GENERAL TERMS AND CONDITIONS
For the rental of domestic appliances from BSH Huishoudapparaten B.V.
1. Definitions
The following definitions apply in these terms and conditions:
1. Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
2. Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
3. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
4. Day: calendar day;
5. Digital content: data that are produced and supplied in digital form;
6. Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
7. Durable medium: every means - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
9. Trader: a natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers from a distance;
10. Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
11. Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
12. Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.
2. Identity of the trader
BSH Huishoudapparaten BV
Taurusavenue 36, 2132, LS Hoofddorp
Telephone number: 088-4244567 (available Monday-Saturday between 09:00-17:00)
Email address: info@bluemovement.com
Chamber of Commerce number: 33172709
VAT identification number: NL006653789B01
3. Applicability
1. These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between an trader and a consumer.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
4. The offer
1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
5. The contract
1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5. The trader will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
a. the office address of the trader’s business location where the consumer can lodge complaints;
b. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
e. the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
f. if the consumer has a right of withdrawal, the model form for right of withdrawal.
6. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.
6. Right of withdrawal
Upon delivery of products:
1. When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
2. The period stipulated in para. 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
a. if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;
c. with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.
Upon delivery of services and digital content that is not supplied on a material medium:
3. A consumer has the right to dissolve a contract, without giving reasons, for the supply of digital content that is not supplied on a material medium during a period of at least fourteen days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
4. The period stipulated in para. 3 commences on the day after the contract was concluded.
Extended withdrawal period for products, services and digital content that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal:
5. If the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.
6. If the trader provided the consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received the information.
7. Consumers’ obligations during the withdrawal period
1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
2. The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.
3. The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.
8. Consumers who exercise their right of withdrawal and the costs involved
1. A consumer who wants to exercise his right of withdrawal shall report this to the trader, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
3. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not declared that the consumer shall bear these costs or if the trader indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.
6. If the consumer exercises his right of withdrawal, after first explicitly having asked that the service provided or the delivery of gas, water or electricity not prepared for sale shall be implemented in a limited volume or a given quantity during the period of withdrawal, the consumer shall owe the trader a sum of money that is equivalent to that proportion of the contract that the trader has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.
7. The consumer shall bear no costs for implementing services or the supply of water, gas or electricity not prepared for sale – in a limited volume or quantity – or for delivering city central heating, if:
a. the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal, the costs payable in the event of withdrawal or the model form for right of withdrawal, or:
b. the consumer did not explicitly ask about the commencement of implementing the service or the delivery of gas, water, electricity or city central heating during the period of withdrawal.
8. The consumer shall bear no costs for the entire or partial supply of digital content that is not supplied on a material medium, if:
a. prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;
b. he did not acknowledge having lost his right of withdrawal upon granting his permission; or
c. the trader neglected to confirm this statement made by the consumer.
9. If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.
9. Traders’ obligations in a case of withdrawal
1. If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
2. The trader reimburses the consumer immediately with all payments, including any delivery costs the trader charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which the trader has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
3. For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
4. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.
10. Precluding the right of withdrawal
The trader can preclude the right of withdrawal for the following products and services, but only if the trader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:
1. Products or services whose prices are subject to fluctuations on the financial market over which the trader has no influence and which can occur within the period of withdrawal;
2. Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full completion of the service, but only if:
a. implementation started with the explicit prior agreement of the consumer; and
b. the consumer declared having lost his right or withdrawal as soon as the trader had completed the contract in full;
4. Package travels, package holidays and package tours as referred to in article 7:500 BW and contracts on passenger transport;
5. Service contracts providing access to accommodation, if the contract already stipulates a certain date or period of implementation and other than for the purpose of accommodation, the transport of goods, car rental services and catering;
6. Contracts relating to leisure activities, if the contract already stipulates a certain date or period of implementation;
7. Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;
8. Products subject to rapid decay or with a limited shelf-life;
9. Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
10. Products that, due to their nature, have been irretrievably mixed with other products;
11. Alcoholic drinks whose price was agreed when concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the trader has no influence;
12. Sealed audio/video-recordings and computer apparatus whose seal was broken after delivery;
13. Newspapers, journals or magazines, excluding subscriptions to these;
14. The delivery of digital content other than on a material medium, but only if:
a. the delivery commenced with the consumer’s explicit prior agreement, and
b. the consumer declared that this implied his having lost his right of withdrawal.
11. The price
1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
2. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
4. Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. Prices stated in offers of products or services include VAT.
12. Contract fulfilment and extra guarantee
1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
2. An extra guarantee arrangement offered by the trader, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil his part in the contract.
