These General Terms and Conditions of the company Bluverd OÜ (hereinafter referred to as “Bluverd”) shall apply to all contracts concluded between a consumer and Bluverd OU relating to all products and/or services presented in the online shop www.blu-verd.com. Bluverd will execute consumer’s order according to the General Terms and Conditions applicable at the time of the order. By placing an order on www.blu-verd.com consumer agrees to be bound by these Terms and Conditions. Please make sure that you have read and understood these Terms and Conditions when using our website. Bluverd reserves the right to revise these Terms and Conditions and consumers or users are responsible for keeping themselves updated with such changes. Consumer can download and save these Terms and Conditions here. The inclusion of the consumer’s own conditions is herewith objected to, unless other terms have been stipulated.
English shall be the language for all negotiations and contracts. The following terms and conditions shall also apply exclusively for all transactions.
Name: BLUVERD OU
Reg. No: 14908298
VAT ID: DE330874923
Address: Lasnamae Street 4b-26, 11412, Tallinn, ESTONIA
E-mail: [email protected]
2. FORMATION OF CONTRACT AND ORDERING
All orders submitted by consumer are subject to acceptance by Bluverd. Bluverd may choose not to accept consumer’s order and reserve the right not to deliver for any reason without any liability to consumer. Examples of when Bluverd may not accept the order include, but are not limited to, incorrect stock level shown on site at the time of receiving the order, incorrect price displayed on the site or if Bluverd is unable to authorize consumer’s payment.
Once Bluverd have received an order consumer will receive an automatic e-mail confirming of the order. Please note that the confirmation e-mail is only an acknowledgement that Bluverd have received consumer’s order and not a binding acceptance of the order. A binding contract is formed when Bluverd sends a shipping confirmation e-mail to consumer.
Bluverd is entitled to accept an offer within 5 calendar days by sending a confirmation of the contract (by post or email), as well as by carrying out the order. If the offer is not accepted by Bluverd within 5 calendar days, the offer shall be deemed to be rejected. No contract is concluded for products that are not listed in the order confirmation.
Bluverd does not guarantee that all items included on the website are in stock at the time of the order. In the event that an item is unavailable consumer will be contacted shortly by phone or e-mail.
Bluverd reserves the right to limit the quantities of products that Bluverd supplies, and/or to refuse any order that is unusual or placed in bad faith. In addition, Bluverd reserves the right to refuse any order from a consumer with whom there is a dispute concerning the payment of a previous order. All attempts at fraud will be reported to the legal authorities and Bluverd reserves the right to cancel the purchase if any suspicion is raised.
3. DISCLAIMER REGARDING PRODUCT INFORMATION
Bluverd cannot guarantee that the content on the page is free of inaccuracies or typographical errors at all times. Neither can Bluverd guarantee that all information is up-to-date and Bluverd may at any time amend the content of the site. Bluverd cannot guarantee that the pictures of the products accurately reflect the true appearance of the products. Bluverd holds the right to change prices, correct incorrect prices on all orders as well as final sales and will give consumer the option of placing a new order with the correct price or canceling the order.
Consumer may purchase products on the website for personal use only and not for resale. By placing an order on the site consumer certifies that consumer is purchasing the product for his or her own personal use and not for resale and that consumer accepts Bluverd’s Terms and Conditions.
Bluverd ships orders to consumer which are in stock no later than 1-5 working days after conclusion of the contract via DHL and Deutsche Post. Orders shipped from Germany and within Europe which are available are normally delivered within 3-6 working days. For shipments to non-European countries, the delivery time depends on the delivery zone, the location of the recipient and custom clearance processes in international deliveries.
When an order leaves Bluverd’s warehouse consumer will receive a tracking number via e-mail which can be used to track the order if consumer choosed tracked shipment option. At any time, consumer can check the status of the package using the link in the shipping notification. Unclaimed packages will be returned to Bluverd. For all unclaimed packages consumer will be debited all fees in connection with both delivery and the return delivery, including any taxes and duties.
