16 januari 2024
Beleid & wetgeving

This changes in the terms of use due to the DSA

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

With the Terms of Use, we ensure the quality of our platform. Due to DSA legislation, Articles 15, 19, and 21 in the Conditions of Use Professional Sales via bol will change as of February 17, 2024.

DSA: Digital Services Act

You can find everything about the DSA changes and their impact on you as a partner in the news article about the DSA.

  1. A seller account can be blocked, suspended, or terminated by bol at any time, with reasons provided. This will, for example, be the case if bol suspects a violation of one or more of the applicable terms, in cases of fraud, if the Professional Partner leaves bol invoices unpaid, if there is distribution of illegal content (as defined in Article 3 sub h Regulation (EU) 2022/2065) (including infringement of intellectual property rights of bol or third parties), if the Professional Partner regularly reports illegal content to bol, or submits complaints via the internal complaint handling system that are clearly unfounded, if the use of the seller account disrupts the proper functioning of the bol environment, or if, in bol's opinion, it could be detrimental to the good name of bol or third parties. This is, for example, the case if a director of the seller account has been involved in another seller account that was closed due to a violation of these Terms of Use.
  2. If bol proceeds to terminate a seller account, bol will observe a notice period of 30 days, with the exception of the situations described in paragraph 4 of this article.
  3. A suspension of a seller account, in accordance with paragraph 1 of this article, for example, due to a reasonable suspicion of distributing illegal content (as defined in Article 3 sub h Regulation (EU) 2022/2065), is intended to assess whether policy points deduction based on paragraph 4 of this article or termination of the seller account based on paragraph 1 or paragraph 4 of this article is justified. The duration of the suspension depends on the relevant facts and circumstances.
  4. bol is entitled to terminate the seller account with immediate effect if i) mandatory national law stipulates otherwise, ii) bol exercises a right of termination for a compelling reason based on national legislative provisions, and iii) the Professional Partner repeatedly fails to comply with the service standards or the Terms of Use. Violation of the Terms of Use can lead to policy violations and points deduction, where a total of zero points means closure of the seller account.
  5. The policy violations are divided into several main categories, which are described on the Website for Professional Partners. For the various policy violations and the associated amount of points deduction, relevant facts and circumstances are taken into account. Examples include the seriousness of the violation and the impact of the policy violation on customers, other Professional Partners, bol, or third parties. The Website for Professional Partners provides examples of concrete facts and circumstances that are considered per main category of policy violations.
  6. bol is also entitled at all times to no longer make the functionalities for Professional Seller Status available.
  7. The Professional Partner can have the seller account closed at any time by sending an email to bol's Partnerservice department (email address: zakelijkeverkopen@bol.com) 30 days before the desired termination date.

Article 19 – Internal complaint handling system

 

  1. If the Professional Partner is not satisfied with the way bol performs its services, the Professional Partner can submit a complaint to bol free of charge by sending an email to the address partnerklachten@bol.com.
  2. Within a reasonable period after receiving the complaint, as referred to in paragraph 1, a designated bol employee will contact the Professional Partner by phone or in writing to discuss the complaint and (attempt to) achieve a solution. bol aims to do this within thirty working days.
  3. The Professional Partner is entitled at all times to amend or withdraw their complaint. If the Professional Partner amends their complaint, bol will contact the Professional Partner within a reasonable period as referred to in paragraph 2 after receiving that amendment.
  4. bol will communicate its decision regarding the complaint to the Professional Partner in writing. The decision will include a justification for the decision and will inform the Professional Partner of their further (redress) options.
  5. In the event that the Professional Partner and the bol employee have been unable to resolve the complaint, the Professional Partner can submit the complaint free of charge to bol's complaints committee (hereinafter: “the Complaints Committee”). The Professional Partner will receive this option after they and the bol employee have been unable to resolve the complaint. The Professional Partner can inform that bol employee that they wish to submit their complaint to the Complaints Committee.
  6. The Complaints Committee will issue a written decision within a reasonable period after receiving the complaint. bol aims to do this within thirty working days, unless further investigation is necessary. If this investigation leads to an extension of the period, the Complaints Committee will inform the Professional Partner accordingly.
  7. If the Professional Partner disagrees with the decision of the Complaints Committee, they can turn to one of the external and independent mediators (as stipulated in Article 20 of the Terms of Use).
  8. bol will annually, by March 1st at the latest, publish an overview on the Partnerplatform of i) the total number of complaints submitted, ii) the main types of complaints, and iii) the average time required for processing complaints over the past year.
  9. If the Professional Partner has questions about the complaint handling process, the Professional Partner can contact partnerklachten@bol.com.

Article 21 – Miscellaneous

 

  1. The Professional Partner shall never present themselves as an agent or representative of bol and shall in particular not make any commitments or incur obligations for or on behalf of bol. The Professional Partner fully indemnifies bol for all damages and/or costs of any nature whatsoever arising from non-compliance with this article.
  2. The Professional Partner is not entitled to transfer (a part of) their Professional Seller Status to a third party, unless bol has given its prior written consent.
  3. bol is entitled at all times to change these Terms of Use, the service levels (appendix 2), and the Website for Professional Partners. bol will inform Professional Partners 15 days, or as much longer as bol deems reasonable for the Professional Partner to implement technical and commercial adjustments, prior to the effective date of the amended Terms of Use. During this period, the Professional Partner can terminate their seller account as a result of the (proposed) changes by sending an email to zakelijkverkopen@bol.com. The changes will not take effect until after the aforementioned period has expired. The amended Terms of Use will be published in the environment. If a Professional Partner continues to use their seller account after notification of the amended Terms of Use, they thereby accept the applicability of the amended Terms of Use and/or the Website for Professional Partners, and their right to terminate expires. It is therefore advisable to consult the Terms of Use and the Website for Professional Partners before using the seller account.
  4. The minimum notice period of 15 days (see paragraph 3) does not apply if bol changes the Terms of Use i) based on a legal obligation or ii) to address an unforeseen imminent danger related to protection against fraud, malware, spam, privacy breaches and misuse of personal data, or risks related to cybersecurity. The amended Terms of Use will then be effective immediately upon notification and publication.
  5. If any provision of these Terms of Use should be contrary to applicable law, this provision will be amended in such a way that it will be in accordance with the applicable law, as much as possible while observing the purport of the relevant provision.
  6. The Professional Partner agrees that bol will inform them from time to time via email at the email address known to bol about the use and possibilities of the Platform and/or seller account, such as but not limited to the operation and (any new) (application) possibilities of the Platform and/or the seller account (so-called service emails).
  7. bol can on its own initiative carry out voluntary investigations into or take other measures aimed at detecting and identifying illegal content (as defined in Article 3 sub h Regulation (EU) 2022/2065) or terrorist content (as defined in Article 2 paragraph 7 Regulation (EU) 2021/784). In doing so, bol uses both automated systems and human moderators. Based on such an investigation, bol can modify, remove, make inaccessible, or place a warning on the illegal or terrorist content.

Want to know everything about the DSA changes? View this news article on the Partnerplatform.

As of February 17, 2024, the Terms of Use will also change on a number of other topics. Read more about this in this news article.