1.1 These general terms and conditions apply to all products offered and agreements concluded by Blue Ocean Europe BV . (after this point Blue Ocean)
1.2 Björn Hendal is a brand(name) owned by Blue Ocean. The Björn Hendal website is aimed at the global market.
1.3 The provisions of these general terms and conditions may only be deviated from with the explicit written permission of Blue Ocean.
1.4 If you (the customer) also refer to your own general terms and conditions, those terms and conditions of the customer are not applicable.
1.5 Where these general terms and conditions refer to delivery, delivery is understood to also include the performance of services and activities of any nature whatsoever.
2. Offers and concluding agreements
2.1 Blue Ocean does not guarantee the accuracy of the information presented on this website. This site is intended as a reference for goods and services that can be delivered. Prices and specifications are subject to change without notice.
2.2 An offer by the Buyer to enter into an agreement is considered to have been made when Björn Hendal receives the order form completed by the Buyer. An agreement is entered into upon confirmation by Björn Hendal by e-mail.
2.3 Any additional arrangements and/or commitments are only binding if set out in writing by Blue Ocean.
2.4 The Buyer and Blue Ocean explicitly agree that a valid agreement is concluded through the medium of electronic communication as soon as these terms and conditions and the ordering procedure have been fulfilled. In particular, the lack of a signature does not diminish the binding force of the offer and the acceptance.
3.1 All prices are expressed in EURO, Our prices are including 21 % VAT. Customers pay reasonable shipping costs. See FAQ on www.bjornhendal.com We ship Worldwide with FedEx.
3.2 The method of packaging and shipping and the choice of packaging material will be determined by Blue Ocean. Unless otherwise agreed, packaging will not be taken back by Blue Ocean.
3.3 Blue Ocean's prices are based on the cost factors applicable at the time of concluding the agreement.
3.4 Should price lists, order confirmations and price statements of Blue Ocean contain incorrect prices, Blue Ocean reserves the right to still charge the correct price. The Buyer may then dissolve the agreement by notifying Blue Ocean thereof in writing within 10 days. After approval by Blue Ocean, the customer may then return any goods already delivered. The costs will be borne entirely by the customer. Blue Ocean reserves the right to enforce a restocking fee of 30% of the purchase price including VAT.
3.5 Changes or erroneous indications of price, description and offers as given on the site are conditional and are subject to change at any time.
4. Payment options
Blue Ocean operates according to the principle of prior payment. Once the order form has been sent, the customer will receive an electronic invoice. You can pay by making use of Stripe (www.stripe.com). Stripe is the best software platform for internet transactions. Stripe enables you to make payments safely using your credit card. Once the customer has paid Blue Ocean the amount owing, the order will sent to the customer in the order form being given address. If you have any questions, please send an e-mail to firstname.lastname@example.org
5. Delivery and delivery time
5.1 The delivery times stated by Blue Ocean are an explicit indication, but are never to be considered as deadlines, unless explicitly otherwise agreed in writing. Upon late delivery or non-delivery, Blue Ocean must be notified of failure to meet the delivery term and subsequently given a reasonable term to fulfill the order.
5.2 The delivery terms stated by Blue Ocean commence as soon as the order is confirmed by e-mail by an authorized Blue Ocean customer service employee.
5.3 As soon as the products to be delivered are delivered to the customer at the appropriate destination, the risk relating to these products is transferred to the customer. If the products to be delivered are brought to the delivery address but cannot be delivered, or are delivered to the post office, the risk transfers at the moment that the products are offered but cannot be delivered or are delivered to the post office.
5.4 If the Buyer requests that the delivery of products take place in a manner other than the normal method, then Blue Ocean may charge the associated costs to the Buyer.
5.5 If the Buyer is dissatisfied with the products delivered for any reason within a term of 10 working days following the delivery date, the Buyer is authorized to return the products in question to Blue Ocean, so long as they are accompanied by the payment receipt, return receipt and original, undamaged packaging.
5.6 The trial period as described in paragraph 5.6 can only be invoked after notification to email@example.com electronically (by e-mail).
5.7 Products returned within the trial period as described in paragraphs 5.6 and 5.7 must be in Blue Ocean's possession no later than 20 days after the delivery date.
5.8 If the products in question are returned in accordance with paragraphs 5.6, 5.7 and 5.8, Blue Ocean will effect crediting of the amounts already paid, minus the costs of shipping. Blue Ocean reserves the right to refuse the return of shipments that do not meet the provisions of the applicable paragraphs. Blue Ocean is not responsible for any costs arising therefrom.
5.9 Blue Ocean will inspect the products immediately or no later than 10 days after return.
5.10 If the products are damaged, Blue Ocean will deduct the lower of the following costs from the amount to be credited: The repair costs or the value of the product.
5.11 If the Buyer retains the products, then the Buyer thereby expresses its irrevocable and complete acceptance of the products. Of course, the guarantee provisions remain effective in full.
6. Retention of title
6.1 Notwithstanding the actual delivery, ownership of the products transfers to the Buyer only after the Buyer has paid all associated costs in full, including any costs of activities performed or to be performed in regard to the products.