If consumer orders a product that was available in accordance with the article description, and Bluverd has not been supplied with this product from its suppliers with no fault of our own, we may withdraw from the contract. In this case, Bluverd will inform consumer immediately and, if applicable, suggests an alternative similar product. If no comparable product is available, or consumer does not want delivery of a comparable product, Bluverd will refund any amounts which have already been paid without delay. The right to withdraw from the contract shall also apply in this case.
Bluverd ensures each purchase during time in transit until it is delivered to consumer. Orders may require a signature upon delivery. Either delivered with signature or without signature at which point responsibility for the shipment passes to consumer. If consumer has specified a recipient other than him or herself for delivery purposes, consumer also accepts that signature by the third party is sufficient proof of delivery and fulfilment by Bluverd. We are currently unable to deliver to post office boxes.
Bluverd is entitled to make partial shipments as far as this does not affect any conflict of interests unreasonably. If a partial delivery become necessary, Bluverd shall accept the additional shipping costs. No further costs shall arise for consumer.
Bluverd offers free deliveries on all orders under particular occasions. These occasions will be clearly stated on Bluverd’s website.
The delivery time is extended appropriately if the delivery is affected by a force majeure situation. Force majeure shall be deemed to be, for example, subsequent material procurement difficulties, riot, strike, lockout, malfunction, fire, natural disasters, transportation disruptions, change to the statutory provisions, official measures or regulations or the occurrence of other unforeseeable events, which are beyond our control and which – taking an objective point of view – have not been caused by any culpable conduct on our part. If one of the above described cases arise Bluverd shall inform the consumer immediately.
All prices are amounts in Euros and include value added tax. Delivery costs shall be added according to the delivery cost list.
7. DISCOUNT CODES
Discount codes can be taken into account at particular period of time defined by Bluverd.
Discount codes do not apply to reduced products.
Discount codes do not apply to previously placed orders.
8. GIFT CARDS
Gift Card Codes send via e-mail.
Gift Card Codes can be taken into account at a particular period of time defined by Bluverd.
This period is defined as 1 (one) year.
Gift Card Codes can be applied to reduced products.
Gift Card Codes do not apply to previously placed orders.
Payment of the voucher or residual value of it, is not possible.
9. SHIPPING & RETURN COSTS
Shipping Costs, Return Shipping Costs and delivery dates are given in the table below.
|Country||Untracked Delivery||Tracked Delivery||Return Label Cost||Delivery Time|
|Andorra||€ 8,00||€ 12,00||No Return Label||2-4 Days|
|Austria||€ 8,00||€ 12,00||12,00 €||2-3 Days|
|Belgium||€ 8,00||€ 12,00||12,00 €||2-3 Days|
|Bulgaria||€ 8,00||€ 12,00||12,00 €||3-5 Days|
|Croatia||€ 8,00||€ 12,00||No Return Label||3-5 Days|
|Cyprus||€ 8,00||€ 12,00||12,00 €||3-6 Days|
|Czechia||€ 8,00||€ 12,00||12,00 €||2-3 Days|
|Denmark||€ 8,00||€ 12,00||12,00 €||2-3 Days|
|Estonia||€ 8,00||€ 12,00||12,00 €||3-5 Days|
|Finland||€ 8,00||€ 12,00||12,00 €||2-3 Days|
|France||€ 8,00||€ 12,00||12,00 €||2-3 Days|
|Germany||€ 8,00||€ 8,00||6,50 €||2-3 Days|
|Greece||€ 8,00||€ 12,00||12,00 €||2-4 Days|
|Hungary||€ 8,00||€ 12,00||12,00 €||2-4 Days|
|Iceland||€ 8,00||€ 12,00||No Return Label||2-4 Days|
|Ireland||€ 8,00||€ 12,00||12,00 €||2-4 Days|
|Italy||€ 8,00||€ 12,00||12,00 €||2-3 Days|
|Latvia||€ 8,00||€ 12,00||12,00 €||3-5 Days|
|Liechtenstein||€ 8,00||€ 12,00||No Return Label||2-3 Days|
|Lithuania||€ 8,00||€ 12,00||12,00 €||2-4 Days|
|Luxembourg||€ 8,00||€ 12,00||12,00 €||2-3 Days|
|Malta||€ 8,00||€ 12,00||No Return Label||2-4 Days|
