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Terms and conditions Curblue BV
The most important agreements
Reminder: The Dutch version of these terms and conditions is the only legally binding version. You could translate underneath text in a translation tool on your own risk.
Wij houden het graag duidelijk en eerlijk. Daarom hier de kernpunten van onze afspraken, zodat u snel weet waar u aan toe bent:
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Guarantee
- TVs and brown goods: 6 months
- Small household appliances and boilers: 3 months
- White goods: 1 year
- The warranty begins on the date of delivery.
- Supplier warranties that are on boxes are not always valid in Curaçao. We strive to obtain this, but we cannot guarantee it.
- For air conditioners, maintenance is mandatory, at least once every 6 months by a certified installer, with proof required for warranty claims.
- Because the power grid in Curaçao can fluctuate, we recommend that you always use a surge protector. Only then is the warranty valid.
- The warranty does not apply to commercial use of appliances intended for household use.
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Complaints and delivery
- Check your purchase immediately. After delivery, you irrevocably agree that everything has been delivered correctly, completely, and without damage.
- Report visible defects within 3 days, other issues within 5 days.
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Delivery and installation
- We deliver carefully. Installation is not included, but we are happy to connect you with an installer.
- We do small tasks such as unpacking, removing transport bolts, and connecting to a properly prepared connection.
- Our products operate exclusively on 220V and European outlets and are suitable for connection to European water pipes.
- Curblue is not liable for damage caused by incorrect connections, use of adapters, or improper installation.
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Payment
- Standard direct payment applies.
- Payment on account is only possible after prior written consent and submission of a Chamber of Commerce extract, valid ID, and CRIB number.
- In case of late payment, interest and a penalty of 15% collection costs apply, with a minimum of 75 XCG.
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Warranty visits
- If it turns out during a warranty visit that the defect is on the customer's side, the customer will pay the technician's fees directly to him.
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Storage of goods
- Goods that are not picked up immediately will be stored free of charge for up to 3 months after the pickup notification.
- Thereafter, we charge 20 XCG per month per pallet space (excluding VAT), unless other agreements have been documented in writing.
- Even during the free period, the risk of storage is entirely the customer's responsibility.
- After a total of 5 months, we reserve the right to sell, return, or dispose of goods at the customer's expense.
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Returns
- In Curaçao, there is no right of withdrawal. After confirmation, you are bound to the purchase.
- Returns can only be accepted in exceptional cases with written permission and in unopened, original packaging.
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Tax holiday
- All administrative actions and obligations related to a tax holiday are the sole responsibility of the customer.
General Terms and Conditions – full text
Article 1. Identity
Curblue B.V.
Veeris 53, Caracasbaaiweg 200Willemstad, Curaçao
KvK nr.: 129864
CRIB-nummer: 102.359.775
Curblue h.o.d.n. Jack Services B.V
Madelief 80
Lisse, Netherlands Chamber of Commerce no.: 54164141
Artikel 2. Definities
In these terms, the following is understood as:
- Curblue: the legal entity Curblue B.V.
- Customer: any natural or legal person who enters into an agreement with Curblue, both consumer and business customer.
- Consumer: the natural person who acts outside of their business or professional activities.
- Products: all goods sold by Curblue, including major appliances, consumer electronics, and related items.
- Services: additional services such as delivery, service, and minor assembly tasks.
- Pickup readiness notification: message from Curblue that goods are ready for delivery or pickup.
- Storage: the keeping of customers' goods in the Curblue warehouse or elsewhere.
- Storage costs: costs to be charged by Curblue after the end of the free period.
- Tax holiday: a tax exemption or scheme by the government, for which all responsibility lies with the customer.
Article 3. Applicability
- These general terms and conditions apply to all offers, quotations, deliveries, and agreements of Curblue.
- Deviations apply only if agreed in writing.
- Customer's general terms and conditions are excluded unless Curblue expressly accepts them in writing.
- Curblue can change these terms; the modified version applies to future agreements.
Article 4. Offers and Quotations
- All offers and quotations are non-binding, unless a deadline for acceptance is specified.
- An offer automatically expires if the product is no longer available or cannot be delivered.
- Obvious mistakes and typos do not bind Curblue.
- Prices are exclusive of VAT and other charges, unless otherwise stated.
- Offers do not automatically apply to future orders.
- Special orders and custom products cannot be canceled or returned.
Article 5. Delivery
- Delivery takes place after direct payment, unless Curblue has given written consent to the contrary.
- Purchasing on account is only possible with prior approval and after submission of a Chamber of Commerce extract, ID, and CRIB.
- Delivery times are indicative. Exceeding them does not entitle you to compensation or cancellation.
- Delivery takes place at the address provided by the customer or via pickup.
- Curblue may carry out and invoice deliveries in parts.
- Upon delivery, the customer must ensure that the location is accessible and has sufficient space.
- If delivery is refused or cannot take place by the customer, Curblue has the right to terminate the agreement and charge costs (including storage and transportation).
