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1. What is Bluehouse World?
Bluehouse World is an online platform that brings together conscious brands, information and consumers.
As a conscious brand, you can offer your products and services to consumers. We view criteria such as eco-friendly, sustainable, ethical and transparent (regarding information about materials, ingredients and production processes) as conscious.
With this platform we strive to make it easier for everyone to change consumption habits, lower our footprint on the world and to spread the word to others, making an impact on society for the better from the bottom up.
We are an intermediary platform. Brands and consumers enter into a direct agreement with each other when a consumer purchases a product or service from a brand. You determine the purchase price, shipping costs, delivery time and available delivery method and the other conditions that apply to the purchase, including any return options. The consumer agrees to these conditions when making the purchase. While we facilitate reaching such agreement, we are not a party to it.
Our activities as a platform may be legally qualified as an intermediary service. In that regard you expressly agree that we act as an intermediary for both parties to the agreements between you. We have no conflict of interest in doing so and we charge a fee only to the brands, by deducting a percentage of each purchase price as service fee and charging a payment processing fee, which is transparent in these terms of service.
In case we also sell or deliver any products or services ourselves, we make this transparent within our platform.
2. Who are these terms of service for?
Are you a brand? Then these terms of service apply to you. We have a separate set of terms of service for consumers.
These terms apply to all use of our platform and services.
All these documents are available in the registration and ordering process for you to review, where you will also find an option to save or print them for later examination. They are also easily electronically accessible on our website. Upon request they will be sent to you free of charge and without delay.
3. Accounts are strictly personal.
We welcome everyone to join our platform, but only real people. We do not accept fake accounts and you are obliged to register your real name and use your real email address when creating your account.
Please note that it is allowed to have someone manage your account, but you will remain fully responsible for what this person does in your name.
4. Respect our community guidelines.
Please respect our community guidelines. These are an expression of our values and essential for anyone to have the right to use our platform. They are an integral part of these terms of service, as are all other documents to which these terms of service refer.
5. What can (not) be sold on our platform.
The essence of our platform is that it contains conscious brands, products and services only. While we understand that to be 100% conscious would mean not to produce anything, we do not accept greenwashing or (other) misleading information, products, services or practices.
You represent that you, the products and services you offer on our platform and the information you provide to us and consumers are in compliance with all applicable laws and not in violation of any law or third party rights. You also represent that your products and services are in line with at least three of our Blue Labels and not in breach with any one of them. You represent that you will comply with our sustainability statement. You may not sell any products that are on our prohibited items list. You also represent that all of your products and services are offered making use of accurate and complete information and photos, including a complete list of materials used to make the product and packaging and information on the production process.
In case this representation is breached, we will inform you and allow you to remedy this breach. In case we have doubts, you will provide us with all information necessary to determine whether there is a breach on our first request. We may suspend your account during our review.
In case of a serious violation of your representation, we have the right to immediately terminate your account and remove all of your products, services and information from our platform. In this case you will also incur an immediately due and payable penalty of € 2,500, without limiting our right to full compensation of damages that we suffer as a result of this violation.
6. Selling on our platform.
By joining our platform you may offer products and services directly to consumers that are on our platform. You can set up a selling profile or have your own store on our platform (My Store), after which we will communicate your offers on our website for consumers to find.
Please note that you are offering products and services on our platform directly to consumers. If a consumer purchases your product or service through the ordering process, this person is accepting your offer and you are entering into a direct agreement with the consumer. We are not a party to this agreement.
Therefore it is essential that you determine and clearly communicate the purchase price, shipping and other costs, taxes, available delivery methods, delivery time and other conditions that apply to all of your offers. You must also communicate your return policies with regard to possible mandatory withdrawal rights for consumers. You have to make sure that consumers know what to expect.
Please also note that you have an obligation to comply with applicable laws and regulations that apply to offering goods and services to consumers, such as information rights. You are solely responsible for such compliance. We disclaim any liability in that respect.
In order to receive payment, you need to create an account with our payment services provider Mollie. Please use the functionality in your account on our platform to do so. Please always keep your payment and other information accurate at all times so transfers can be processed without delay.
Payments that are made by consumers to your name will be shown on the dashboard in your account and we will transfer these amounts to your bank account on a monthly basis. Per transaction with a consumer we will deduct a service fee for our services equal to 10% of the amount including VAT that was paid by the consumer and a payment processing fee that depends on the payment method. The 10% service fee includes VAT. You can find an overview of the payment processing fees here. In order to allow for these payment methods offered by Mollie we will also charge you a monthly fee of € 2.00 + 0.20%.– excluding VAT, starting from your first sale on the platform. any liability in that respect.