3. An extra guarantee is defined as every commitment of a trader, his supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.
13. Supply and implementation
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is deemed to be the address that the consumer makes known to the company.
3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
4. Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.
5. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.
14. Extended duration transactions: duration, termination and prolongation
Termination:
1. The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.
2. The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
3. With respect to contracts as described in the first two paragraphs, the consumer can:
terminate them at all times and not be limited to termination at a specific time or during a specific period;
terminate them in the same way as that in which they were concluded;
always terminate them subject to the same period of notice as that stipulated for the trader.
Prolongation:
4. A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.
5. In departure from that which is stated in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if the consumer is at liberty to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three months.
7. A fixed term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial period or introductory period.
Duration:
8. If the fixed-term of a contract exceeds one year, then after one year the consumer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.
15. Payment
1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after the consumer received confirmation of the contract.
2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
4. If a consumer fails to fulfil his payment obligation(s) in good time, after the trader has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and the trader has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The trader can make departures from these sums and percentages that are favorable to the consumer.
16. Complaints procedure
1. The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
2. A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions.
3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
4. A complaint about a product, a service or the trader’s service can also be submitted via a complaints form on the consumer’s page of the website of Thuiswinkel.org, www.thuiswinkel.org. The complaint is then sent both to the trader concerned and Thuiswinkel.org.
5. The consumer should give the trader a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.
17. Disputes
1. Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
2. Disputes between a consumer and an trader over the conclusion or exercising of contracts relating to products and services to be supplied by this trader can be put before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), by either the consumer or the trader, with due observance of that which is stipulated below.
3. The Disputes Committee will only deal with a dispute if the consumer first put his complaint, without delay, to the trader.
4. If the complaint does not lead to a solution, the dispute should be submitted to the Disputes Committee no later than 12 months after the consumer submitted the complaint to the trader.
5. If a consumer wants to put a dispute before the Disputes Committee, the trader is bound by that choice. Preferably, the consumer notifies the trader first.
6. If a trader wishes to put a dispute before the Disputes Committee, then the consumer will indicate, in response to a written request made by the trader, whether he is in contract, or prefers the dispute to be dealt with by the competent law-court. If the consumer does not indicate his choice to the trader within a period of five weeks, then the trader has a right to put the dispute before the competent law-court.
7. Rulings of the Disputes Committee are subject to the conditions as stipulated in the regulations of the Disputes Committee. Decisions of the Disputes Committee take the form of binding advice.
8. The Disputes Committee will not deal with a dispute – or will terminate their intervention – if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the committee dealt with the dispute during a session and rendered a final ruling.
9. If, alongside the Thuiswinkel Disputes Committee, there is another competent disputes committee that is recognized or one that is affiliated with the Disputes Committee Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid), the Thuiswinkel Disputes Committee shall preferably have jurisdiction for disputes that relate principally to the sales method or to providing services long-distance. For all other disputes, this this will be the other disputes committee that is recognized by the SGC or affiliated with the Kifid.
18. Branch guarantee
1. Thuiswinkel.org guarantees the fulfilment of obligations of her members in relation to binding advices imposed on them by the Thuiswinkel Disputes Committee, unless the member decides to put the binding advice before a law-court for verification within two months after de date of that advice. In case of law-court verification the suspension of the guarantee will end and the guarantee will come into effect again upon the court ruling becoming final and conclusive, whereby the court has declared that the binding advice has binding effect. Up to a maximum sum of €10,000 per binding advice Thuiswinkel.org will pay this sum to the consumer. In case of sums higher than €10,000 per binding advice, the sum of €10,000 will be paid. In as far as the sum is higher than €10,000, Thuiswinkel.org has the obligation to take reasonable adequate efforts to pursue the member to fulfil the binding advice.
2. Application of this guarantee requires the consumer to submit a written appeal to Thuiswinkel.org and to transfer his claim on the trader to Thuiswinkel.org. In as far as the claim on the trader exceeds the sum of €10,000, the consumer will be offered the possibility to transfer his claim on the trader above the sum of €10,000 to Thuiswinkel.org, where after this organization will pursue payment of the claim in court on her own title and costs.
19. Additional or different stipulations
Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.
20. Amendment to the general terms and conditions of Thuiswinkel.org
1. Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that where amendments apply during the validity of an offer, the stipulation that is most favorable to the consumer will prevail.
Thuiswinkel.org
P.O. Box 7001, 6710 CB EDE, the Netherlands.
Rights can only be derived on the basis of the Dutch version of these general terms and conditions.
Valid from: 12-05-2025.
