Terms and Conditions

Article 1 - Definitions
Article 2 - General
Article 3 - Offer and Prices
Article 4 - Account and Formation of the Agreement
Article 5 - Cancellation and Wrong Order
Article 6 - Execution of the Agreement
Article 7 - Customer Obligations
Article 8 - Delivery
Article 9 - Delivery Term
Article 10 - Payment
Article 11 - Retention of Title
Article 12 - Inspection, Complaints, and Returns
Article 13 - Warranty
Article 14 - Liability and Prescription
Article 15 - Force Majeure
Article 16 - Suspension and Dissolution
Article 17 - Confidentiality and Personal Data
Article 18 - Intellectual Property Rights
Article 19 - Applicable Law and Competent Court

ARTICLE 1 - DEFINITIONS

In these general terms and conditions, the following terms have the following meanings unless expressly stated otherwise or is apparent from the context:
Blue Rooster: the user of these general terms and conditions: Blue Rooster B.V. operating under the name "Blue Rooster" located at Netwerk 75-77 in Purmerend, the Netherlands, registered with the Chamber of Commerce under number 63.92.53.46;
Customer: the legal entity or natural person acting in the exercise of their profession or business who has entered into an agreement with Blue Rooster;
Agreement: the agreement between Blue Rooster and the customer;
Product: the product that Blue Rooster supplies under the agreement;
Website: the website www.bluerooster.eu managed by Blue Rooster where orders can be placed.

ARTICLE 2 - GENERAL

These general terms and conditions apply to all offers and quotations from Blue Rooster and to all agreements between Blue Rooster and the customer.
Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing or by email.
The applicability of any purchasing or other terms and conditions of the customer is expressly rejected.
If these general terms and conditions have once applied to a legal relationship between Blue Rooster and the customer, the customer is deemed to have agreed in advance to the applicability of these general terms and conditions to subsequently concluded and to be concluded agreements.
If one or more provisions in these general terms and conditions are null or voidable, the other provisions of these general terms and conditions will remain fully applicable. In that case, Blue Rooster has the right to replace the null or void provision with a provision that approximates the null or void provision as closely as possible without being unreasonably onerous for the customer.
If Blue Rooster does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply or that Blue Rooster would in any way lose the right to require strict compliance with the provisions of these general terms and conditions in other cases.
Blue Rooster has the right to amend these general terms and conditions. The customer will be informed in writing or by email of the amended general terms and conditions and the date of entry into force. The amended general terms and conditions apply to all orders placed by the customer after the amended general terms and conditions have come into force.

ARTICLE 3 - OFFER AND PRICES

Every offer and all quotations from Blue Rooster are non-binding.
Blue Rooster is not bound by its offer if there are obvious errors in its quotations, price lists, confirmations, (email) messages, or on the website.
Stated prices do not automatically apply to future orders.
Stated prices are in euros excluding VAT, excluding transport costs, and any customs costs.
Blue Rooster has the right to adjust its prices from time to time without prior publication.
The assortment of Blue Rooster can be changed at any time.

ARTICLE 4 - ACCOUNT AND FORMATION OF THE AGREEMENT

The customer can only place orders if Blue Rooster has appointed the customer as a dealer.
The customer can place orders via the website after Blue Rooster has activated the customer's account on the website. The customer will receive a confirmation of this activation by email.
The customer is at all times responsible for their account on the website and login details. The customer must keep their login details carefully to themselves. Blue Rooster cannot be held liable if an unauthorized third party uses the customer's account. If the customer finds that an unauthorized third party is using their account, the customer must inform Blue Rooster as soon as possible.
If the customer holds a license for the trade in arms and ammunition, the customer can order all products from the Blue Rooster range.
If the customer does not hold a license for the trade in arms and ammunition, the customer can order a limited number of products from the Blue Rooster range.
The range of products that the customer can order is visible after the customer has logged in on the website.
The agreement is concluded at the moment the customer:

Has placed an order with Blue Rooster via email or telephone and Blue Rooster has accepted this order;
Has placed an order via the website. Orders can only be placed via the website after the customer has logged in on the website.

After the agreement has been concluded, Blue Rooster sends the customer a confirmation by email. This confirmation email contains the order number and other details of the customer's order. If the customer has not received a confirmation email from Blue Rooster, the customer can contact Blue Rooster to inquire whether the order has been received correctly.

ARTICLE 5 - CANCELLATION AND WRONG ORDER

The customer cannot cancel a placed order.
If the customer has placed a wrong order, return is only possible after consultation with Blue Rooster. The costs for the return are at the expense of the customer.

