Terms of service

General Terms and Conditions

 

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Agreement

Article 6 - Right of Withdrawal

Article 7 - Costs in Case of Withdrawal

Article 8 - Exclusion of the Right of Withdrawal

Article 9 - The Price

Article 10 - Conformity and Warranty

Article 11 - Delivery and Execution

Article 12 - Continuing Performance: Duration, Termination, and Renewal

Article 13 - Payment

Article 14 - Complaints Procedure

Article 15 - Disputes

Article 16 - Additional or Deviating Provisions

Article 17 – Repeat Subscription

Article 18 - Force Majeure

 

Article 1 - Definitions

In these Terms and Conditions, the following terms have the following meanings:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person not acting in the course of a profession or business and entering into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over a specific period;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a manner that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
7. Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can complete if they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;
9. Distance contract: a contract concluded using one or more remote communication technologies exclusively within a system organized by the entrepreneur for the remote sale of products and/or services until the contract is concluded;
10. Remote communication technology: a means that can be used for concluding a contract without the consumer and entrepreneur being together in the same place simultaneously.
11. General Terms and Conditions: these general terms and conditions of the entrepreneur.
12. Repeat subscription: an agreement whereby the consumer commits to purchasing a predetermined number of products, which are delivered as a standard bundle every 24 weeks, unless the consumer explicitly opts out of this delivery method.
13. Opt-out: the option for a consumer with an existing 4, 8, or 12-week subscription to temporarily opt out of the standard 24-week delivery and maintain the original frequency, with a higher price per brush head applicable.
14. Opt-out period: the temporary period during which consumers with an existing subscription can maintain their current frequency under adjusted conditions.
15. Lifetime warranty: a warranty on the Boombrush electric toothbrush that applies only as long as the Repeat subscription is active.

 

Article 2 - Identity of the Entrepreneur

Boombrush B.V

Hofplein 19, 3032 AC Rotterdam

Email address: service@boombrush.com

Chamber of Commerce number: 73933562; VAT number: NL859715085B01

 

Article 3 - Applicability

1. These general terms and conditions apply to every offer by the entrepreneur and to all concluded distance contracts and orders between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, before the distance contract is concluded, the consumer will be informed that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or in another manner at the consumer's request.
4. If, in addition to these general terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 apply accordingly, and in case of conflicting terms, the consumer can always invoke the applicable provision that is most favorable to them.
5. If one or more provisions of these general terms and conditions are at any time void or wholly or partially annulled, the remaining provisions of the agreement and these general terms and conditions remain in force, and the relevant provision will be replaced immediately by mutual agreement with a provision that approximates the original provision's intent as closely as possible.
6. Situations not provided for in these General Terms and Conditions should be assessed "in the spirit" of these General Terms and Conditions. 7. Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted "in the spirit" of these General Terms and Conditions.

 

Article 4 - The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
3. The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Product images are a true representation of the offered products. The company cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains such information that the consumer is aware of the rights and obligations associated with accepting the offer. This particularly concerns:
7. the price including taxes and any shipping costs;
8. the manner in which the agreement is concluded and which actions are required for this;
9. whether the right of withdrawal applies;
10. the method of payment, delivery, and execution of the contract;
11. the period for accepting the offer or the period within which the entrepreneur guarantees the price;
12. the cost of remote communication, if applicable;
13. whether the agreement is archived after conclusion and if so, how it can be viewed by the consumer;
14. the manner in which the consumer can check and, if necessary, correct the data provided by them under the agreement before concluding the agreement;
15. any language other than Dutch in which the agreement can be concluded;
16. the codes of conduct to which the entrepreneur adheres and how these can be viewed;
17. the minimum duration of the distance contract in case of a duration transaction.
18. When offering Repeat subscriptions, the following is clearly stated:
    • the standard delivery frequency of 1 delivery per 24 weeks;
    • the possibility of a temporary opt-out for existing customers, including the associated price increase to €7 per brush head;
    • the conditions for modification or termination after the first delivery;
    • the expiry of the lifetime warranty upon termination after one delivery.

