TERMS AND CONDITIONS

Welcome to Bodhi Melbourne . These terms and conditions apply to all agreements you make with Bodhi Melbourne . By placing an order with Bodhi Melbourne , you agree to these terms and conditions. If you have any questions about these terms and conditions, please contact our customer service team at support@bodhi-melbourne.com .

Article 1 - Definitions 

The following definitions apply in these terms and conditions.

Withdrawal period: the period within which the consumer can exercise the right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or commercial activity and who enters into a distance contract with the entrepreneur.

Day: calendar day.

Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: an agreement under which, within a system organised by the entrepreneur for the distance selling of products and/or services, until the conclusion of the contract, exclusive use is made of one or more distance communication techniques.

Distance communication technique: means that can be used to conclude an agreement, without the consumer and the entrepreneur being in the same room at the same time.

General Conditions: these General Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Company Name: Nesoub

Chamber of Commerce Number: 96325860

Commercial name: Bodhi Melbourne

VAT number: 

Customer Service: support@bodhi-melbourne.com

Company address: Hugo de grootkade 3H, 1052 LN, Amsterdam

Article 3 - Applicability

These general terms and conditions apply to all offers of the entrepreneur and to all distance contracts and orders concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be consulted at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.

In the event that, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs will apply mutatis mutandis and, in the event of a conflict between the general conditions, the consumer may always rely on the applicable provision that is most favorable to him.

If one or more provisions of these general terms and conditions are at any time totally or partially void or annulled, the contract and these general terms and conditions shall nevertheless remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that comes as close as possible to the purpose of the original.

Situations not provided for in these general terms and conditions must be evaluated "in the spirit" of these general terms and conditions.

Uncertainties as to the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur has the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make an adequate assessment of the offer. If the entrepreneur uses images, these truthfully represent the products and/or services offered. Obvious or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the contract.

Product images are a faithful representation of the products offered. The operator cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular.

The price, excluding customs clearance costs and import VAT. These additional costs will be borne and at the risk of the customer. The postal and/or courier service will use the special regulation for postal and courier services with regard to imports. This regime applies if the goods are imported into the EU country of destination, as in the case in question. The postal and/or courier service collects the VAT (with or without customs clearance costs applied) from the recipient of the goods.

Any shipping costs.

the methods of concluding the contract and the actions necessary for this purpose.

whether or not the right of withdrawal applies.

the methods of payment, delivery and execution of the contract.

the deadline for accepting the offer or the deadline within which the trader guarantees the price.

the level of the distance communication tariff if the costs of using the distance communication technique are calculated on a basis other than the normal basic tariff for the means of communication used.

whether the contract is archived after its conclusion and, if so, the manner in which it can be consulted by the consumer.

the methods by which the consumer, before concluding the contract, can verify and, if he wishes, rectify the data provided by him within the scope of the contract.

the languages other than Dutch in which the contract can be concluded.

the codes of conduct to which the professional is subject and the way in which the consumer can consult such codes of conduct electronically.

And the minimum duration of the distance contract in case of a long-term transaction.

Optional: available sizes, colors, type of materials.

Article 5 - The Contract

Subject to the provisions of paragraph 4, the contract comes into force when the consumer accepts the offer and satisfies the conditions set out therein.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of such acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to protect the electronic transfer of data and must ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may - within the framework of the legal provisions - inquire whether the consumer is able to fulfill his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request or to impose special conditions for the implementation, stating the reasons.

The entrepreneur shall include the following information in the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier.

The address of the entrepreneur's establishment where the consumer can submit complaints.

The conditions and methods under which the Consumer can exercise the right of withdrawal or, where applicable, clear information on the exemption from the right of withdrawal.

Information on existing warranties and after-sales services.

The data referred to in Article 4, paragraph 3, of these terms and conditions, unless the professional has already provided them to the consumer before the execution of the contract.

The requirements for termination of the contract if the contract has a duration of more than one year or is indefinite. In the case of a transaction of duration, the provision of the previous paragraph applies only to the first delivery.

Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the possibility to dissolve the contract without giving reasons for a period of 30 days. This reflection period begins on the day after the consumer or a representative previously designated by the consumer and communicated to the entrepreneur has received the product.

During the reflection period, the consumer will treat the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep it. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, he must notify the trader within 30 days of receiving the product. The consumer must notify this via written message/email. After expressing the desire to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.

If the customer has not expressed the desire to exercise the right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but at the latest within 14 days of the revocation. This is subject to the condition that the product has already been received by the entrepreneur or conclusive proof of complete return can be presented.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is provided for the products referred to in paragraph 1. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly indicated this in the offer, or at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products.

Which have been created by the entrepreneur based on the specifications of the consumer.

