These changes are coming to our Terms of Use next quarter

Conditions of Use Professional Sales via bol

Article 11 - Privacy

The amended Article 11 reads as follows:

1. bol will provide personal data of customers (hereinafter: “customer data”) to the partner only insofar as these customer data are necessary for the partner to execute the Purchase Agreement, including the so-called after-sales obligations, or when the customer has given their consent for this. This includes, in any case, the contact details and the telephone number if a delivery appointment needs to be made.
2. The partner acts as an independent data controller regarding the processing of customer data within the framework of the execution of the Purchase Agreement. The partner is solely responsible for determining the purposes and means of processing within this framework and must fully comply with all applicable laws and regulations concerning data protection, including the General Data Protection Regulation (GDPR).
3. The partner guarantees that they will only contact customers in connection with the execution of the Purchase Agreement and the obligations arising from the Purchase Agreement, and that they will never commercially exploit or use customer data. The partner will only use customer data and (have it) recorded in one of their databases for the fulfillment of their obligations as mentioned above and to comply with their accounting obligations. Even after termination of the seller account, the partner is not entitled to commercially exploit or use customer data. In case of violation of the provisions of this article, the partner is liable for all damages suffered by bol.
4. The partner is obliged to handle all customer data with the utmost care, confidentiality, and security, and to take appropriate technical and organizational measures to protect against unauthorized or unlawful processing, loss, destruction, or damage.
5. If the partner engages third parties for the processing of customer data, including Integrators (third parties that offer technical links between the systems of the partner and the shopping platform), they must ensure an appropriate contractual framework. This includes, in any case, concluding a processor agreement, if and insofar as required by applicable legislation. In such a case, the partner guarantees that the relevant third party maintains a level of data protection that is at least equivalent to the requirements of the GDPR.
6. bol does not guarantee the accuracy of the (personal) data (provided by customers).

Article 13 - Guarantees and obligations

The following obligation is added to Article 13 paragraph 2:

2. The partner guarantees that:

• when offering items and services to customers from a member state of the European Union (e.g., Belgium or the Netherlands), they will fully comply with the applicable rules of Union law and will not deny the customer any rights arising from the mandatory consumer law of the country where the customer usually resides, even if that is a different country than the country where the partner is established;

Article 22 - Applicable law and competent court

The amended Article 22 reads as follows:

1. The Professional Partner Terms and the Professional Partnership are exclusively governed by Dutch law, and disputes will be submitted to the competent Dutch court in Utrecht. Customers and/or Users may, in their relationship with partners (if applicable), also invoke mandatory consumer law of the country where they reside.

Article 12 paragraph 2 Appendix 1 (General Sales Conditions for Professional Sales via bol)

The following obligation is added to Article 12 paragraph 2 Appendix 1:

2. When a buyer claims warranty for defective, faulty, or non-conforming items purchased from the partner, the partner must observe the warranty scheme that the buyer can invoke based on the mandatory law of the member state where they are established.

Article 17 Appendix 1 (General Sales Conditions for Professional Sales via bol)

The amended Article 17 Appendix 1 reads as follows:

Agreements between the partner and the Buyer to which these general terms and conditions apply are exclusively governed by Dutch law. In this regard, the Buyer (if applicable) may also invoke mandatory consumer law of the country where they reside.

APPENDIX 2

The following is adjusted in Appendix 2:

Service Levels for Professional Partners

Process returned items within 7 days at the latest, in accordance with the return process as described on the Website for Professional Partners;

Terms of Use Shipping via bol

Appendix 2 Service Level Agreement under Customer and Partnerservice, the text under Partnerservice for Partners has been adjusted to:

A Shipping via bol partner can reach Partnerservice from Monday to Friday between 08:00 and 18:00. We will respond to a query from a Shipping via bol partner within 48 hours.

Appendix 3 bol Shipping delivery conditions have been replaced by a new version.