6.2 The Buyer may not transfer, encumber, sell, deliver or alienate the products prior to the transfer of ownership thereof.
7.1 Unless explicitly otherwise indicated, all products displayed by Blue Ocean are subject to the standard manufacturer's guarantee as issued by Blue Ocean. This applies both for the term and the procedural conditions.
7.2 The guarantee relates to defects or failures of articles due to manufacturing defects. Of course, Blue Ocean bears no responsibility whatsoever for such defects.
7.3 In the event that a defect falls under the manufacturer's guarantee, the provisions of Article 10, including sub-paragraphs, do not apply.
8. General obligations and responsibilities
8.1 The buyer is fully responsible for the choice, use and application of the products and/or services provided by Blue Ocean.
8.2 If the ownership of a product has not yet been transferred to the Buyer, the Buyer will treat and use the product in question with due care and in accordance with any/any further conditions of use of Blue Ocean or its vendors.
8.3 The Buyer will inform Blue Ocean in writing immediately if any element of the product is lost or damaged.
8.4 The buyer is obliged to inspect the products upon receipt and inform Blue Ocean immediately of any faults.
9. Intellectual property
9.1 All rights and intellectual property relating to the products provided to the Buyer and those relating to this website are held by Blue Ocean or its vendors. Intellectual property rights include patent rights, copyrights, trademark rights, design and model rights and/or other rights/intellectual property rights, also including sui generis rights to databases and topography of semiconductor products or other products, as well as non-patentable technical and/or commercial know-how, methods and concepts.
9.2. The Buyer may not copy any product or portion thereof provided to it by Blue Ocean, nor make any changes or adaptations for any purpose other than private use, without prior explicit permission.
9.3 The Buyer may not use the trademarks of Blue Ocean for any purpose other than relating to the product itself.
9.4 Blue Ocean declares that to the best of its knowledge, the products do not infringe on the globally applicable intellectual property rights of third parties. If an action on the basis of infringement of such rights is instituted, or if the possibility exists that such an action will be instituted, then Blue Ocean may act according to its own discretion, including but not limited to replacing the trademark or product in question or acquiring the right to continue the use of the trademark or product in question.
9.5 The Buyer will notify Blue Ocean in writing immediately upon being held liable or upon any legal measure based on the position that Blue Ocean's use of products infringes on any globally applicable intellectual property right.
9.6 Blue Ocean accepts no liability on the basis of infringement as defined in paragraph 3 and/or 4 of this Article if the infringement is related to the fact that the buyer has adapted and/or changed the product without the explicit prior permission of Blue Ocean in writing.
10.1 Excepting the obligations arising from the guarantee, Blue Ocean is under no circumstances liable for the payment of any damages to the Buyer and/or third parties, unless due to intent or gross negligence on the part of Blue Ocean.Blue Ocean is not liable for consequential loss, direct and/or indirect damages, loss of profit and/or loss due to business stoppage, including damages suffered by the buyer arising from any delivery or lack thereof of goods and/or by the goods themselves.
10.2 Blue Ocean is not liable for the proper and unimpeded functioning of the telecommunications infrastructure and peripherals used and/or crash and/or inaccessibility of its system. This includes, but is not limited to, disruptions relating to higher priority data, disruptions in the connection with internet providers, disruptions in the telecommunications connections used, full utilization of lines, loss of electrical power and other disruptions.
10.3 Blue Ocean is not liable for any damages caused by the temporary or permanent unavailability of the ordering option or inaccessibility or removal of its website due to maintenance or other causes.
10.4 The Buyer is obliged to indemnify Blue Ocean against all liability claims of third parties that third parties may direct against it based on the performance of this agreement, insofar as the law does not bar the damages and/or costs in question being borne by the Buyer.
10.5 Blue Ocean accepts no liability whatsoever in regard to the information it provides on the products it offers. Blue Ocean also rejects all liability for the advice and responses it gives.
11. Force majeure
11.1 If due to force majeure Blue Ocean is unable meet its obligations, these obligations are suspended for the duration of the condition of force majeure.
11.2 If the condition of force majeure continues for 14 days, either party may dissolve the agreement in whole or in part by means of a written statement, without either party being entitled to any compensation or damages.
11.3 Blue Ocean defines force majeure as any circumstance beyond its control that impedes, whether fully or partially, its fulfillment of its obligations towards the Buyer and/or that entails that the fulfillment of its obligations cannot reasonably be required of it, regardless of whether those circumstances were foreseeable at the time of concluding the agreement. These circumstances also include strikes, lockouts and/or stagnation or other problems in the production of Blue Ocean or its vendors, and/or governmental measures, as well as the failure to obtain any required permits stipulated by the authorities.
11.4 Both the Buyer and Blue Ocean will inform each other as soon as possible upon the occurrence of a state of force majeure or the threat of force majeure.
12. Applicable law the law of the country in which delivery takes place applies to all offers made and agreements concluded by Blue Ocean.
13. Dispute resolution
All disputes of any nature whatsoever relating to and/or arising from offers, agreements, and deliveries by us will be settled by the competent court in Rotterdam, unless the law designates a different court as the competent court. Blue Ocean is registered in the trade register of the Chamber of Commerce and Industry in The Hague under number 69693226.