Starting soon, brands may opt-in to “My Store”, a subscription package offering an expanded set of tools for growing brands. The fee for this subscription is €10.- excluding VAT per month. This fee is deducted from your current balance each month and reflected in your payment account.
We have the right to suspend our payment obligations in case you breach these terms of service or the community guidelines. We also have the right to set off our payment obligations against any claim we may have on you, irrespective of the legal relationship from which this claim follows.
You are solely responsible for the performance of any obligation to pay taxes, including turnover taxes and income taxes, and social security contributions that are payable with respect to any payments received on the basis of transactions through our platform. You are also solely responsible for taking any disability insurance. You indemnify us against all claims by tax and social security authorities with regard to income taxes and/or social security contributions that relate to payments made to you on the basis of these terms of service.
We reserve the right to change the service fee and payment processing fees if necessary.
7. Rating system.
After each order, the consumer has the option of evaluating your and the product or service the consumer purchased. The rating system may only be used for this purpose.
Please provide truthful and factual information in each communication with regard to evaluations and do not make any insults or unreasonably disparaging statements.
It is inadmissible for brands to rate themselves or have others do it for them. We reserve the right to remove such reviews.
If you feel that someone has given an incorrect or unacceptable rating, please contact us at firstname.lastname@example.org. If the author refuses to change or withdraw the rating, Bluehouse may decide at its own discretion whether the rating will continue to appear on the platform.
If you violate these principles, you will compensate us for the damages this causes. In particular, you are obliged to indemnify us from third party claims that may be asserted against us due to any misleading information you provide.
8. Intellectual property rights.
Subject to your compliance with these terms of service, we provide you with the right to access and use our platform to present yourself and offer your products and services to consumers.
You authorise us to reproduce and communicate the information and content you provide to us or that you upload to our platform on our platform, including to modify it in order to be able to do so.
In order to promote our platform and all brands on it, you also authorise us to use the information and content you provide, including your trade name, trademark and logo, on our website, on social media, in ads and in other ways at our discretion.
You provide these licences to us in order for us to provide and promote our services to brands and consumers and therefore these licences are limited thereto. These licences are royalty-free, non-exclusive, worldwide and sublicensable. These licences are irrevocable and terminate with your account, but we may continue using your information and content in promotions during some time thereafter, unless you notify us in writing to stop doing so, clearly specifying the work in question.
You guarantee that all products, services, information, photos, files and other data you add to our platform do not violate any laws or infringes any third party rights. You indemnify us against any third party claims in respect thereof.
The name Bluehouse World, our logo and the different graphic elements of the style of our platform are protected by our intellectual property rights or those of our licensors. You may not use or register any or these without our express written prior permission, whether in the Netherlands or abroad.
It is prohibited to collect and use any listings, descriptions or prices of products or services offered on our platform or other data on our platform for commercial use by you or any third party, unless we expressly allow any use of specific content in writing.
Please inform us immediately if you notice anything on the platform that is in violation of any third party rights or laws (email@example.com).
9. Warranties on the platform.
We aim to keep our platform and services available to you on a continual basis, but maintenance work, security updates, or events or disruptions beyond our control may disrupt our services or your account during times. We do not guarantee or warrant that your use of the platform will be uninterrupted, timely, secure or error-free. We cannot be held liable for any loss or damage arising in connection therewith.
Our platform is available to you if you have a computer or device with internet access and an up to date internet browser. You have the obligation to take sufficient security measures with regard to your device and the software you use. Please note that we cannot be held responsible for the devices and software you use in making use of our platform, nor can we be held responsible for errors or loss or damage of data during transfer of files or data to our platform through computer networks or telecommunication facilities not controlled or operated by us.
To the maximum extent permitted by law, our platform and services are offered on an “as is” and “as available” basis without any warranty, express or implied. We reserve the right to make changes to our platform and services at all times.
Please understand our platform is not an archive or storage facility. Make sure you always keep the information and content you provide to us in other locations as well. We are not liable for any loss of files or data.
