Terms & Conditions

Email: info@geefblink.nl
Website: www.jouwblink.nl

Article 1 – Definitions

  1. Blink: Blink Giving B.V. , established in Breda, KvK number 89433203.
  2. Client: the person with whom Blink has entered into an agreement; this is often the giver of a Blink gift.
  3. Parties: Blink and the client together.
  4. Blink gift: the gift that the Client gives to the Consumer with which the Consumer can select a gift in the webshop www.jouwblink.nl.
  5. Consumer: a Customer who is also an individual acting as a private person. The Consumer has received a gift (Blink gift/voucher) with which a gift can be selected in the webshop www.jouwblink.nl.
  6. Blinkers: the credit the Consumer receives to select a gift in the webshop www.jouwblink.nl.

 

Article 2 – Applicability

  1. These terms and conditions shall apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Blink.
  2. Blink and the Client may deviate from these terms and conditions only if agreed in writing.
  3. Blink and the Client expressly exclude the applicability of the general terms and conditions of the Client or others.

 

Article 3 – Prices

  1. Blink applies prices in Blinkers in the webshop. The Concument has received a Blink gift, paid for by the employer, which represents a value in Blinkers.
  2. Any other costs or credits chosen in our webshop will always be named and will be in Euros.
  3. Blink may always change the prices of its services and products on its website and in other communications.
  4. Blink and the Client agree on a total amount for a service by Blink as a target price, unless otherwise agreed in writing.

 

Article 4 – Payments and validity

  1. The Consumer settles with the credit to Blinkers at the end of the order. The order can only be completed if the full credit has been used.
  2. Blink has agreed with the Customer (often employer) on a service to be delivered. For this, the Concument receives a credit with which they can select a gift within a period previously agreed with the Client. After this period, the Consumer’s right to redeem the credit expires.

 

Article 5 – Delivery

  1. Delivery takes place while supplies last.
  2. Delivery takes place to the address indicated by the Consumer in the webshop or digitally to the e-mail address indicated by the Consumer.

 

Article 6 – Delivery time

  1. The delivery times of Blink are indicative. If delivery takes place later, the Consumer cannot derive any rights from this, unless otherwise agreed in writing.
  2. The delivery period starts when the Consumer has fully completed the ordering process and has received a confirmation thereof from Blink.
  3. The Consumer and Customer will not receive compensation and may not undo the agreement when Blink delivers later than agreed.

 

Article 7 – Actual delivery

  1. The Consumer must ensure that the actual delivery of his ordered products can take place on time.

 

Article 8 – Packaging and shipment

  1. If the packaging of a delivered product has been opened or damaged, the Consumer must have a note of this made by the carrier before taking delivery of the product. If the Consumer fails to do so, he cannot hold Blink liable for any damage.

 

Article 9 – Storage

  1. When the Consumer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Consumer.
  2. Any additional costs resulting from premature or late purchase of products are entirely for the Consumer’s account.
  3. If the Consumer chooses a gift with a credit in the form of a value or service, such as a gift card or experience, the risk lies with the Consumer to spend/spend it before the end of the term indicated when purchasing the credit. Blink cannot be held liable for late redemption of this credit/gift.

 

Article 10 – Warranty

  1. 1. When the Client and Blink have entered into an agreement with a service character, this agreement contains for Blink only an obligation of effort and thus no obligation of result.
  2. The warranty on products only applies to defects caused by faulty manufacturing or construction or faulty materials.
  3. The warranty does not apply:
  • in the case of normal wear and tear
  • for damage caused by accidents
  • for damage resulting from modifications made to the product
  • for damage caused by negligence or improper use by the Customer
  • if the cause of the defect cannot be clearly determined
  1. The risk of loss, damage or theft of the products delivered by Blink shall pass to the Customer and/or Consumer as soon as they are legally or actually delivered, or at least come under the control of the Customer and/or Consumer or of a third party who takes delivery of the product on behalf of the Customer and/or Consumer.

