costs will be charged to the Customer.
7.3 Non-consumers (B2B) may only reject Products due to non-conformity or visible deviations from what was agreed upon within 7 days after delivery. Thereafter, the Products shall be deemed to have been accepted.
7.4 The costs of returning a Product shall be borne by the Customer, unless otherwise agreed in writing.
7.5 Transport damages must be reported to Buzz within 1 business day of receipt of the shipment.
7.6 Before returning a Product, the Customer must request an RMA number. If a Product is received without an RMA number, it will be returned directly to the sender.
8. Warranty and Liability
8.1 Buzz guarantees that the Products will be free from defects for twelve months from the Delivery Date, unless otherwise stated in the order confirmation. If the Product shows a defect within the warranty period, Buzz will repair or replace it free of charge within a reasonable time.
8.2 If the delivered Product does not conform to the agreement, the Customer must notify Buzz immediately upon discovery.
8.3 Notwithstanding the provisions of this article, no warranty applies in the following cases:
- If changes have been made to the Product, including repairs carried out without the consent of Buzz or the manufacturer.
- If the original invoice cannot be presented, has been altered, or made illegible.
- If the Product fully complies with the manufacturer’s specifications.
- If defects result from improper or non-designated use.
- If damage was caused by intent, gross negligence, or lack of proper maintenance.
8.4 Returns under warranty are at the sender’s expense, unless otherwise agreed.
8.5 If a Product returned under warranty is not eligible for warranty treatment, all incurred costs will be charged to the sender.
8.6 Before returning a Product, the Customer must request an RMA number. If a Product is received without an RMA number, it will be sent back directly to the sender.
9. Liability
9.1 Buzz limits its liability, regardless of the grounds, to the invoice value of the order. Any further or additional liability is excluded, unless prohibited by law. Buzz shall never be liable for consequential or business damages, indirect damages, or loss of profit or revenue.
9.2 The Customer shall indemnify Buzz against any third-party claims relating to the execution of the agreement, insofar as the law does not prevent that such damages and costs should be borne by the Customer.
9.3 Buzz’s website may contain links to other websites that may be of interest or informative to visitors. Such links are provided for informational purposes only. Buzz is not responsible for the content of the websites referred to, nor for the use thereof.
10. Force Majeure
10.1 In the event of force majeure, Buzz is not obliged to fulfill its obligations towards the Customer, and the obligation will be suspended for the duration of the force majeure situation.
10.2 Force majeure is understood to mean any circumstance beyond Buzz’s control that wholly or partially prevents the fulfillment of its obligations to the Customer. Such circumstances include, but are not limited to: strikes, fire, business interruptions, power failures, late or non-delivery by suppliers or third parties engaged, and the absence of any permit to be obtained from the government. Force majeure also includes failures in (telecommunication) networks or connections, or the unavailability of Buzz’s website at any given time.
11. Confidentiality
Each party must treat all confidential information, or information that reasonably should be considered confidential, received from the other party in the same manner as it treats its own confidential information.
12. Consumer Rights
These Terms & Conditions have been drawn up in accordance with Dutch legislation and are regularly updated.
If any provision of these Terms & Conditions is not in compliance with Dutch consumer law, the relevant legislation shall prevail.
13. Applicable Law and Jurisdiction
These Terms & Conditions are governed by Dutch law.
In the event of disputes, a court in the Netherlands shall have jurisdiction.
For disputes between a consumer and Distrixs, the court in the consumer’s place of residence or actual domicile shall also have jurisdiction.
14. Miscellaneous
14.1 Buzz-shop, trading under the name Distrixs, is located at Lorentzstraat 89, 2665 JG Bleiswijk, the Netherlands, and is registered with the Chamber of Commerce, Haaglanden region, under number 55762875. The VAT identification number is NL 1795149.B01. Please send all correspondence regarding an agreement or these Terms & Conditions to the above address or to the email address stated on the website.
14.2 Buzz-Shop.nl aims to process and, if necessary, respond to emails received within 48 hours.
Annex I – Model Withdrawal Form
Modelformulier voor herroeping
(Complete and return this form only if you wish to withdraw from the agreement)
| To: | Distrixs |
| Returnadres: Lorentzstraat 89, 2665 JG, Bleiswijk | |
| E-mail: info@buzz-shop.nl |
I/We* hereby notify you that I/We* withdraw from our agreement concerning:
-
The sale of the following products: [ product description ]*
-
The delivery of the following digital content: [ digital content description ]*
-
The performance of the following service: [ service description ]*
withdraw/withdraws*
Ordered on/Received on:** [ date of order for services or receipt of products ]
[ Name of consumer(s) ]
[ Address of consumer(s) ]
[ Signature of consumer(s) ] (only if this form is submitted on paper)
*Delete what does not apply or complete as appropriate.