 

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may – within legal limits – verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request for motivated reasons or to attach special conditions to the execution.
5. The entrepreneur sends the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
   • the visiting address of the entrepreneur's establishment where the consumer can address complaints;
   • the conditions and manner in which the consumer can exercise the right of withdrawal or a clear notice regarding the exclusion of the right of withdrawal;
   • details of warranties and existing after-sales service;
   • the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before concluding the agreement;
   • the conditions for terminating the agreement if the agreement has a term of more than one year or is indefinite.
6. In the case of a long-term transaction, the provisions of the previous paragraph apply only to the first delivery.
7. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
8. The entrepreneur reserves the right to correct obviously incorrect prices at any time, even after the agreement has been concluded. An agreement based on an obviously incorrect price is deemed never to have been validly concluded. The entrepreneur reserves the right to charge the regular price in case of pricing errors. The consumer is presumed to know or reasonably estimate the regular prices of products. The entrepreneur cannot be bound to prices that are so low that they are obviously based on a mistake.
9. When concluding a Repeat subscription, the consumer confirms having acknowledged:
   • the standard delivery frequency of 1 bundle per 24 weeks;
   • the temporary opt-out possibility for existing customers who wish to maintain their 4, 8, or 12-week deliveries;
   • the higher price of €7 per brush head when using the opt-out arrangement;
   • the right to terminate the subscription after the first delivery;
   • the expiry of the lifetime warranty on the toothbrush upon termination after only one delivery.

 

Article 6 - Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 60 days. This cooling-off period starts the day after receipt of the product by the consumer or a representative designated in advance by the consumer and the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – as far as reasonably possible – in the original state and packaging to the entrepreneur, in accordance with the entrepreneur's reasonable and clear instructions.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 60 days after receipt of the goods. The consumer should preferably indicate this using the model form. After the consumer has indicated they wish to exercise their right of withdrawal, the customer must return the product within 60 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
4. The consumer is responsible for the costs of returning products, unless these costs are caused by a defect in the product or an error by the entrepreneur. If the product is not defective but the consumer is dissatisfied with it, return costs of €4.95 will be charged for return shipment via the reply-paid number.
5. If the customer has not indicated they wish to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is final.

For the provision of services:

1. When providing services, the consumer has the option to dissolve the agreement without giving reasons within at least 14 days from the day the agreement is concluded.
2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.
3. Return costs for products that are not defective or for which no error by the entrepreneur has been established are the responsibility of the consumer. The consumer can use a reply-paid number provided by the entrepreneur at a cost of €4.95.
4. The right of withdrawal applies only to the first delivery under the Repeat subscription. After receipt of the first delivery and the expiry of the cooling-off period, the consumer is bound to the agreement, unless they exercise their right of termination as specified in article 12. Upon termination after one delivery, the right to the lifetime warranty expires.

 

Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, they are responsible for at most the costs of return shipment.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. The condition is that the goods have already been received by the entrepreneur or that the return shipment can be conclusively proven. The refund will be made via the same payment method used by the consumer, unless the consumer explicitly agrees to another payment method.
3. If the product is damaged due to careless use by the consumer, the consumer is liable for depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the agreement.
5. If the consumer returns a product via the reply-paid number, the entrepreneur reserves the right to charge €4.95 for shipping costs. These costs are not charged if the product is defective or when the defect is due to an error by the entrepreneur.
6. In case of withdrawal of a Repeat delivery falling under the opt-out arrangement, it also applies that the return costs are the responsibility of the consumer. The additional costs associated with the opt-out price (€7 per brush head) will not be reimbursed, unless there is a defect or error on the part of the entrepreneur.

 

Article 8 - Exclusion of the Right of Withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • a. that have been manufactured by the entrepreneur according to the consumer's specifications;
   • b. that are clearly personal in nature;
   • c. that cannot be returned due to their nature, for example for hygienic reasons and whose seal has been broken;
   • d. that perish or age quickly;
   • e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   • f. individual newspapers and magazines;
   • g. audio and video recordings and computer software whose seal has been broken by the consumer;
   • h. hygiene products whose seal has been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
   • a. relating to accommodation, transport, restaurant activities, or leisure activities to be performed on a specific date or during a specific period;
   • b. whose delivery has begun with the explicit consent of the consumer before the end of the cooling-off period;
   • c. relating to bets and lotteries.
4. For Repeat subscriptions, the right of withdrawal applies only to the first delivery. After receipt of the first delivery and the expiry of the cooling-off period, the consumer is bound to the agreement. For an opt-out Repeat delivery, the right of withdrawal is also limited to the first delivery of the adjusted model.