|Monaco||€ 8,00||€ 12,00||No Return Label||2-3 Days|
|Netherlands||€ 8,00||€ 12,00||12,00 €||2-3 Days|
|Norway||€ 8,00||€ 12,00||No Return Label||2-4 Days|
|Poland||€ 8,00||€ 12,00||12,00 €||2-4 Days|
|Portugal||€ 8,00||€ 12,00||15,00 €||2-4 Days|
|Romania||€ 8,00||€ 12,00||12,00 €||2-4 Days|
|San Marino||€ 8,00||€ 12,00||No Return Label||2-3 Days|
|Slovakia||€ 8,00||€ 12,00||12,00 €||2-3 Days|
|Slovenia||€ 8,00||€ 12,00||12,00 €||2-3 Days|
|Spain||€ 8,00||€ 12,00||12,00 €||2-4 Days|
|Sweden||€ 8,00||€ 12,00||12,00 €||2-3 Days|
|Switzerland||€ 8,00||€ 12,00||12,00 €||2-3 Days|
|United Kingdom||€ 8,00||€ 12,00||12,00 €||2-3 Days|
For shipments to destinations outside the European Union, import duties (customs duties) may apply. Bluverd accepts no liability for any customs costs.
10. PAYMENT & SECURITY
Bluverd accepts Visa and MasterCard, Credit and Debit globally. Unless otherwise stated on the product page (for instance in case of pre-orders), payment is due immediately with the conclusion of the contract.
Bluverd do not store any credit card or other financial information of consumer however in order to process the payments, Bluverd will transmit consumer’s data upon completion of the order via a safe connection to payment service provider. All payments are processed by ABC, a PCI certified, encrypted payment system.
All payments are to be made without deductions to Bluverd. A payment shall be deemed to have been made only after the amount is freely available to Bluverd.
The delivered products shall remain in Bluverd’s ownership until full payment has been made. If consumer comes in arrears with the purchase price payment, Bluverd has the right to withdraw from the contract and to demand the surrender of the products which have not yet been paid. Consumer is obligated to handle the products which have not yet been paid with care.
Bluverd uses Secure Socket Layer (SSL) technology. This encrypts and protects the data consumer sends to Bluverd over the internet. Consumer will see a padlock at the top of the browser, which can be clicked on to find out information about the SSL digital certificate registration.
Consumer will also notice that when looked at the URL field at the top of the browser consumer will see it begin with “https” instead of “http”. This means that consumers and users are in secure mode.
11. WARRANTY & LIABILITY & DISPUTE
Warranty shall be dependent upon the statutory provisions. In case of a complaint or a request Bluverd asks for proof of the purchase meaning invoice, and the reason of complaint. Consumer shall share details of the complaint and pictures for proof with Bluverd via [email protected]
The right to subsequent fulfilment as well as the right to withdraw from the contract or to reduce the purchase price shall be available to the extent provided by law.
Bluverd assumes no liability for damage and defects that arise from improper use, handling and storage, negligent or faulty care and maintenance, by overuse or improper repair.
Warranty period is limited to 6 months from the purchase of the product which subjected to claim.
Bluverd excludes the liability for slightly negligent breaches of duty, provided that no essential contractual duties, damages arising from injury to life, body or health, or guarantees, or claims under the Product Liability Act are affected. The same applies to breaches of duty by Bluverd’s vicarious agents. In the case of damage caused in any other way, Bluverd is liable for intent and gross negligence, also for Bluverd’s vicarious agents, according to the statutory provisions. The same applies to negligent damage from injury to life, body or health. For damage to property and pecuniary loss, Bluverd and Bluverd’s vicarious agents are only liable for negligence caused by a breach of an essential contractual obligation, however the amount is limited to damage which is foreseeable upon conclusion of and typical for contracts. Essential contractual obligations are those, the fulfilment of which characterizes the contract and upon which the consumer can rely on.
