Terms and Conditions - Version 3 - Last updated on 6 February 2025
Article 1 - Definitions
Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are provided by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.
Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession.
Day: calendar day.
Digital content: data produced and supplied in digital form.
Continuing contract: a contract that provides for the regular supply of goods, services, and/or digital content over a specified period.
Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services remotely to consumers.
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for remote sales of products, digital content, and/or services.
Article 2 - Identity of the Entrepreneur
BLACKFISH Brand New & Vintage
Website: www.blackfishconceptstore.nl, www.blackfish.store, and www.blackfish.nl
Address: Voorstraat 6, 3512AM, Utrecht
Phone number: (+31) (0) 30 662 43 95 (on business days from 11:00 to 18:00)
Email address: [email protected]
Chamber of Commerce number: 68969171
VAT identification number: NL857668109B01
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer.
Article 4 - The Offer
The entrepreneur must clearly indicate whether there are any additional costs, such as shipping costs, administrative fees, or other charges, before the consumer finalizes the purchase.
Article 5 - The Agreement
The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the stipulated conditions.
Article 6 - Right of Withdrawal
The consumer has the right to withdraw from the agreement within 14 days of receipt of the product without giving any reason. The consumer then has another 14 days to return the product.
If the entrepreneur fails to provide the legally required information about the right of withdrawal, the withdrawal period is extended to 12 months after the end of the original cooling-off period.
Article 7 - Exercising the Right of Withdrawal and Costs
The consumer bears the direct costs of returning the product unless the entrepreneur has not stated in advance that these costs are to be borne by the consumer. In such a case, the costs are borne by the entrepreneur.
Article 8 - Obligations of the Entrepreneur in Case of Withdrawal
The entrepreneur shall reimburse all payments made by the consumer, including the standard delivery costs charged by the entrepreneur for the returned product, without undue delay and within 14 days of receiving the returned product or proof of return shipping.
Article 9 - Exclusion of the Right of Withdrawal
Gift cards and vouchers cannot be returned or exchanged for cash.
Article 10 - The Price
All prices stated in the offer of products or services include VAT.
Article 11 - Compliance with the Agreement and Additional Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement and meet reasonable standards of reliability and usability.
Article 12 - Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and fulfilling product orders.
Article 13 - Continuing Transactions: Duration, Termination, and Renewal
The consumer may terminate an agreement entered into for an indefinite period at any time with a notice period of no more than one month.
Article 14 - Payment
In sales of products to consumers, the consumer may never be required to make full advance payment unless a legal exception applies. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order before the advance payment has been made.
Article 15 - Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints within the specified timeframe.
Article 16 - Disputes
If a dispute cannot be resolved amicably, the consumer may turn to the European ODR platform (Online Dispute Resolution) via https://ec.europa.eu/consumers/odr/.
Article 17 - Return Conditions
Free Shipping: If an order originally qualified for free shipping (for orders from €75 NL / €100 EU / €200 WORLD), but the total amount falls below this threshold due to a return, the shipping costs will still be charged and deducted from the refund amount.
Free Items with Orders: If the consumer has received a free product with an order from a certain amount and decides to return the rest of the order, the standard retail price of the free product will be deducted from the refund amount.