ADDITIONAL GENERAL TERMS AND CONDITIONS
1. Definitions
1. Additional Terms: these additional general terms and conditions, which - in addition to the Thuiswinkel Terms - apply to an Agreement.
2. Agreement: each agreement (including the Terms&Conditions) between BSH and Customer concerning a Subscription.
3. Appliance: each Major or Small Domestic Appliance to be rented from BSH by Customer which is and will remain the property of BSH.
4. BlueMovement: BlueMovement is part of BSH.
5. BSH: BSH Huishoudapparaten B.V., with registered offices at Taurusavenue 36, 2132, LS Hoofddorp, registered with the Chamber of Commerce with number 33172709.
6. Customer: the counterparty of BSH under the Agreement.
7. Major Domestic Appliance: including, but not limited to, a washing machine, dryer, dishwasher, refrigerator, freezer, fridge/freezer combination.
8. Contract Period: the minimum period of the Subscription as agreed in the Agreement.
9. Monthly Fee: the fixed monthly fee for the Subscription payable by Customer to BSH.
10. One-time Fee: the one-time fee that Customer has to pay when entering into an Agreement.
11. Small Domestic Appliance: including, but not limited to, coffee machine, kitchen machine, vacuum cleaner.
12. Subscription: the service on the basis of an Agreement, pursuant to which BSH provides one or more Appliances to Customer for Use, and delivers, installs (as the case may be) and repairs (if necessary) these Appliances, against a Monthly Fee.
13. Terms & Conditions: the total of the Additional Terms and the Thuiswinkel Terms.
14. Thuiswinkel Terms: the Thuiswinkel terms and conditions which - next to these Additional Terms - apply to an Agreement.
15. Use: use of the Appliance in accordance with the Terms & Conditions.
16. Website: the www.bluemovement.nl website.
2. Offer and Conclusion of the Agreement
2.1. Through the Website, Customer can conclude an Agreement regarding a Subscription. The Agreement is established at the moment of acceptance by Customer of BSH's offer regarding the Subscription. Acceptance by Customer is made by placing an order via the Website.
2.2. The option of concluding an Agreement through the Website is only available to natural persons not acting in the pursuit of their profession or company, and with a minimum age of 18 years at the time the Agreement is concluded. By placing an order, Customer declares that he meets these requirements Customer is obliged to provide correct and complete information to BSH. With the prior written consent of BSH, an Agreement can also be concluded with a party acting in the pursuit of a profession or company.
2.3. Customer may, without having to state any reasons, terminate an Agreement with BSH during a cooling-off period of 14 days. The cooling-off period starts on the day following the day on which Customer, or a third party in advance designated by Customer, which is not the transporter, has received the Appliance.
2.4. Customer will handle the Appliance and the packaging with care. Customer will only remove the Appliance from the packaging or use it to the extent necessary to determine the nature, the properties, and the operation of the Appliance. A guiding principle in this respect is that Customer may only use and inspect the Appliance in the same manner as he would be allowed to use or inspect it in a store.
2.5. Customer is liable for any reduction in the value of the Appliance resulting from handling the Appliance in a way that goes beyond what is permitted as described in the previous paragraph. In the event of an Appliance being returned during the cooling-off period, BSH may charge Customer for the full depreciation of the Appliance if the Appliance has been connected and/or switched on.
2.6. If Customer dissolves the Agreement during the cooling-off period, then the Appliance needs to be returned to BSH. Possible costs that BSH charges for installation and de-installation, and costs for returning the Appliance, are stated on the Website. BSH shall collect Major Domestic Appliances at the address where BSH has delivered these; Customer himself shall return Small Domestic Appliances following the instructions of BSH.
3. Alternatives and changes to the assortment
3.1. Customer agrees that BSH may replace the Appliance at any time, free of charge, by a similar Appliance, which functionalities are not significantly different.
3.2. Customer accepts that BSH may, at any time, unilaterally amend the kind, number, or assortment of the Appliances offered through on a Subscription. In case of such an amendment, BSH will ensure that the Monthly Fee (see article 4 and 5) will be amended to correspond to such amended Subscription. This may include connecting to another type of Subscription already offered. The Monthly Fee will not be increased as a result of an amendment to the Subscription.
3.3. Customer may, at any time during the Agreement, request for the replacement of one or more Appliances, e.g. for a model of a different class. If Customer wishes so, he has to contact BSH and BSH will provide a new proposal covering possible changes in the One-time Fee and the Monthly Fee.
