23 april 2024
Beleid & wetgeving

Changes in our terms of use and advertising conditions for the upcoming quarter

Toy figure in sailor attire playfully leans on a large judge's gavel,

With the Conditions of Use, we ensure the quality of our platform. Effective May 23, 2024, we are adjusting some conditions in the Conditions of Use Professional Sales via bol, the Conditions of Use for Shipping via bol, and the Advertising Conditions for Advertising via bol. In this message, you can read which conditions this concerns and what changes.

Conditions of Use Professional Sales via bol

Article 7.2 The payments received by bol will be deposited by bol into the bank account specified by the partner, after deduction of the Fee as stipulated in Article 6.1 of these Conditions of Use and any settlements in accordance with Article 7.3 of these Conditions of Use. Payouts are generally made by bol once per calendar month. Bol will issue an invoice for these payments. If an order is not received by the customer 2 delivery days after the expected delivery date, taking into account any delays in the delivery process provided these have been communicated by the carrier via a tracking code, bol may consider the order as not delivered. If bol deems it necessary, bol may conduct additional investigation into the carrier or the customer. If bol considers the order as not delivered, the customer has no payment obligation and no payout will be made to the partner. If the partner has already been paid out, bol may offset the paid amount against future claims of bol against the partner in accordance with Article 7.3 of these Conditions of Use. Bol is entitled to postpone the payout to the partner if, in bol's opinion, this is necessary to protect its platform, customers, third parties or reputation, or if there is a suspicion that the partner is acting in violation of these conditions, including, but not limited to, situations where there are indications that ordered and paid items will not be delivered to customers due to scarcity or fraudulent activity.


Article 7.4 Partners can purchase shipping labels from bpost N.V. and Koninklijke PostNL B.V. in the environment. By purchasing shipping labels, partners use the transport services of the respective carriers for shipping items to customers.


Article 7.5 Partners can also purchase return labels from bpost N.V. and Koninklijke PostNL B.V. in the environment. After purchasing return labels, the respective carriers pick up items from customers who return these items free of charge to the partner. The carriers transport the items to a location specified by the partner.


Article 7.6 When the partner purchases shipping labels and/or return labels, the following applies:


a. bol charges the partner reduced rates as stated on the Website for Professional Partners (https://partnerplatform.bol.com).


b. bol then pays the fee for the shipping/return labels to the carriers;


c. the partner directly enters into a transport agreement with bpost N.V. or Koninklijke PostNL B.V. respectively (depending on the carrier(s) chosen by the partner) for shipping or returning items.


d. the conditions mentioned below, depending on the chosen carrier(s), apply to the transport agreement between the partner and the respective carrier:


- bpost N.V. : the General Terms and Conditions for Parcels – Indirect Channels apply (view and print here).


- Koninklijke PostNL B.V.: General terms and conditions as included here and available for viewing and printing.

 

Article 15.1 A seller account can be blocked, suspended or terminated by bol at any time, with reasons given. This will be the case, for example, if bol suspects that one or more of the applicable conditions are being violated, there is fraud, the partner leaves bol invoices unpaid, there is dissemination of illegal content (as referred to in Article 3 sub h of Regulation (EU) 2022/2065) (including infringement of intellectual property rights of bol or third parties), the partner regularly reports illegal content to bol, or submits complaints via the internal complaint handling system that are manifestly unfounded, the use of the seller account disrupts the proper functioning of bol's environment or, in bol's opinion, may be detrimental to bol's or third parties' reputation. This is the case, for example, if a director of the seller account has been involved in another seller account that was closed due to violation of these Conditions of Use. Bol can also terminate a seller account if the partner is declared bankrupt, if the partner's bankruptcy has been applied for, if the partner has been granted a suspension of payments or if a suspension of payments has been applied for the partner.

 

Article 21.7 Bol may, on its own initiative, conduct voluntary investigations or take other measures aimed at detecting and identifying illegal content (as referred to in Article 3 sub h of Regulation (EU) 2022/2065) or terrorist content (as referred to in Article 2 paragraph 7 of Regulation (EU) 2021/784) or violations of the Conditions of Use. Based on such an investigation, bol may adapt, remove, make inaccessible, or place a warning on the illegal or terrorist content. Bol may also, following a report by a third party, proceed to adapt, remove, or make inaccessible certain content or place a warning with it. In the aforementioned situations, bol uses both automated systems and human moderators.