ARTICLE 6 - EXECUTION OF THE AGREEMENT

Blue Rooster will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Blue Rooster has the right to involve third parties in the execution of the agreement without notifying the customer, to obtain goods from third parties, to receive services from third parties, and to have the agreement wholly or partly performed by third parties.

ARTICLE 7 - CUSTOMER OBLIGATIONS

The customer ensures that all data which Blue Rooster indicates are necessary or which the customer should reasonably understand are necessary for the execution of the agreement are provided to Blue Rooster in a timely manner.
The customer guarantees the correctness, completeness, and reliability of the data provided by them, even if these originate from third parties.
If the data provided by the customer are incomplete and/or incorrect, this will be entirely at the customer's expense and risk.
The customer is obliged to inform Blue Rooster immediately of facts and circumstances that may be relevant to the execution of the agreement.
The customer indemnifies Blue Rooster against any claims from third parties who suffer damage in connection with the execution of the agreement which is attributable to the customer.
The customer is solely responsible for complying with all legal and other applicable regulations in the country where the customer is established regarding the possession, transport, storage, resale, and use of the product in any way. The customer guarantees that they are authorized to possess, store, and sell the product. It is the customer's responsibility to store and display the products in accordance with applicable laws and regulations.
If the customer does not fulfill their obligations towards Blue Rooster or those arising from the law, or if the customer acts unlawfully towards Blue Rooster, the customer is liable for all damage that Blue Rooster suffers as a result, including loss of revenue, and Blue Rooster is entitled to suspend the execution of the agreement or to dissolve the agreement.

ARTICLE 8 - DELIVERY

The products are delivered to the delivery address specified by the customer unless it is agreed that the customer will take care of the transport.
The transport costs and any customs costs are at the expense of the customer.
Blue Rooster has the right to deliver an order in parts.
The risk of the products passes to the customer at the moment the products are delivered to the specified delivery address. If the customer takes care of the transport, the risk of the products passes to the customer at the moment the products leave the Blue Rooster warehouse.
The customer is obliged to accept the ordered products. Any exceedance of the delivery term does not affect this.
If the customer refuses to accept, Blue Rooster is entitled to store the products at the customer's expense and risk. If the customer does not accept the products regardless of whether payment of (part of) the amount due has already taken place, Blue Rooster has the right to sell them after written notice of default. The customer remains liable for the invoice amount plus interest, costs, and any compensation, however, in a case to be reduced by the net proceeds from the sale of the products to a third party.

ARTICLE 9 - DELIVERY TERM

The delivery term can never be considered as a strict deadline.< br>The delivery term starts at the moment Blue Rooster has received the payment for the customer's order.
If delivery is made on account, the delivery term starts at the moment of placing the order.
In the event that a delivery term agreed with the customer is exceeded as a result of an event that is actually beyond the control of Blue Rooster and cannot be attributed to its actions and/or omissions, as described in article 15, this term will be automatically extended by the period that it was exceeded as a result of such an event.
Exceeding the stated delivery term does not in any case entitle to compensation, cancellation of the order, or dissolution of the agreement.

ARTICLE 10 - PAYMENT

Payment must be made before delivery unless otherwise agreed.
After receipt of payment by Blue Rooster, the products will be delivered unless the parties have agreed on delivery on account.
Invoices must be paid within 14 days of the invoice date.
Payment must be made in euros and without discount or set-off.
If the customer does not pay on time, the customer is in default, and the statutory commercial interest will be charged to the customer from the date of default until full settlement of the amount due. All judicial and extrajudicial collection costs incurred by Blue Rooster to collect the claim from the customer are at the expense of the customer. The extrajudicial collection costs are set at 15% of the principal amount with a minimum of € 100.-.
In the event of liquidation, bankruptcy, seizure, or suspension of payment of the customer, the claims of Blue Rooster on the customer are immediately due and payable.
Every payment by the customer is first used to pay the due interest and then to pay the collection costs. Only after these amounts have been paid, any payment by the customer will be used to pay the outstanding principal amount.
Complaints do not suspend the customer's payment obligation.

ARTICLE 11 - RETENTION OF TITLE

The ownership of the products does not pass to the customer despite actual delivery until the customer has fully paid all amounts owed to Blue Rooster for products delivered or to be delivered, including the purchase price, any interest due under these general terms and conditions or the agreement, and costs.
The customer is obliged to carefully and as recognizable property of Blue Rooster keep the delivered products under retention of title and insure them against risks such as fire, explosion, damage, and theft. At the first request of Blue Rooster, the customer will assign all rights to the involved insurers in this regard to Blue Rooster.
As long as the ownership of the products has not passed to the customer, the customer may not:

Pledge;
Grant any other right to third parties;
Resell outside their normal business operations.