4. One time fee and Monthly fee
4.1. When entering into the Agreement, Customer shall owe BSH a one-time amount per Appliance. This One-time Fee is stated in the ordering process on the Website and in the confirmation e-mail sent by BSH to Customer after the conclusion of the Agreement. This One-time Fee will not be returned to Customer at termination after the cooling-off Period.
4.2. Customer owes a Monthly Fee. The Monthly Fee is listed during the ordering process on the Website and in the confirmation e-mail sent by BSH to Customer after the conclusion of the Agreement.
4.3. The Monthly Fee includes:
• With respect to Small Domestic Appliances: the fee for the Use of, and repairs to, the Appliance;
• With respect to Major Domestic Appliances: the fee for the installation of, the Use of, and repairs to the Appliance.
4.4. BSH has the right to pass on any price increases arising from legislation to Customer. However, BSH will not increase the Monthly Fee within three months after execution of the Agreement.
4.5. BSH is entitled to adjust the Monthly Fee annually based on the inflation index of the Dutch Central Bureau of Statistics.
4.6. All prices stated on the Website and in the Agreement include VAT.
5. Invoicing and payment
5.1. The One-time Fee is due at the moment of execution of the Agreement, and is payable at that time. At the moment of delivery of the Appliance, all services that the One-time Fee relates to, are provided.
5.2. The Monthly Fee will be due from the first day of the month in which the Agreement is executed. Customer will, for the first month, receive a pro-rata discount for the days Customer did not have the Appliance at his disposal. This discounted amount will be deducted from the Monthly Fee during the first collection.
5.3. The Monthly Fee will subsequently be collected immediately prior to the next month.
5.4. Payments are made by direct debit or other means of payment (as stated in the ordering process on the Website), executed by BSH or by a third party designated by BSH. Customer is required to ensure that the balance on his bank account is sufficient.
5.5. If Customer does not agree with a direct debit order pertaining to a Monthly Fee, Customer may be able to have the Monthly Fee refunded by contacting his bank in a timely fashion. Article 5.6 will take effect if Customer uses this option.
5.6. If a direct debit order is unsuccessful or rejected due to actions or omissions of Customer (for example, if there are insufficient funds on the bank account of Customer to be able to complete the charge or in case Customer has reversed a payment), BSH can charge the costs associated with this unsuccessful collection (such as costs charged by the party handling the collection) to Customer.
5.7. In case of late payment, Customer fails to comply with his obligations arising from the Agreement and will be in default by operation of law. In this case, BSH will request Customer to meet his payment obligation within 14 days, stating that if no payment takes place within 14 days, Customer will owe the statutory interest and BSH will have the right to claim compensation of the extrajudicial collection costs (up to 15% of the amounts due up to €2,500, 10% of the subsequent €2,500, and 5% of the subsequent €5,000, with a minimum of €40). Furthermore, BSH will also have the right to dissolve the Agreement without further notice of default being required and to retrieve the Appliance, in which case Customer will owe damages and BSH can claim compensation as set out in article 13.
6. Delivery, relocation, or replacement of a Major Domestic Appliance
6.1. After execution of the Agreement, (the logistics partner of) BSH will contact Customer to make an appointment for the delivery and installation of the Major Domestic Appliance.
6.2. If there is no elevator present, BSH will deliver the Major Domestic Appliance up to the fourth floor.
6.3. If and insofar as:
large equipment is required for the Delivery of the Major Domestic Appliance (such as a removal lift or a crane);
the Appliance must be delivered to a floor higher than the fourth floor and no elevator is present; and/or
there are other particularities that affect the delivery, of which Customer should reasonably have been aware;
Customer is required to inform BSH in a timely fashion. In this case, the additional costs for delivery will be borne by Customer. BSH shall be entitled to keep the One-time Fee in case BSH is not able to deliver the Appliance because Customer did not inform it of these special circumstances in a timely fashion.
6.4. Customer has to identify himself by means of a valid identification document upon the delivery, and has to sign for receipt of the Major Domestic Appliance.
6.5. The surroundings in which the Major Domestic Appliance will be placed must be clean and freely accessible.
6.6. BSH will connect the Appliance to the power socket or a single pull switch during the delivery. In case of a pull switch, the connection cord may not be long enough to be installed directly in the pull switch. In this case, BSH will create an extension using a power cable and an interface socket in accordance with the applicable requirements. For this, BSH can charge €10 to Customer.
6.7. BSH is entitled to keep the One-time Fee in case of cancellation or a change to the installation appointment within 24 hours before the agreed time of delivery, with due observance of the provisions of Article 6.
6.8. If Customer wants to move the Major Domestic Appliance to a different address than the delivery address, Customer has to inform BSH in advance. Customer can do so by amending the address details in his account, or by contacting the customer service of BSH.