Appendix 1: General Conditions of Professional Sales via bol

Article 8.1 If the customer exercises their right of withdrawal, they must notify the partner within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. The customer can request a return label in their customer account.


Article 8.2 As soon as possible, but within 14 days from the day following the request for the return label referred to in paragraph 1, the customer must return the item, or hand it over to (an authorised representative of) the partner. This is not necessary if the partner has offered to pick up the item themselves. The customer has in any case observed the return period if they return the item before the cooling-off period has expired.

Conditions of Use for Shipping via bol (Vvb)

Article 1.15 Partner(s): any legal entity registered with the Chamber of Commerce in the Netherlands, possessing a VAT number, having a return address in the Netherlands, having created a seller account, having accepted the ‘Conditions of Use Professional Sales via bol’, and accepted by bol as a partner.

Article 3.4. The Shipping via bol Partner acknowledges that bol arranges for the transport and delivery of items by one or more carriers and that it is at bol's discretion which carrier(s) the Shipping via bol Partner can use. The conditions of the carrier(s) referred to in Appendix 2 (Conditions Shipping via bol) apply to this transport. Insofar as the conditions included in Appendix 2 conflict with these Conditions of Use Shipping via bol, the conditions as included in these Conditions of Use Shipping via bol shall apply.


Article 3.5. Bol may – as a gesture of goodwill (thus without obligation) – accommodate the Shipping via bol Partner if items get lost during transport, or if damage occurs to the items during delivery due to the actions of the carrier(s). The goodwill arrangement is detailed in Appendix 1.

Article 7.2 (added) to take good care of the roll containers, pallets, and/or bags that the Shipping via bol Partner receives from the carrier or bol and to use them exclusively for the purpose for which they were provided. In case of damage, loss, or theft of the roll containers, pallets, and/or bags, the Shipping via bol Partner is liable for the resulting damage. Upon bol's first request, the roll containers, pallets, and/or bags must be returned to an address or party specified by bol.

Article 9.4 Unless there is intent and/or gross negligence on the part of bol, bol is in no way liable for damage and/or costs of any kind whatsoever incurred by the Shipping via bol Partner due to the use of Shipping via bol.


Appendix 1


Under PostNL and DHL b (deleted). “Shipping via bol Partner only uses the drop-off point assigned by bol.”

The Fast Today Delivery transport:


b. Pickup times and days: the pickup times from Monday to Friday (excluding national holidays) by Ampère are between 10:00 and no later than 13:00 at the Shipping via bol Partner's location.


c. The Shipping via bol Partner is expected to be present between 10:00 and no later than 13:00.


Goodwill arrangement for items lost during shipping


If an item gets lost in the shipping process or in the return process, bol may decide to reimburse a portion of the costs based on the sales value. For the sales value, the last sales price applied by the Shipping via bol Partner (excl. VAT) is taken. In this case, the return process refers to parcels that are returned because they were never delivered to the customer for a certain reason. The reimbursement concerns: 75% of the sales price after deduction of VAT. Bol also reimburses the costs of the shipping label used for the shipment.


Goodwill arrangement for damage to items during shipping (added)


If an item gets damaged in the shipping process or return process, bol may decide to reimburse a portion of the costs based on the sales value. For the sales value, the last sales price applied by the Shipping via bol Partner (excl. VAT) is taken. Bol determines whether compensation can be paid out and the amount of this possible compensation, taking into account the circumstances of the case. In this case, the return process refers to parcels that are returned because they were never delivered to the customer for a certain reason.

Advertising Conditions for Advertising via bol

Article 1


1.3 Website(s): bol's websites, namely: www.bol.com and associated subdomains (such as https://advertising.bol.com/) as well as bol applications and/or any other digital medium that bol owns and/or operates;


1.19 Environment: The environment developed by Mabaya and/or the replacement environment developed by bol, within which the Advertiser (or bol on behalf of the Advertiser) can execute the deployment and management of sponsored products.