Bluverd responsibility for errors in connection to delivery is limited to existing conditions of sale. Bluverd bears no direct or indirect responsibility for example, but not limited to, incompatibility, delivery delays, downtime, data loss, additional work or other economic harm.
Part of the services mediated through the site are maintained by outside organizations. Where Bluverd acts as an agent for such services, Bluverd cannot be held responsible for any errors resulting from their activities. Bluverd cannot be held responsible for any damage caused from using, or not being able to use, the site. Bluverd cannot guarantee a problem-free, uninterrupted, and secure access to the site. The site may contain links to other website beyond Bluverd’s reach. Bluverd cannot be held liable for content or privacy policies of such sites.
If Bluverd disagree regarding consumer’s complaint, Bluverd and consumer have a dispute. Consumer can make a complaint to the Estonian Alternative Dispute Resolution (ADR) at:
Consumer Disputes Committee
Pronksi 12, Tallinn 10117
Consumer can also use the online complaint portal of the EU Commission (ODR) when submitting a complaint. This is particularly relevant if consumer is a consumer residing in a different EU country.
Bluverd will participate in the alternative/online dispute resolution procedure and follow any decision by the ADR/ODR.
Consumer shall read the care instructions; which consumer can find on the label of the products and on care instructions page(link). If every step of care instructions are not properly followed, modifications to the products have been made or care materials are used which we have discouraged, and/or were explicitly declared by Bluverd as non-compatible with the purchased item, or do not meet the minimum average quality claim, no warranty shall be granted.
13. RETURNS & EXCHANGES
Any returns must be shipped/postmarked within 30 days of being received. Returned products should not have been used and needs to be returned in resalable condition with all original packaging intact. Consumer can either exchange for a new item or can get a refund for returned item. In the case of a return, consumer shall pay return fee and shall return the product in accordance with Bluverd return procedure and delivery cost for new article to consumer will be free.
To request a return, consumer shall sign in with e-mail address and go to the return page. Item(s) should be selected whether consumer wants to do a refund, exchange or complaint. Once the return registration is completed, consumer will receive further instructions of how to return the parcel.
Costs for returns are given in #8 SHIPMENT & RETURN COSTS
All returns should be sent to Bluverd’s fulfillment center address;
Am Saalehang 4
06217 Merseburg / Germany
Bluverd assumes no liability for any returns sent other than Bluverd’s fulfillment center, Vireoloxx.
In case of a quality problem on the product which in scope of warranty conditions such as a manufacturing defect, Bluverd will assumes liability and will either send consumer a new product or refund. Bluverd asks for proof of the purchase meaning invoice, and the reason of complaint. Consumer shall share details of the defect and pictures for proof with Bluverd via [email protected]
Bluverd assumes no liability for damage and defects that arise from improper use, handling and storage, negligent or faulty care and maintenance, by overuse or improper repair.
In case of consumer does not want an exchange, product always can be returned and payment will be refunded. All items are fully refunded and any shipping fees paid are also refunded in case consumer returns the full order. Consumer is obliged to arrange and cover the return shipping cost and any potential customs duties and sales taxes are non-refundable by Bluverd.
Refunds will be processed once the returning products have been received at Bluverd’s warehouse and passed the inspection, from which point consumer will receive a refund confirmation e-mail.
The amount will be transferred back to the account or card used within 5 working days; from the time the return has been processed.
Consumer should be aware that it can take up to 10 working days for a return to be received and handled at Bluverd’s warehouse and up to 5 more days until the money arrives on consumer’s account depending on the chosen payment method.