- Upon delivery, the customer is deemed to have irrevocably agreed that the delivery has been completed in full and without damage.
- Our products are exclusively suitable for 220V and European outlets and connections to European water pipes. Curblue is not liable for damage caused by the use of adapters, transformers, or improper installation.
Article 6. Suspension and Termination
Curblue may suspend or terminate the agreement if:
- the customer does not fulfill his obligations;
- after the conclusion of the agreement, it appears that the customer is likely unable to fulfill their obligations;
- the customer goes bankrupt, applies for a suspension of payments, is placed under guardianship, or is otherwise in financial difficulties;
- seizure is made of the customer's goods;
- due to delays on the part of the customer, performance is impossible.
In these cases, all claims of Curblue are immediately due.
Article 7. Payment
- Standard direct payment applies.
- Purchasing on account is only possible after written permission and submission of the Chamber of Commerce registration, ID, and CRIB.
- Payment must be made in the invoiced currency.
- In case of late payment, an interest rate of 8% per year applies, or the statutory commercial interest rate if higher.
- Curblue charges late payment collection costs of 15% of the outstanding amount, with a minimum of 75 XCG.
- Storage costs and additional charges are immediately payable.
- Offsetting by the customer is not allowed.
- All judicial and extrajudicial collection costs are the responsibility of the customer.
Article 8. Retention of Title & Right of Retention
- Delivered products remain the property of Curblue until the customer has paid in full.
- Products may not be resold, pledged, or used as collateral as long as they are the property of Curblue.
- The customer is required to store and insure the products identifiable from Curblue.
- Curblue has a right of retention on all goods in its possession until all claims are fully satisfied.
Article 9. Warranty and Complaints
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Warranty periods:
- TVs and brown goods: 6 months
- Small household appliances and boilers: 3 months
- White goods: 1 year
- Warranty begins on the delivery date.
- Supplier warranties on boxes are not always valid in Curaçao. Curblue is making an effort to obtain these, but cannot guarantee it.
- For air conditioners, maintenance is required at least once every 6 months by a certified installer. Proof may be requested.
- Warranty applies only if a surge protector has been used between the product and the power source.
- The warranty is voided with commercial use of appliances intended for household use.
- Curblue may choose to repair, replace with an equivalent product, or issue a credit in the event of a warranty claim.
- If it turns out during a warranty visit that the defect is on the customer's side, the customer will pay the technician's fees directly to the technician.
- The customer must inspect products immediately. Visible defects must be reported within 3 days, and other issues within 5 days. Late reports will not be processed.
Article 10. Liability
- Curblue is solely liable for direct damage that results from intent or willful recklessness.
- Direct damage is understood to mean: reasonable costs for determining the cause, repair, or limitation of damage.
- Curblue is not liable for indirect damage, including lost profits, business damage, loss of reputation, or consequential damage.
- Liability is always limited to the invoice amount of the relevant product.
Article 11. Transfer of Risk
The risk of loss or damage transfers to the customer upon delivery or notification of readiness for pickup, even during the free storage period.
Article 12. Force Majeure
Curblue is not obligated to fulfill its obligations in the event of force majeure. This includes: strikes, illness, fire, flooding, war, import or export restrictions, disruptions with suppliers or transport, ICT and telecom disruptions, energy disruptions, and the absence of required permits.
Article 13. Intellectual Property
All intellectual property rights related to products, materials, and documentation belong to Curblue or its suppliers. The customer may not reproduce or disclose them.
Article 14. Confidentiality
Parties shall not disclose confidential information to third parties unless required by law.
Article 15. Applicable Law and Competent Court
All agreements are governed by Curaçao law. Disputes will be submitted to the competent court in Willemstad.
Article 16. Divisibility
If a provision is invalid, the remaining provisions shall remain in full force and effect.
Article 17. Transfer
The customer may not transfer rights and obligations without written consent from Curblue. Curblue may do so.
Article 18. Declaration of Waiver
The non-exercise of a right by Curblue does not constitute a waiver of that right.
Article 19. Returns and Right of Withdrawal
- In Curaçao, there is no statutory right of withdrawal.
- Upon confirmation of the purchase, the customer is irrevocably bound to the agreement.
- Returns are only accepted with written permission from Curblue and only if the packaging is unopened and in its original condition.
Article 20. Storage and Abandoned Goods
- Curblue stores goods free of charge for 3 months after the pickup readiness notification, unless other agreements have been made in writing.
- After that, 20 XCG per month per pallet space (excluding VAT) will be charged.
- Even during the free period, the risk is entirely on the customer.
- Curblue sends a reminder after 3 months and a second reminder after 4.5 months.
- If goods are not picked up after 5 months, Curblue may sell, return, or dispose of them.
- All costs are the responsibility of the customer.
- Curblue has a right of retention until all claims have been fully satisfied.
Article 21. Tax holiday
All obligations and administration related to a tax holiday are the sole responsibility of the customer. Curblue is not a party to this and bears no liability.