6.9. If Customer wants to move the Major Domestic Appliance to a different address than the delivery address, Customer can contact BSH to ask BSH to arrange the free-of-charge relocation of the Major Domestic Appliance. The assistance of BSH for the relocation is not free-of-charge in case Customer terminates the Agreement within six months after the relocation. In such case, BSH will charge a relocation fee to Customer of EUR 150. Customer can make use of the relocation arrangement no more than once every 12 calendar months.
6.10. If Customer relocates the Major Domestic Appliance to a different address than the delivery address without the knowledge of BSH, Customer will be liable for any associated costs and any damage caused by this relocation.
6.11. The Major Domestic Appliance may only be relocated within the Netherlands.
6.12. If Customer wishes that BSH takes his old appliance -which will be replaced by the delivery of the Major Domestic Appliance - then Customer needs to inform BSH hereof in advance; in the ordering process, an option is provided at the check-out. The old appliance must consist of one single unit, it should be clean and unobstructed, and the surroundings from which the old appliance should be removed has to be clean and accessible. In case the above requirements have not been met, BSH can refuse to take the old appliance. BSH will collect the old appliance at no cost as long as the collection is combined with the installation of the Major Domestic Appliance.
7. Delivery, relocation, or replacement of a Small Domestic Appliance
7.1. BSH will send the Small Domestic Appliance to Customer after the conclusion of the Agreement.
7.2. Customer has to identify himself by means of a valid identification document upon the delivery, and has to sign for receipt of the Small Domestic Appliance.
7.3. At delivery, Customer will receive a manual concerning the use of the Major Domestic Appliance. This manual can also be found on the website of BSH.
7.4. If Customer wants to move the Small Domestic Appliance to a different address than the delivery address, Customer has to inform BSH in advance. Customer can do so by amending the address details in his account, or by contacting the customer service of BSH.
7.5. If Customer relocates the Small Domestic Appliance to a different address than the delivery address without the knowledge of BSH, Customer will be liable for any associated costs and any damage caused during this relocation.
7.6. The Small Domestic Appliance may only be relocated within the Netherlands.
8. Use of the Appliance
8.1. Customer is obliged to act in a manner befitting a responsible customer, which means that Customer shall treat the Appliance with all due care. This means that Customer will at least keep the Appliance in good condition and will use the Appliance in accordance with the (additional) instructions and manuals supplied by BSH, and that Customer will not use the Appliance in a manner of which Customer knows, or should reasonably know, for which the Appliance is not suitable.
8.2. Customer is responsible for the maintenance of the Appliance in accordance with the instruction in the user manual.
8.3. Customer will secure and protect the Appliance against damage and/or theft, not make any modifications, and to mitigate any damage as such as possible.
8.4. Customer is liable for any damage caused by careless or improper use of the Appliance, as well as by careless or improper use by third parties. Customer is therefore liable for, including but not limited to, the following damage and/or defects and/or degradation:
a) Defects in, or damage to, an Appliance resulting from use in a non-domestic environment and/or as a result of non-domestic use (non-domestic use includes, among other things, use of an Appliance to generate turnover or profit);
b) Defects in the door seal (in the case of a washing machine);
c) Clogged filters in washing machines, washer-dryer combinations, dryers, and dish washers;
d) Damaged/broken drawers in refrigerators, fridge-freezer combinations, and freezers;
e) Broken accessories and parts of Appliances (such as glass, plastic, rubber, and lamps);
f) Damage resulting from the chemical and electrochemical effects of water and, in general, as a result of abnormal environmental factors or contact with substances to which the Appliance is not otherwise resistant;
g) Defects in, or damage to, an Appliance that can be attributed to relocation by or on behalf of Customer, incorrect assembly, incorrect use, incorrect operation, incorrect loading, and/or failure to observe the assembly or operating instructions for the Appliance;
h) Defects in, or damage to, an Appliance that can be attributed to incorrect execution or non-execution of the maintenance and cleaning instructions as specified in the operating instructions for the Appliance;
i) Damage caused by Customer or on behalf of Customer failing to take all reasonable measures to prevent further damage to the Appliance or the environment, for example by continuing to use the Appliance;
j) Defects in, or damage to, an Appliance that has been repaired by persons not authorized by BSH and as a result of which the defect or damage has been caused;
k) Defects in, or damage caused by, an Appliance that has been fitted with spare parts, extensions, or accessories other than original BSH products and as a result of which the defect or damage was caused;
l) Damage caused by external factors.