10. Data protection and privacy.
Please note that you are an independent controller of the personal data of consumers that we provide to you, as defined in the EU General Data Protection Regulation (EU 2016/679 GDPR). You are therefore solely responsible for the processing thereof and for any personal data that consumers provide to you directly, through communications functions on our platform. We play no role in this personal data processing, either individually or collectively with you. You indemnify us against any third party claim in respect thereof, whether instigated by consumers, any representatives of consumers and including penalties by data protection authorities.
11. What we do if you breach our terms.
In case we have reason to believe you are violating, or have violated these terms of service or the community guidelines, we have the right to:
- remove your offers, posts, comments or other information or content from our platform;
- suspend your account;
- terminate your account.
We will inform you of the reason for such actions.
We shall not terminate an account until after we have notified you in writing of the violation. In case the violation is of such a nature that it may be corrected, we shall give you a reasonable term to do so, but as we have an obligation to look out for the interests of the platform and all brands and consumers using it, we will decide which nature the violation is.
We are not liable in any way for any damages that may result from the actions we take on the basis of your violation of these terms of service or the community guidelines.
As you are using our platform to interact with others and to enter into legal relationships with consumers, we require that you fully indemnify us and hold us harmless, to the maximum extent permitted by applicable law, against any third party claim and all damages or costs that we suffer, including reasonable attorney’s fees, in relation to (i) a breach of these terms of service or the documents referred to herein, (ii) a breach of your agreement with a consumer, (iii) an unlawful act, (iv) a violation of another person’s intellectual property or other rights or (v) a breach of any laws and regulations.
13. Limitations of our liability.
As a matter of prudent business practice, we limit our liability for any damages that may occur as a result of a breach in the performance of our obligations or an unlawful act attributable to us. To be precise, to the maximum extent permitted by law, our liability is limited to damages that are the direct and immediate result of a breach or unlawful act.
We are therefore not liable for indirect or consequential damages, such as those in the form of loss of turnover, loss of profit, interruption of business, loss of data, damage to data, and damage claims of third parties.
In addition, the amount of our liability is at all times limited to the amount paid out under our general liability insurance, or an amount of € 500.-, whichever is higher.
The limitations of liability do not apply in the case of intent or deliberate recklessness on the part of Bluehouse World.
Nothing in these terms of service affects your statutory rights and nothing in these terms of service excludes or limits our liability for any matter in respect of which it would be unlawful for us to exclude or restrict our liability. This may include (without limitation, depending on your country of residence): (i) death or personal injury caused by our negligence; and (ii) fraud or fraudulent misrepresentation.
14. The law that governs these terms and what we do in case of any disputes.
Our platform may be used all over the world, but we do not aim our platform or website at any specific countries. We therefore use one set of terms of service and these are governed by the laws of our home country, the Netherlands, with the exclusion of its conflict of law rules. The Netherlands is a member state of the European Union and our laws provide a high level of protection for consumers and data subjects. The applicability of the Vienna Sales Convention is expressly excluded.
Any dispute between us will be exclusively submitted to the competent court in Amsterdam, the Netherlands.
15. Changes to these terms.
We may change these terms of service or the documents referred herein at any time.
We will publish any changes on our website and in case of any changes that significantly affect your rights and obligations, we will inform you thereof by email at least 30 days prior to the changes coming into effect, giving you the right to review and save or print the revised document for later examination. You have the right to terminate your account during that period in case you find the changes to be unacceptable, but you may of course always terminate your account or subscription in accordance with these terms anyway.
16. Other formal legal provisions.
Terms and conditions used by you are explicitly rejected and do not form any part of the agreement between us. Deviations from these terms of service are made up in writing.
Should a provision of these terms and conditions become partially or fully ineffective, the other provisions shall remain unaffected. The ineffective provision is, in such a case, considered to be replaced by a provision that is effective and differs as little as possible from the content and scope of the original provision.
These terms of service also apply on behalf of our group companies, directors, employees, contractors and representatives that we engage in performing our services.
We may transfer our legal relationship with you and any of our rights or obligations that follow from these terms of service to any third party that will reasonably continue our platform. This may occur, for example, in case of a restructuring within our group of companies or in case of a merger or acquisition. Such transfer does not require your express permission, but you can always use your termination rights under these terms in case you do not find a transfer acceptable.
You may not transfer our legal relationship or any rights or obligations that follow from these terms of service to any third party without our prior written consent. This provision has effect under property law as determined in article 3:83 paragraph 2 of the Dutch Civil Code, which means that any transfer in breach of this provision will be null and void.