15. DATA PROTECTION, ADVERTISING VIA EMAIL
In the event of the conclusion of the contract, Bluverd will send advertising for similar products by email from time to time; if consumer does not wish to receive such promotional emails, consumer can refute the use of the email address by contacting the following email address: [email protected]
16. STATUTORY RIGHT OF WITHDRAWAL
As a customer of Bluverd, consumer has the right to withdraw from this contract within 14 days without giving any reason.
The right of withdrawal does apply to all contracts for the supply of any kind of products.
The withdrawal period will expire after 14 days from the day on which consumer acquires, or a third party other than the carrier and indicated by consumer acquires, physical possession of the last good or piece of the order.
To exercise the right of withdrawal, consumer must inform Bluverd of the decision to withdraw from this contract by an unequivocal statement. Please inform Bluverd by contacting the following email address: [email protected]
Consumer may use any model withdrawal form provided by local Consumer Agency.
To meet the withdrawal deadline, it is sufficient for consumer to communicate concerning the exercise of the right of withdrawal before the withdrawal period has expired.
17. EFFECTS OF WITHDRAWAL
If consumer withdraw from this contract, Bluverd shall reimburse to consumer all payments received from consumer, including the costs of delivery (with the exception of the supplementary costs resulting from consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by Bluverd), without undue delay and in any event not later than 14 days from the day on which Bluverd is informed about consumer’s decision to withdraw from this contract. Bluverd will carry out such reimbursement using the same means of payment as consumer used for the initial transaction, unless consumer has expressly agreed otherwise; in any event, consumer will not incur any fees as a result of such reimbursement.
Bluverd may withhold reimbursement until the products received back or consumer has supplied evidence of having sent back the products, whichever is the earliest.
Consumer shall send back the products without undue delay and in any event not later than 14 days from the day on which consumer communicates the withdrawal from this contract to Bluverd. The deadline is met if consumer send back the products before the period of 14 days has expired. Consumer will have to bear the direct cost of returning the products.
Consumer is only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
18. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, such as trademarks and copyright, on the site and in the material published on it are owned by or licensed to Bluverd and its affiliates. Consumer is authorized to use this material only for personal, non-commercial purposes. Any use of the site or its content, including copying or storing such content in whole or part, other than for consumer’s own personal, non-commercial use is prohibited without the permission of Bluverd. Consumer may not modify the material in anyway, without the prior written permission of the copyright owner.
19. USER CONTENT
The Bluverd website may include user generated content, e.g. from social media applications. Bluverd does not claim any ownership in rights in such content (images, photos, videos, etc.) and take no legal responsibility for it. In case consumer suspects a violation of copyright, or any other right, or otherwise are offended by such content, consumer shall contact Bluverd customer service.
Bluverd reserves the right to terminate consumer’s account and/or use of the site at its sole discretion. For example, if Bluverd suspects that consumer has in any way breached the Terms and Conditions. Such termination can be made without prior notice.
21. FORCE MAJEURE & GOVERNING LAW
Bluverd has the right to assert force majeure in the event of war, warlike event, civil war, revolution, government sanction, strike, lockout, blockade, natural disaster or the like. This means that the agreement will not need to be fulfilled in part or in full. Should this, contrary to expectation, occur, Bluverd would attempt to notify consumer. Under such circumstances, Bluverd will attempt to resolve all issues in a timely manner.
These Terms and Conditions are compiled in accordance with Estonian law. To the extent permitted by law, Estonian courts will have exclusive jurisdiction over any dispute under this agreement. The laws of consumer’s country may differ from Estonia and there may be additional legal requirements to use this website. Consumer must comply with all applicable local and international laws and regulations regarding of use of our site.
22. FINAL PROVISIONS
Even if individual conditions should be or become invalid, the contract shall remain binding in its other parts. Should a provision be wholly or partially ineffective, the Contracting Parties shall endeavor to achieve without delay the desired economic success despite the invalid provision in another legally permitted way.
Latest Update: 04/07/2020