8.5. Customer shall not remove, alter, or render illegible the type plate of the Appliance (bearing the E number, FD number, and/or serial number of the Appliance), codes, or seals.
8.6. Customer is not permitted to subrent the Appliance, make the Appliance available to third parties, dispose of the Appliance, sell the Appliance, or accept any commitments vis-à-vis third parties or enter into an agreement with third parties on behalf of BSH concerning the Appliance and everything that is related to this in the broadest sense of the word.
8.7. Customer must also ensure that an Appliance is maintained properly even if is temporarily not being used. This includes removing the power cable from the socket. The door of a refrigerator, freezer, and washing machine must remain open and all coffee residue and water must be removed from a coffee machine.
9. Repairs, loss of value, and theft of the Appliance during Use
9.1. If reasonably possible, Customer must report a malfunction, defect, fault, theft and/or damage in/of/to the Appliance to BSH within 5 calendar days after he has detected this or should reasonably have detected this. Customer is liable for any damage to the Appliance and any other damage resulting from late reporting.
9.2. BSH aims to carry out repairs (or replace the Appliance if BSH believes that repairs are not possible) within 2 to 7 working days after Customer has submitted a report. If BSH has not repaired (or replaced) the Appliance within the period mentioned above, Customer must always inform BSH of this in writing and grant BSH a reasonable period to carry out the repair (or replacement). Customer is not permitted to carry out any repairs to the Appliance (or have these carried out by a third party other than by BSH), unless BSH remains in default in relation to the repairs even after the aforementioned reminder from Customer. Customer is not permitted to reduce the rent in this case. Customer must immediately grant access to the Appliance or send it to an address designated by BSH to enable BSH to inspect its condition following the first request to this end. The Agreement remains in full force and effect in case of a replacement.
9.3. BSH will not carry out repairs in the following situations:
a) Expected deterioration in the functionality of the Appliance;
b) Minor deviations from the desired characteristics of the Appliance, insofar as these are not significant for the value and functionality of the Appliance;
c) Cosmetic damage to the Appliance such as, but not limited to, scratches, scuffs, and dents.
9.4. Costs of repairs will, by default, take place at expense of BSH. If Customer has used the Appliance in a negligent or improper manner (in other words, if Customer did not act in a manner befitting a responsible customer and/or has acted in violation of his obligations arising from amongst others Article 8 and/or 9 in any other way), the costs, including costs for call-out, maintenance, repairs, replacement, or damage, will be borne by Customer.
9.5. BSH will carry out repairs of Major Domestic Appliances at the address of Customer where BSH delivered the Appliance or at the location where the Appliance was moved to (with notification to BSH). Repairs of Small Domestic Appliances will be carried out at a workshop operated by BSH. If the Appliance must be collected or shipped for repairs, BSH will arrange for a replacement Appliance or refund (a pro rata part of) the Monthly Fee, provided that Customer has acted in a manner befitting a responsible customer and did not fail to observe his obligations arising from amongst others Articles 8 and 9 of these Additional Terms. BSH does not carry out maintenance work.
9.6. If the Appliance has been damaged or has been lost completely (including theft), for any reason, Customer will be liable for all costs incurred by BSH to repair or replace the Appliance, as well as all other damage suffered by BSH as a result, including the replacement value. BSH has the right to postpone the repairs if Customer fails to comply with the Agreement.
9.7. In the event of theft of, or vandalism regarding, the Appliance, Customer must report this to the police within 5 calendar days after Customer detected, or should reasonably have detected, the theft or vandalism, and immediately provide BSH with a copy of the official police report.
9.8. Malfunctions can be reported to info@bluemovement.com or can be reported by phone from Monday - Saturday between 9 a.m. - 5 p.m. on 088 - 424 45 67.
10. Ownership of the Appliance
10.1. BSH will remain the owner of the Appliance at all times. Customer is not permitted to dispose of, to sell, or to provide the Appliance to third parties, or to encumber the Appliance by any limited right (including but not limited to a lien).
10.2. Customer is obliged to inform BSH immediately, at the latest within 24 hours after he became aware of or should have reasonably become aware of, any of the situations set out below:
a) Customer has applied for suspension of payments or bankruptcy;
b) the bankruptcy of Customer has been requested;
c) Customer has applied for the application of the debt restructuring scheme for natural persons;
d) Customer is placed under guardianship or administration; and/or
e) third parties (wish to) levy any form of attachment on the assets of Customer.
10.3. If one or more of the above situations occur(s), Customer is also obliged to immediately inform the liquidator, administrator, or bailiff that the Appliance is the property of BSH and allow this person/these persons to inspect the Agreement.