In the event of seizure, suspension of payment, or bankruptcy, the customer will immediately inform the seizing bailiff, the administrator, or the trustee of Blue Rooster's ownership rights.
After Blue Rooster has invoked its retention of title, it may retrieve the delivered products. The customer allows Blue Rooster or the third party engaged by Blue Rooster to enter the place where the products are located. If Blue Rooster invokes its retention of title, the customer is obliged to fully cooperate.
All costs incurred by Blue Rooster to reclaim and retrieve the products are at the expense of the customer.
The provisions mentioned in this article do not affect other rights to which Blue Rooster is entitled.

ARTICLE 12 - INSPECTION, COMPLAINTS, AND RETURNS

The customer is obliged to inspect the delivered products immediately upon delivery. The customer must specifically check:

Whether the correct products have been delivered;
Whether the correct quantity has been delivered;
Whether there is any transport damage or other visible defects.

If incorrect products have been delivered, the delivered quantity does not correspond to the order, or the products have transport damage or other visible defects, the customer must inform Blue Rooster as soon as possible and in any case within 7 days of delivery.
If the customer has not submitted a complaint within the period mentioned in article 12.2, it is assumed that the order has been received in good condition and without damage or defects.
The customer is obliged to give Blue Rooster the opportunity to investigate a complaint. In this context, Blue Rooster may require the customer to return the product to Blue Rooster. The costs for this shipment are at the expense of the customer.
A defect in a product does not entitle the customer to refuse the entire order of which the product is a part.
Products can only be returned after Blue Rooster has given permission. For the return of products, the customer must use the return portal found on the website.
If a delivered product has a defect, Blue Rooster will, at its choice, credit the price of the product (partially), replace the product, or (have) the product repaired.
Repair work carried out by a third party or by the customer themselves without Blue Rooster's permission will never be reimbursed and does not entitle the customer to suspend payment. The customer must always give Blue Rooster the opportunity to (have) defects repaired within a reasonable period.

ARTICLE 13 - WARRANTY

A warranty of 1 year is granted on the products.
The invoice is the warranty certificate.
The warranty period starts on the day of delivery.
If the product shows a defect during the warranty period, the customer must inform Blue Rooster as soon as possible.
The customer must give Blue Rooster the opportunity to investigate the warranty claim.
Complaints about a product will not be (further) handled/repaired free of charge and a warranty claim will not be accepted if:

Defects in the product are not reported to Blue Rooster immediately after discovering the defect;
Defects are due to improper use;
There is normal wear and tear;
Work and/or modifications and/or repairs have been carried out on the product by the customer and/or a third party without Blue Rooster's permission;
The product is not used in accordance with the user instructions or technical specifications;
Damage to the product is caused by external circumstances such as destruction, dirt, and fire;
Defects are caused by materials not supplied by Blue Rooster and/or work not carried out by Blue Rooster.

If any of the situations mentioned in article 13.6 apply, Blue Rooster will inform the customer and the costs for the repair work will be at the customer's expense.
Carrying out repair work under the warranty does not extend the warranty period.

ARTICLE 14 - LIABILITY AND PRESCRIPTION

Blue Rooster cannot be held liable for any damage that is a direct or indirect result of:

An event that is actually beyond its control and thus cannot be attributed to its actions and/or omissions as described in article 15 of these general terms and conditions;
Any act or omission of the customer, its subordinates, or other persons employed by or on behalf of the customer.

The customer is at all times responsible for the accuracy and completeness of the data provided by them. Blue Rooster is never liable for any damage caused (partly) by the fact that the data provided by the customer is incorrect and/or incomplete. The customer indemnifies Blue Rooster against all claims in this regard.
Blue Rooster is not liable for any damage caused by temporary unavailability of the ordering option, inaccessibility, or removal of its website due to maintenance or otherwise.
The colors visible on the customer's screen may differ from the actual colors of the product. Blue Rooster is not liable for such color deviations.
If the customer or a third party makes changes to the product, Blue Rooster excludes any liability regarding the operation and any (consequential) damage.
It is possible that a product discolors due to exposure to light. Blue Rooster is not liable for such discolorations.
Blue Rooster is not liable for any damage caused by incorrect or improper use of the product.
The use of a weapon always entails risks. Blue Rooster is in no way responsible for dangerous situations or accidents caused by the use or possession of the product. Blue Rooster is not liable for damage such as physical injury, death, material damage, or damage to third parties as a result of the use of the product. The customer is always responsible for careful handling of the product. The use of the product is entirely at their own risk.
Blue Rooster is not liable for mutilation or loss of data as a result of sending data using telecommunication facilities.
If Blue Rooster takes measures and/or cooperates with recall actions to prevent (further) damage as a result of claims from end-users due to a defect in delivered products, the customer is obliged to cooperate with such measures. Blue Rooster can never be held liable for the damage that the customer suffers due to initiated recall actions.
Blue Rooster is never liable for indirect or consequential damage, including but not limited to lost profit, missed revenue, reputational damage, missed savings, delay damage, transport costs, labor costs, business damage, stagnation damage, and imposed fines.
If Blue Rooster is liable for any damage, the liability of Blue Rooster is limited to the amount paid by Blue Rooster's insurer. If the insurer does not pay in any case or the damage is not covered by the insurance, the liability of Blue Rooster is limited to the amount the customer has paid for the product to which the liability relates.
The customer indemnifies Blue Rooster against claims from third parties against Blue Rooster regarding events, acts, or omissions for which Blue Rooster is not liable according to the above. The customer is obliged to indemnify Blue Rooster for all costs, damages, and interests that may arise for Blue Rooster as a direct or indirect result of a claim made by a third party as referred to in this paragraph.
Claims and other powers of the customer, of whatever nature, against Blue Rooster lapse in any case after one year from the moment when an event occurs that gives the customer these rights and/or powers against Blue Rooster.