Which are clearly of a personal nature and cannot be returned due to their nature.

Which deteriorate or age rapidly and whose price is subject to fluctuations on the financial market beyond the control of the Entrepreneur.

For individual newspapers and magazines.

For audio and video recordings and computer software where the consumer has broken the seal.

For hygiene products whose seal has been broken by the consumer. The exclusion of the right of withdrawal is possible only for services related to accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period.

Delivery has begun with the express consent of the consumer before the expiry of the withdrawal period for betting and lotteries.

Article 9 - The Price

During the validity period indicated in the offer, the prices of the products and/or services offered will not undergo increases, except for price variations due to changes in VAT rates.

Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond his control, with variable prices. This link with fluctuations and the fact that the prices indicated are indicative prices will be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

Price increases starting 3 months after the conclusion of the contract are only permitted if the entrepreneur has concluded it and.

are the result of legal provisions or regulations or the consumer is entitled to withdraw from the contract on the day on which the price increase takes effect.

According to Section 5, paragraph 1 of the Turnover Tax Act 1968, the place of delivery is the country in which the transport begins. In this case, the delivery takes place outside the EU. Accordingly, the postal or courier service will collect the import VAT or customs clearance costs from the customer. Accordingly, the entrepreneur will not charge any VAT.

All prices are subject to printing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force at the time of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.

The guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.

Any defective or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days of delivery. The return of the products must take place in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has personally repaired and/or modified the delivered products or has had them repaired and/or modified by third parties.

The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in contrast with the entrepreneur's instructions and/or on the packaging.

The defect is wholly or partly the result of standards that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 - Delivery and Implementation

The entrepreneur undertakes to pay the utmost attention to the receipt and execution of product orders.

The place of delivery is the address that the consumer has made known to the company.

Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will be informed of this at the latest 30 days after the order has been sent. In this case, the consumer has the right to dissolve the contract without costs and the right to any damages.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of dissolution.

If the delivery of an ordered product is impossible, the entrepreneur will endeavor to deliver a replacement item. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are borne by the entrepreneur.

The risk of damage and/or loss of the products is borne by the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration of Transactions, Duration, Resolution and Extension

Withdrawal

The consumer may withdraw at any time from a contract of indefinite duration concluded for the regular delivery of products (including electricity) or services, subject to compliance with the agreed withdrawal rules and a maximum notice period of one month.

The consumer may withdraw from a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed period, in compliance with the agreed withdrawal rules and with a notice period not exceeding one month.

Consumers may withdraw from the contracts referred to in the previous paragraphs.

withdraw at any time and not be limited to withdrawing at a specific time or within a specific period.

terminate at least in the same way in which they were stipulated.

always withdraw with the same notice period that the entrepreneur has established for himself.

Extension

A fixed-term contract concluded for the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a fixed term.

By way of derogation from the preceding paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months, if the consumer can withdraw from this renewed contract towards the end of the renewal with a notice period not exceeding one month.

A fixed-term contract concluded for the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer can withdraw at any time with a notice period of no more than one month and a notice period of no more than three months in the case where the contract concerns the regular, but less than monthly, supply of newspapers and magazines.

A fixed-term contract for the regular supply of daily or weekly newspapers on an introductory basis (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract lasts more than one year, after one year the consumer may terminate the contract at any time with a maximum notice of one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

Orders are placed via the entrepreneur's website. After placing the order, the consumer receives a confirmation email containing the order details. All payments are processed via the payment method selected by the consumer when placing the order.

Article 14 - Complaints Procedure

Complaints regarding the performance of the contract must be submitted to the entrepreneur within 7 days in a complete and clearly described manner, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If the complaint is deemed valid by the entrepreneur, the latter will, at his discretion, replace or repair the delivered products free of charge.

Article 15 - Responsibility

The entrepreneur makes every effort to deliver the products and services correctly. In case of damage or otherwise, the entrepreneur will not be liable, unless it is due to intent or gross negligence.

Article 16 - Intellectual Property

All texts, images and other materials on our website are the property of the entrepreneur. Nothing on this website may be copied or reproduced without the express permission of the entrepreneur.

Article 17 - Disputes

The contracts between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. Even if the consumer resides abroad.

Article 18 - CESOP

Due to the measures introduced and made more stringent from 2024 onwards in relation to the "Amendment to the Turnover Tax Act 1968 (Wet implementatie Richtlijn betalingsdienstaanbieders)" and thus the implementation of the Central Electronic Payment Information System (CESOP), payment service providers can register data in the European CESOP system.

Article 19 - Product Images

Product colors and materials may vary slightly from the images on our web store due to natural variations and screen settings. We do our best to provide an accurate representation, but slight differences are possible. Please take this into account when making your purchasing decision.