11. Duration of the Agreement and notice period
11.1. The Agreement will be concluded for the definite period agreed on by BSH and Customer at the start of the Agreement (Contract Period) in accordance with the provisions of the corresponding Subscription.
11.2. After the Minimum Contract Period, the Agreement may be terminated by Customer with a notice period of 1 month (unless Customer wishes to have a longer notice period).
11.3. Customer may terminate the Agreement via the Website.
11.4. The Agreement shall end at the moment the Appliance has been received by BSH.
11.5. The following applies to Agreements that have been concluded after introduction of this version of the Additional Terms:
a) If the Contract Period is 24 months (2 years) or shorter, and Customer wishes to terminate the Agreement during this period, then Customer will owe BSH the remaining Monthly Payments for that Contract Period. Example: Customer has agreed to a Contract Period of 24 months, with a Monthly Fee of €20. If Customer terminates the Agreement in month 16, he must pay 100% of the remaining Monthly Fees. This results in (24 months - 16 months =) 8 months x €20 = €160.
b) In case te Customer has agreed to a Contract Period of more than 24 months, and Customer terminates the Agreement during the Contract Period, Customer will owe 50% of the remaining Monthly Fees to BSH. Example: Customer has agreed to a Contract Period of 60 months with a Monthly Fee of €15. If Customer cancels in month 50, then he owes 50% of the remaining Monthly Fees. This equates to an amount of (60 months - 50 months =) 10 months x (€15 / 2 = ) €75.
11.6. After termination by BSH or Customer, BSH will contact Customer by phone to make a retrieval appointment for a Major Domestic Appliance or for instructions for returning a Small Domestic Appliance. Customer will receive a proportionate discount for any remaining days on which Customer no longer has the Appliance at his disposal. BSH will refund this amount to Customer's bank account present in the records of BSH with due observance of Article 5.4.
12. (Immediate) termination of the Agreement and damages
12.1. BSH can terminate the Agreement by e-mail.
12.2. BSH has the right to terminate the Agreement with immediate effect without notice of default being required if Customer:
a) fails to comply in a proper or timely fashion with one or more provisions of the Agreement;
b) has applied for suspension of payments, a petition will be/has been filed for the bankruptcy of Customer, Customer has requested the application of the debt restructuring scheme for natural persons, or if Customer has been declared bankrupt;
c) passes away;
d) is placed under guardianship or administration or otherwise loses the power to dispose of his assets;
e) no longer has the Appliance in his possession or if he cannot demonstrate that he still has the Appliance in his possession;
f) has submitted incorrect or incomplete information, or omitted to provide facts and circumstances, before or upon the conclusion of the Agreement, which are of such a nature that BSH would not have entered into the Agreement or would not have done so subject to the same terms if BSH would have been aware of these circumstances; or if
g) third parties (intent to) levy attachment on the assets of Customer.
12.3. Customer will owe 50% of the remaining Monthly Fees to BSH in case of termination based on Article 12.2. However, the remaining Monthly Fees will not be due in case of the event set out in Article 12.2(c).
12.4. In case of termination of the Agreement on whatever ground:
With respect to a Major Domestic Appliance: BSH will retrieve the Appliance from Customer at an agreed time. If it is not possible to agree on a date, BSH will reserve the right to collect the Appliance at a time determined by BSH. BSH can arrange the preparation of a document which sets out the (potential) damage to the Appliance at the moment of retrieval of the Appliance, and Customer will (co-)sign this document;
With respect to a Small Domestic Appliance: BSH will provide Customer with instructions on how the Appliance must be returned to BSH. BSH will inspect the Appliance after receipt.
12.5. Customer hereby gives BSH or a third party/third parties designated by BSH unconditional and irrevocable permission to enter all those locations necessary to take possession of the Appliance. Customer must return the Appliance to BSH in a complete, original, and clean condition, except for normal wear and tear, including any documents and accessories that belong to the Appliance.
12.6. If the Appliance is no longer in its complete, original, or clean condition, including any documents and accessories belonging to the Appliance, BSH will have the right to recover the costs incurred to repair or replace the Appliance and/or associated documents and accessories from Customer, as well as any loss of profits. “Clean condition” is defined as amongst others: an Appliance without spots, unpleasant odours, caked grease, or food residues. “Original condition” is defined as amongst others: an Appliance without damage or ruptures.
12.7. If Customer does not cooperate with returning the Appliance, or otherwise refuses to return the Appliance, or in case of loss of the Appliance, BSH will recover the replacement value of the Appliance and any costs it was forced to incur in relation to retrieving the Appliance from Customer.