1.20 Account: a personal account in the Advertiser's name for access to the relevant Environment, including any underlying accounts (so-called sub-accounts);


1.21 Cost Per Click: the amount the Advertiser is willing to pay if a visitor to www.bol.com clicks on the sponsored product, and which amount is recorded in an Environment;


1.24 Mabaya: Doobe In-site Ltd., the supplier of an Environment.


Article 4.5 After the last display of the display advertising, bol can provide the Advertiser with a final report including information on the following statistics:


- Media statistics, such as impressions, clicks and reach;


- Conversion statistics, such as items sold, revenue, and additions to shopping cart.



Article 5 sponsored products


5.1 Bol grants the Advertiser access to an Environment for the purpose of purchasing sponsored products. The Mabaya General Terms and Conditions apply to the use of the Environment developed by Mabaya. If the Advertiser accesses an Environment via the so-called Retailer API, the Conditions of Use for the bol Retailer API additionally apply.


5.2 The Advertiser is at all times fully responsible for the use of their Account. The Advertiser can instruct bol or third parties authorised by the Advertiser to perform actions in the Account. The Advertiser is fully responsible and liable for the actions performed by the authorised third parties via the Account. Bol is not liable for (obvious) errors made by the Advertiser when using their Account, such as when making bids or setting (spending) limits.


5.6 For the Environment developed by Mabaya, the Advertiser must request a budget from bol themselves. For an Environment, the Advertiser sets a budget for advertisements and bids. The Advertiser can also set a spending limit in the Account. Insofar as the Advertiser's Account has this functionality, the Advertiser can choose to automatically top up their bidding balance when the spending limit is reached. The Advertiser is responsible for monitoring and timely deactivation of automatic top-ups.


5.8 (deleted): Bol can allocate budget to Advertiser for sponsored products for which no fee is due (so-called Free Credits). These Free Credits are valid for up to 12 months after issuance. If the Advertiser has not fully utilised the Free Credits after the validity period has expired, bol may withdraw the remaining Free Credits or offset their value in accordance with Article 10.7.


5.12 Bol provides the Advertiser with insight into various statistics, such as ACoS, through the relevant Environment. The actual results may differ from the displayed statistics due to matters beyond bol's control, such as software errors. Bol endeavours to display the statistics correctly.


Article 6 – social advertising


6.3 After a social advertising campaign, bol can provide the Advertiser with a final report including information on the following statistics:


- Media statistics, such as impressions, clicks, and reach;


- Conversion statistics, such as items sold, revenue, and additions to shopping cart.


Article 7 – Excluded items for advertisements


7.1 The purchase of Services is excluded for certain product categories, for example when advertising is not permitted based on applicable laws and/or regulations (including the Dutch Advertising Code). Examples include infant formula (0 to 6 months) and certain medicines.


7.2 (deleted): Bol is at all times entitled to amend the list referred to in Article 7.1.


7.3 (deleted): The Advertiser should regularly consult this list to be aware of any changes.


Article 8 – Advertiser's Obligations


8.9 If the Advertiser acts on behalf of a third party or a third party acts on behalf of the Advertiser, the Advertiser is jointly and severally liable for the fulfilment of the obligations as laid down in the Agreement and the Conditions by this third party.


8.11 (added): The Advertiser provides bol with all reasonable support it needs to comply with its legal obligations, including the obligations under the Digital Services Regulation (Regulation (EU) 2022/2065).


Article 10 – Invoicing and Payment


10.5 The Advertiser can provide a PO number and/or legal entity for invoicing, provided this is done no later than before the start of the relevant campaign. The Advertiser always remains responsible and liable to bol for timely and full payment of the invoice.


10.7 Bol can allocate budget to Advertiser for a Service for which no fee is due (so-called Free Credits). These Free Credits are valid for the period indicated by bol and for a maximum of 12 months after issuance. Free Credits are not transferable to third parties and are only usable for the Service or Environment for which they were provided. If the Advertiser has not fully utilised the Free Credits after the validity period has expired, bol may withdraw the remaining Free Credits or offset their value in accordance with Article 10.9.


10.8 For determining the fee owed by the Advertiser for the Services provided, bol's measurement systems are leading, if applicable.


10.9 Unless otherwise stipulated in the Commercial Agreement, bol may offset the fees due for the Services against amounts owed by bol to the Advertiser at any time under any other agreement. In that case, the fees due for the Services are immediately due and payable after the delivery of the Services. If bol does not choose to offset, if parties have agreed otherwise, or if the Advertiser does not owe any amounts to bol at any time, the provisions of Article 10.10 and Article 10.11 shall apply.