What is changing in our Conditions of Use next quarter

Article 5 – Customer relationship

To article 5.6, we added that bol may refund the purchase price of a return on behalf of the professional seller to the customer if the customer can proof that the article has been returned or in the event that the professional seller (repeatedly) doesn’t respond.

Article 6 – Payments

In Article 6, paragraph 4 is deleted. This stated that the price on partners’ websites should not be lower than the price on bol.

Article 15 & 16 – Restriction, suspension & termination of Business Sellership

We have made article 15 and 16 more clear. Among other things, article 15 determines when bol is allowed to close a partner’s seller account. Article 16 concerns the consequences of terminating a seller account. You can view the exact changes here.

Article 20 – Mediation

We are adding that partners can contact the mediator if they have questions about the effectiveness of the mediation.

Article 21 – Miscellaneous

We’re supplementing article 21.3 with the provision that bol can retroactively change the Terms of Use for Business Sales via bol in exceptional circumstances. Please note that this is only the case if it stems from a legal obligation or if it’s beneficial to partners.

Changed Conditions of Use for Professional Sales

For the convenience of Professional Sellers, we have produced and English translation of the Dutch “Gebruikersvoorwaarden Zakelijke Verkopen via bol” hereafter. However, please note that in case of doubt the Dutch version is legally binding and supersedes this English translation.

Article 5 – Customer relationship

Amendment:

6. The so-called ‘aftersales’, including but not limited to customer service, warranty and handling of returns, are fully at the risk and expense of the Professional Seller. Bol reserves the right to pay the purchase amount of an Article returned by a Customer on behalf of the Professional Seller to the Customer and to settle the amount paid with the Professional Seller. This occurs if the Customer can prove, for example, through a proof of shipment, that the Article was correctly returned to the Professional Seller, or if the Professional Seller fails to respond to the processing of this return after repeated requests from Bol and/or the Customer. The Professional Seller guarantees that questions received from Customers shall be answered within twenty-four (24) hours, excluded Saturday, Sunday and Holidays.

Article 6 – Payments

The new article:

1. The Professional Seller pays a Fee to bol per Article sold via the Platform, unless the Sale and Purchase agreement is dissolved by the Customer within the time limit mentioned in the general terms and conditions included in schedule 1. The level of the Fee per product category is included on the Website for Professional Sellers.
   The Professional Seller acknowledges that bol is authorised to unilaterally adjust the level of the Fee for each and every sub-category and/or product category twice a year. The Professional Seller is informed accordingly in advance seven (7) days prior to the entry into force.
2. Bol shall create the Platform in such manner that Customers pay to bol. Bol shall collect the payments of the Customers. Basically bol only accepts Customers whom it also accepts for the purchase of its own Articles and bol does at all times reserve the right not to accept Customers. The Professional Seller consequently grants bol the irrevocable right to exercise the collection rights that originate from the Sale and Purchase Agreements in the name of bol and with exclusion of the Professional Seller.
3. The Professional Seller is not authorised to accept payments made to him directly by the Customer. As the occasion arises the Professional Seller shall repay the received amount to the Customer and bring to the attention of the Customer that payment can exclusively take place to bol. The Professional Seller consequently accepts that payment by a Customer to bol releases the Customer from payment to the Professional Seller.
4. If a Sale and Purchase Agreement is dissolved within the time limit mentioned in the general terms and conditions included in schedule 1 then bol shall repay the payment directly to the Customer within the time limit imposed in the said general terms and conditions. In case the Professional Seller already received the payment of this Sale and Purchase Agreement from bol, bol is entitled to recover this amount from the Professional Seller. If a Sale and Purchase Agreement is dissolved after the time limit mentioned in the general terms and conditions included in schedule 1 then the Customer must turn directly to the Professional Seller in order to receive repayment. Bol is not a party in this respect and is not involved in repayment of the amount paid by the Customer and/or exchange of the relevant Article or not. Bol is not held to compensate any amount to the Professional Seller on account of a Sale and Purchase Agreement that is dissolved after the said time limit and bol is entitled to retain the commission.

Article 15 – Restriction, suspension and termination of Professional Seller Status

The new article:

1. Bol may restrict, suspend or terminate a Sales Account. If bol proceeds to such an action, the decision will always be motivated. Bol may restrict, suspend or terminate a Sales Account if bol suspects that one or more applicable conditions are being violated, that there has been fraud, if the Professional Seller defaults on bol invoices, there is distribution of illegal content (as referred to in Article 3(h) of Regulation (EU) 2022/2065) (including infringement of intellectual property rights of bol or third parties), the use of the Sales Account disrupts the proper functioning of the bol Environment or, in bol’s opinion, may be harmful to the good name of bol or third parties. The latter is, for example, the case if the (indirect) directors, shareholders and/or ultimate beneficial owner of the Sales Account has been involved in another Sales Account that has been closed due to a violation of these Conditions of Use. Bol may also terminate a Sales Account when the Professional Seller is declared bankrupt, when the Professional Seller has applied for bankruptcy, when the Professional Seller has been granted a suspension of payment or when the Professional Seller has applied for a suspension of payment.
2. In the event that bol restricts, suspends or terminates a Sales Account, the Professional Seller has the opportunity to clarify his view of the facts and circumstances by using bol’s complaints handling system pursuant to Article 19.
3. In the event that bol terminates a Sales Account, bol will observe a notice period of thirty (30) days, except in situations as described in paragraph 5 of this article.
4. A suspension of a Sales Account, in accordance with paragraph 1 of this article, for example in the event of a reasonable suspicion of distribution of illegal content (as referred to in Article 3(h) of Regulation (EU) 2022/2065), is intended to assess whether policy points deduction based on paragraph 5 of this article or termination of the Sales Account based on paragraph 1 or paragraph 5 of this article, is justified. The duration of the suspension depends on the relevant facts and circumstances.
5. Bol has the right to terminate the Sales Account with immediate effect in the event that i) a legal or regulatory obligation provides otherwise, ii) bol exercises a right of termination for urgent reasons pursuant to national legal provisions and iii) the Professional Seller repeatedly fails to adhere to the service standards or the Conditions of Use. The violation of the Conditions of Use may lead to policy violations and deduction of points, with a points total of zero meaning closure of the Sales Account.
6. The policy violations are divided into a number of main categories, which are described on the Website for Professional Sellers. Relevant facts and circumstances are taken into account for the various policy violations and the associated amount of point deductions. Examples of this are the severity of the violation and the impact of the policy violation on Customers, other Professional Sellers, bol or third parties. The Website for Professional Sellers provides examples of concrete facts and circumstances that are taken into account per main category of policy violations.
7. Bol shall also at all times be authorised to no longer make the functionalities available for the Professional Seller Status.
8. The Professional Seller may close the Sales Account at any time by sending an e-mail to bol’s Partner Service department (e-mail address: zakelijkverkopen@bol.com) thirty (30) days prior to the desired termination date.

Article 16 – Consequences of termination of Professional Seller Status

The new article:

1. If the Professional Seller Status has, for any reason whatsoever, been terminated, then:
   a. the Sales Account will be blocked;
   b. the Professional Seller will no longer be authorised to use the Content, the Items and the bol brands (to the extent that said right already existed).
2. The Professional Seller cannot claim any compensation from bol in connection with the termination of the Professional Seller Status by bol, and the Professional Seller hereby waives any and all right to any compensation (for damages) whatsoever.
3. Any information or data that bol receives from the Professional Seller shall remain in the possession of bol at all times, regardless of the Sales Account being active or being inactive/having been terminated.
4. If the Professional Seller has entered into one or more Sale and Purchase Agreements with one or more Customers in accordance with Article 5.1 at the time of their Professional Seller status, the Professional Seller will remain responsible for executing that Sale and Purchase Agreement in accordance with Article 5.3 after termination of said Professional Seller Status. This includes in any case the delivery of ordered Items and the so-called ‘aftersales’ in accordance with Article 5.6, including but not limited to customer service, warranty and handling of returns.

Article 20 – Mediation

The new article:

1. Any Professional Seller may submit a dispute to one of the external and independent mediators referred to in paragraph 2, provided that the Professional Seller has completed the procedure described in Article 19 of these Conditions of Use.
2. Bol shall appoint the following two mediators, who can be contacted through the website: www.e-pom.eu:
   a. Bart Neervoort (NL);
   b. Willem Meuwissen (BE);
   c. Or another mediator to be proposed by them or e-pom.
3. The procedure and costs of mediation are set out on the website: www.e-pom.eu. Visit this site for a comprehensive explanation on mediation. In principle, the costs will be equally shared by bol and the Professional Seller. At the request of the Professional Seller, he shall be provided with information on the functioning and effectiveness of the mediation related to the activities of the Professional Seller.

Article 21 – Miscellaneous

Amendment:

3. Bol is authorised at all times to amend these Conditions of Use, the service levels (Appendix 2) and the Website for Professional Sellers. Bol shall notify Professional Sellers fifteen (15) days, or so much longer as bol deems reasonable for the Professional Seller to implement technical and commercial adjustments, prior to the effective date of the amended Conditions of Use. As an exception to this, bol may amend the Conditions of Use, the service levels and the Website for Professional Sellers retroactively if they are required to respect a legal or regulatory obligation or when the retroactive changes are beneficial for Professional Sellers. During the period of fifteen (15) days or longer, the Professional Seller may terminate his Sales Account as a result of the (proposed) amendments, by sending an e-mail to zakelijkverkopen@bol.com. The amendments shall not take effect before the expiry of the aforementioned period. The amended Conditions of Use will be published on the Environment. If a Professional Seller continues to use his Sales Account after notification of the amended Conditions of Use, the Professional Seller shall be deemed to accept the applicability of the amended Conditions of Use and/or the Website for Professional Sellers, which shall cancel his option of termination. Hence, it is advisable to consult the Conditions of Use and the Website for Professional Sellers before making use of the Sales Account.

Annex 5 of the Conditions of Use of Logistics via bol, which is about the conditions of the bol Delivery Service, have the following additional requirements:

• Packages must be presented to the carrier on the ground floor. Packages that are not presented on the ground floor will not be taken by the carrier.
• The minimum number of packages per fetch order is 3.

Annex 5 of the Conditions of Use of logistics via bol has the following amended requirement:

• The Delivery Service is not available for addresses in Belgium and on the Wadden Islands. For other areas, the availability of the carrier applies.