ARTICLE 15 - FORCE MAJEURE

Blue Rooster is not obliged to fulfill one or more obligations under the agreement if it is prevented from doing so due to force majeure. Force majeure includes: war and war danger; terrorism; import and export bans or obstacles; government measures; strikes or work stoppages; epidemics; traffic disruptions; weather influences; natural disasters; transport difficulties; fire; theft; power failure; internet failure; email traffic failure; computer hacking by a third party; changes in laws and regulations.
Force majeure also includes an attributable shortcoming of a supplier of Blue Rooster or a third party engaged by Blue Rooster.
Blue Rooster is also entitled to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Blue Rooster should have fulfilled its obligation.
If the execution of the agreement is temporarily not possible due to force majeure, this does not entitle the customer to dissolve the agreement free of charge. If the customer dissolves the agreement in the event of temporary impossibility of execution, Blue Rooster has the right to charge all costs already incurred, including the costs of purchased products, to the customer.

ARTICLE 16 - SUSPENSION AND DISSOLUTION

Blue Rooster is entitled to suspend the execution of the agreement with immediate effect if, after the conclusion of the agreement, Blue Rooster becomes aware of circumstances that give good reason to fear that the customer will not fulfill their obligations.
Blue Rooster is entitled to dissolve the agreement if the customer does not or does not fully comply with the obligations under the agreement.
Furthermore, Blue Rooster is entitled to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered maintenance of the agreement cannot reasonably be expected.
Blue Rooster is entitled to dissolve the agreement if the customer applies for suspension of payment or is granted suspension of payment, if the customer is declared bankrupt or a request for this is submitted, if the customer is unable to meet their debts, proceeds to liquidate or terminate their business, is placed under guardianship, or if an administrator is appointed.
If Blue Rooster proceeds to suspension or dissolution, it is in no way obliged to compensate for any damage and costs arising in any way.
Blue Rooster always retains the right to claim compensation.

ARTICLE 17 - CONFIDENTIALITY AND PERSONAL DATA

Both parties are obliged to maintain confidentiality of all confidential information they have obtained from each other or from another source within the framework of their agreement. Information is considered confidential if it is indicated as such by the other party or if this results from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided.
If Blue Rooster is obliged to disclose confidential information to third parties designated by law or the competent court based on a legal provision or a court ruling, and Blue Rooster cannot invoke a legal or recognized or permitted right of non-disclosure by the competent court, Blue Rooster is not obliged to pay compensation or indemnification, and the customer is not entitled to dissolve the agreement due to any damage resulting from this.
Blue Rooster processes personal data in accordance with the General Data Protection Regulation (GDPR). For more information on the processing of personal data by Blue Rooster, the customer can consult the Blue Rooster privacy policy; read our privacy policy.

ARTICLE 18 - INTELLECTUAL PROPERTY RIGHTS

The customer must fully and unconditionally respect all intellectual property rights that rest on the products delivered by Blue Rooster.
The customer is not permitted to perform acts that conflict with Blue Rooster's trade name rights, trademark rights, copyright, or other intellectual property rights or those of Blue Rooster's licensor.

ARTICLE 19 - APPLICABLE LAW AND COMPETENT COURT

The agreement is governed by Dutch law. The applicability of the Vienna Sales Convention is excluded.
All disputes arising from the agreement, these general terms and conditions, or the obligations arising therefrom, particularly regarding validity, interpretation, execution, termination, or dissolution, will be exclusively resolved by the competent court in the district where Blue Rooster is established, with the express exclusion of any other court.