12.8. BSH will bear the costs of collecting the Appliance, unless BSH terminates the Agreement based on one of the circumstances set out in Article 12 or due to a shortcoming of Customer in the fulfillment of his obligations arising from the Terms&Conditions, in which case Customer, in addition to the other provisions of this Article, will be required to provide compensation for any damage.
13. Liability and indemnification
13.1. The liability of BSH is limited to the amount paid by the insurance to BSH in the case in question, minus the amount of the “own risk” due by BSH. However, the liability of BSH will always be limited to the amount paid to BSH by Customer based on the Agreement in the year preceding the event leading to damage.
13.2. BSH is not liable for any indirect damage, including consequential damage, lost profits, damage as a result of business standstill, damage resulting from third-party claims filed vis-à-vis Customer, or property damage consisting of destruction, damage, or loss of other goods.
13.3. BSH is never liable for damage incurred by Customer as a result of:
the failure to use the Appliance in a manner befitting a responsible customer or use of the Appliance in violation of the Terms&Conditions in any other way;
temporary impossibility to use the Appliance as a result of repairing of the Appliance by BSH; and/or
any use of the Appliance of which Customer knew, or should reasonably have known, that the Appliance would not be suitable for.
13.4. Any claims for compensation filed vis-à-vis BSH must be submitted to BSH by Customer at info@bluemovement.com immediately after Customer became aware of the damage.
13.5. Customer indemnifies BSH against any third-party claim related to damage which is the result of Customer not using the Appliance in a manner befitting a responsible customer or of any other use of the Appliance in violation of the Terms&Conditions.
13.6. BSH will only be liable based on an attributable failure in the fulfillment of the Agreement if Customer immediately and properly declares BSH in default in writing with due observance of a reasonable time period and if BSH remains in default after this period.
13.7. The liability limitations included in the Terms&Conditions do not apply to the extent that BSH is liable on the basis of mandatory rules that cannot be excluded.
14. Third-party clause during Use
14.1. The ownership of the Appliance and the Agreement can be transferred by BSH to a third party. Furthermore, the Appliance or any claims BSH has on Customer, can be pledged to a third party.
14.2. Customer will hand over the Appliance to the third party on first request of BSH, without Customer being able to invoke any right of retention. As a result of this request, the Agreement can automatically and immediately be terminated by the third party.
14.3. If the third party is or has become the owner of the Appliance, and this third party wants to continue the Agreement, Customer will accept the transfer of the Agreement from BSH to this third party.
15. Personal data
15.1. BSH will respect Customer's privacy and ensure that the personal data Customer provides to BSH will be handled in a confidential manner and will be processed in accordance with the statutory requirements. BSH uses these data to be able to execute the Agreement. BSH will not sell these personal data to any third parties and will only make these data available to third parties in the context of the execution of the Agreement. The personal data that are collected in relation to this Agreement will be processed according to the Privacy Statement, which can be found on the Website. Customer declares to be aware of the content of this Privacy Statement by accepting these Additional Terms. The Privacy Statement can be amended from time to time by BSH, and BSH recommends Customer to review the Privacy Statement from time to time.
15.2. Customer may request BSH to amend or remove his personal data at any time – unless a legal or legitimate ground exists to keep these - by submitting a request via the online data request form.
16. Miscellaneous provisions
16.1. BSH has the right to unilaterally amend these Additional Terms. BSH will communicate all significant amendments to the Additional Terms to Customer at the latest one month before these come into effect. If Customer does not wish to accept such an amendment, Customer has the right to terminate the Agreement up until the moment on which the new conditions come into effect. If Customer does not terminate the Agreement, it will be continued based on the new conditions.
16.2. These Additional Terms apply to Agreements that have been concluded on or after the date mentioned at the bottom of this document. For Agreements that have been concluded before the date mentioned at the bottom of this document, the conditions apply that were offered at the moment of conclusion of that agreement.
16.3. These Additional Terms are prepared in the Dutch and English language. In case of any discrepancy between both versions, the stipulations in the Dutch version will prevail.
16.4. If any provision of these Additional Terms is found to be void, invalid, unenforceable, or unlawful, the other provisions of these conditions will remain in full force and effect.
16.5. Customer is not permitted to transfer any rights or obligations arising from this Agreement to any third parties without the explicit written permission from BSH.
16.6. BSH is member of Vertrouwd Leasen.
16.7. This Agreement is governed by the laws of the Netherlands. Any disputes that arise from the Agreement or from associated regulations and annexes will be settled by the competent court in Amsterdam or the court competent in the place of residence of Customer.
Valid from: 12-05-2025.
Version: 7.