 

Article 11 – Indemnification

  1. The Customer and Consumer shall indemnify Blink against all claims of others related to the products and/or services provided by Blink.

 

Article 12 – Complaints

  1. The Consumer must examine a product delivered or service rendered by Blink for any shortcomings as soon as possible.
  2. If a product delivered or service rendered does not comply with what the Consumer could reasonably expect, the Consumer must inform Blink thereof within one weeks from the date of delivery.
  3. The Consumer will provide as detailed a description of the shortcoming as possible, so that Blink can respond appropriately.
  4. The Consumer must prove that the complaint relates to an agreement between the Customer and/or Consumer and Blink.
  5. If a complaint concerns work in progress, the Client and/or Consumer cannot demand that Blink perform any work other than that agreed upon.

 

Article 13 – Notice of default

  1. The Consumer must notify Blink in writing of any notice of default.
  2. The Consumer is responsible for ensuring that his notice of default actually reaches Blink on time.

 

Article 14 – Liability of Blink

  1. Blink is only liable for damage suffered by the Consumer if that damage was caused by intent or conscious recklessness.
  2. When Blink is liable for damages, this only applies to direct damages related to the execution of an underlying agreement.
  3. Blink is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.
  4. If Blink is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance policy. If no insurance is taken out or no amount of damages is paid out, the liability is limited to the (part of the) invoice amount to which the liability relates.
  5. All illustrations, photographs, color, drawings, descriptions on the website or in a catalog are only indicative and cannot lead to any compensation, dissolution or suspension.

 

Article 15 – Expiration period

  1. Any right of the Consumer to compensation from Blink expires 1 month after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.

 

Article 16 – Force majeure

  1. In addition to article 6:75 of the Dutch Civil Code, a shortcoming of Blink by the Consumer cannot be attributed to Blink in case of force majeure.
  2. The force majeure situation in paragraph 1 includes:
  • a state of emergency such as civil war or natural disaster
  • default or force majeure of suppliers, deliverers or others
  • bankruptcy of a supplier, gift card supplier or acceptor of a gift card issued by Blink
  • power, electricity, internet, computer or telecom failures
  • computer viruses
  • strikes
  • government measures
  • transport problems
  • adverse weather conditions
  • work interruptions
  1. If a force majeure situation occurs as a result of which Blink cannot fulfill 1 or more obligations to the Consumer, those obligations will be suspended until Blink can fulfill them.
  2. From the moment a force majeure situation has lasted for at least 30 calendar days, both the Consumer and Blink may cancel the agreement in writing in whole or in part.
  3. Blink does not have to pay compensation to the Consumer in a force majeure situation, even if Blink benefits from this.

 

Article 17 – Modification of agreement

  1. When it is necessary for its execution to amend a concluded agreement, Blink may amend the agreement.

 

Article 18 – Amendment of general terms and conditions

  1. Blink may amend these general terms and conditions.
  2. Amendments of minor importance may always be made by Blink.
  3. Major amendments will be discussed by Blink with the Client in advance to the extent possible.

 

Article 19 – Transfer of rights

  1. The Consumer cannot transfer any rights from an agreement with Blink to others without written consent from Blink.
  2. This provision applies as a clause with property law effect as per article 3:83 paragraph 2 of the Dutch Civil Code.

 

Article 20 – Consequences of nullity or voidability

  1. Should one or more provisions of these general terms and conditions prove to be null and void or voidable, this shall not affect the other provisions of these terms and conditions.
  2. A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what Blink had in mind when drafting the terms and conditions on that point.

 

Article 21 – Applicable law and competent court

  1. Dutch law is applicable to these general terms and conditions and any underlying agreement between the Client, Consumer and Blink.
  2. The court in the district of Blink’s place of business is exclusively competent to take cognizance of any disputes between the Client, Consumer and Blink, unless otherwise provided by law.
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