KLM BlueBiz General Webshop Conditions

Article 1. Applicability

1.1 These General Webshop Terms and Conditions (hereinafter: Conditions) and the Conditions of the BlueBiz programme apply to all offers, orders and agreements with regard to products and services offered (to Dutch BlueBiz members, hereinafter referred to as ‘BlueBiz Member’) via the BlueBiz webshop from Koninklijke Luchtvaart Maatschappij NV, in Amstelveen (NL), registered in the trade register of the Amsterdam Chamber of Commerce under number 33014286 (hereinafter: KLM).

1.2 These Conditions can only be deviated from in writing, in which case all other stipulations in these Conditions remain effective.

1.3 All rights and claims stipulated in these Conditions and in possible further agreements to the benefit of KLM also apply to the benefit of any possible intermediaries and other third parties employed by KLM.

1.4 KLM reserves the right to make changes to these Conditions and the number of Blue Credits required for BlueBiz products and services on a periodic basis and following notification.

1.5 If any of the articles in these Conditions should become invalid due to a legal judgement or binding agreement from another authorised party, it will be replaced by a new, similar article as determined by KLM. The other stipulations in the conditions will remain effective.

Article 2. Offers/agreements

2.1 By placing an order for products and/or services via KLM BlueBiz, you automatically indicate that you agree with these Conditions.

2.2 An agreement is only valid if KLM has accepted your offer and you have a sufficient balance of Blue Credits. KLM reserves the right to refuse orders with good reason or attach certain conditions to delivery. If your order is not accepted, this will be communicated within ten (10) working days.

2.3 All products and services can be ordered exclusively by the BlueBiz contact person.

2.4 If the contact person for the BlueBiz Member purchases a product or service via the BlueBiz webshop, the BlueBiz Member enters into a contract with the supplier concerned and not with KLM. The BlueBiz Member ensures that the supplier’s (Factory) Conditions are declared applicable to the employee of the Member receiving the product or service concerned.

2.5 KLM is not the supplier of the products and services. KLM’s parent company, subsidiaries, branches, franchise companies and representatives provide no guarantee, warranty or statement, whether explicit or implicit, with regard to the products or services offered via BlueBiz, and cannot be held responsible for any form of loss, costs incurred (including costs of legal assistance), accidents or inconvenience resulting from a defect, defective functioning or use of the products and services concerned. The above parties are fully indemnified against any implicit guarantees with regard to marketability or suitability for a specific goal.

2.6 The supplier’s General (Factory) Conditions apply to all products and services ordered and delivered via the BlueBiz webshop.

Article 3. Prices

3.1 The prices specified for the products and services are listed in Blue Credits, including VAT and handling and transport costs, excluding the statutory environmental contribution, unless stated otherwise or otherwise agreed upon in writing.

3.2 Promotional prices may apply in some cases. These promotional prices are only valid during a specific period and for a limited number of items. No claims can be made to these prices before or after the specified period.

3.3 KLM has the right to alter prices, especially when it is required based on (legal) regulations.

Article 4. Payment

4.1 Payment is effected by transferring the number of Blue Credits from the (positive) Blue Credits balance.

Article 5. Delivery

5.1 KLM aims to deliver orders within two (2) weeks (after the order is placed). You will receive your order within four (4) weeks at the latest, unless KLM indicates otherwise.

5.2 If delivery is delayed, whether as a result of the product or service being (temporarily) out of stock or any other reason, or if delivery cannot take place or only partly, you will informed of this within up to four weeks of placing your order (in which case you have the right to cancel your order without charge). No right to compensation can be claimed if the terms of delivery are exceeded.

5.3 If delivery of an ordered product or service turns out to be impossible, KLM will make every effort to provide a replacement in all reasonableness and fairness. KLM will inform you if this is the case at the latest when the product or service is delivered.

5.4 Delivery means the moment the product or service is offered at the supplied delivery address.

5.5 Items are only delivered on the company address in the Netherlands that is registered in your BlueBiz account.

5.6 Colour, type or text are subject to deviation.

Article 6. Retention of title

Ownership of the products is transferred after the due amount of Blue Credits has been received. Product liability is transferred to the purchaser at the point of delivery to the BlueBiz Member.

Article 7. Intellectual and industrial property rights

7.1 All intellectual and industrial property rights applicable to the products delivered by KLM must be respected without reservation.

7.2 KLM does not guarantee that products delivered do not infringe on any (unwritten) intellectual and/or industrial property rights of third parties.

Article 8. Promotions and liability

8.1 The client is obliged to inspect the products upon delivery to determine whether they conform to the agreement. Any faults must be reported to KLM in writing and with an explanation within two weeks of delivery.

8.2 If it is established that a product does not comply with the agreement, KLM can choose to replace returned products with a new one, or to refund the invoiced amount plus the paid shipment costs upon return of said item. If an item is returned, the product must be in its original packing and be complete and undamaged.

Article 9. Communication

KLM is not liable for misunderstandings, damage, delays or the improper transfer of orders and messages as a result of internet use or the use of other communication tools between you and KLM or between KLM and third parties, unless intentionally or due to gross negligence on behalf of KLM.

Article 10. Force majeure

In case of force majeure KLM retains the right to delay the delivery of your order or end the legal agreement without legal intervention by informing you of this in writing. Clients are not entitled to any damages, unless this would be unacceptable according to measures of reason and fairness given the circumstances.

Article 11. Applicable law and jurisdiction

11.1 These Conditions and all rights, obligations, offers, orders and agreements that fall under these Conditions are exclusively subject to Dutch law. This English language version is provided as a service only and the Dutch original always takes precedence in case of dispute.

11.2 All disputes between the parties will be exclusively submitted to the authorised judge in Amsterdam, the Netherlands.