 

Article 9 - The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates and inflation.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that the stated prices are indicative prices must be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are based on legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   • a. they result from legal regulations or requirements; or
   • b. the consumer has the right to terminate the agreement effective from the date the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing, typesetting, and programming errors. The entrepreneur expressly reserves the right to correct obviously incorrect prices, even after the agreement has been concluded. In case of an incorrect price indication, the entrepreneur is entitled to charge the regular price. When it is or should be clear to a reasonably acting consumer that the advertised price concerns an obvious mistake or error, the entrepreneur can invoke this mistake at any time and is not bound to deliver at the incorrect price. The entrepreneur reserves the right to charge the regular price in such cases or to unilaterally dissolve the agreement.
7. For Repeat subscriptions, a standard price of €6 per brush head applies for delivery in 24-week bundles. Consumers using the opt-out arrangement and maintaining their delivery frequency at 4, 8, or 12 weeks pay an increased rate of €7 per brush head. This price applies as long as the opt-out is active.

 

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations applicable at the time the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for advice regarding the use or application of the products.
5. The warranty does not apply if:
   • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
   • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or on the packaging;
   • the defect is wholly or partly due to regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
6. Boombrush offers a lifetime warranty on the electric toothbrush, provided it is used in combination with an active Repeat subscription with standard deliveries every 24 weeks. This warranty lasts for the duration of the subscription and provides coverage for defects arising from material or manufacturing faults, provided the product has been used according to the usage instructions. Upon termination of the subscription or after only one delivery, the lifetime warranty expires. The warranty does not apply when using the opt-out model after termination of the subscription.
7. The entrepreneur offers a recycling program for used brush heads. The consumer can return these free of charge via a specific reply-paid number or deposit them at a recycling point designated by the entrepreneur. The entrepreneur ensures responsible processing of the brush heads and promotes sustainable waste reduction. If the recycling bag contains fewer than six items, the entrepreneur reserves the right to charge €4.95 in costs.

 

Article 11 - Delivery and Execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The entrepreneur strives to use environmentally friendly packaging and recycled materials in all its deliveries. Consumers are encouraged to reuse or recycle packaging materials in accordance with local regulations.
3. The place of delivery is the address made known to the company by the consumer.
4. Subject to what is stated in paragraph 5 of this article, the company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer has no right to compensation.
5. All delivery times are indicative. No rights can be derived from specified delivery dates. Exceeding a term does not give the consumer any right to compensation.
6. In case of dissolution according to paragraph 4 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
7. If delivery of an ordered product proves impossible, the entrepreneur will make efforts to supply replacement items. The delivery of a replacement item will be communicated in a clear and understandable manner at the latest upon delivery. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are the responsibility of the entrepreneur.
8. The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
9. For Repeat subscriptions, the standard delivery is: one combined delivery of brush heads and any other accompanying products every 24 weeks. This shipment is sent bundled at predetermined times.
10. Consumers who use the opt-out arrangement within the stipulated period receive their brush heads at the original frequency (4, 8, or 12 weeks). The entrepreneur reserves the right to offer and terminate this arrangement temporarily, observing a reasonable notice period.
11. The consumer is informed by email prior to each Repeat delivery about the upcoming delivery. This email contains information about the delivery date and, where applicable, offers the possibility to adjust or pause the shipment within a set period.

 

Article 12 - Continuing Performance: Duration, Termination, and Renewal

Termination

1. The consumer can terminate an agreement concluded for an indefinite period and aimed at the regular delivery of products or services at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement concluded for a definite period and aimed at the regular delivery of products or services at any time at the end of the definite term, observing the applicable termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
   • at any time and not be limited to termination at a specific time or during a specific period;
   • at least terminate in the same manner as they were entered into;
   • always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

1. An agreement concluded for a definite period and aimed at the regular delivery of products or services may not be tacitly renewed or extended for a definite period.
2. Contrary to the previous paragraph, an agreement concluded for a definite period and aimed at the regular delivery of daily, news, and weekly newspapers or magazines may be tacitly extended for a maximum of three months, provided the consumer can terminate this extended agreement before the end of the extension period with a notice period of no more than one month.
3. An agreement concluded for a definite period and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and no more than three months if the agreement is aimed at the regular, but less than once per month, delivery of daily, news, and weekly newspapers or magazines.
4. An agreement for a definite term for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration of Repeat Subscription

1. For Repeat subscriptions, a standard delivery interval of 24 weeks applies. The consumer can terminate the subscription after receiving the first delivery, without further obligation to purchase.
2. Upon termination after only one delivery, the lifetime warranty on the Boombrush toothbrush expires. This condition is clearly stated when entering into the subscription.
3. Consumers using the opt-out arrangement maintain their original delivery frequency (4, 8, or 12 weeks), but for this group too, the subscription can be terminated after the first delivery.
4. The notice period for all Repeat subscriptions is at least 1 delivery interval, depending on the chosen model (24 weeks or the opt-out frequency).

 

Article 13 - Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. For a service, this period starts after the consumer receives confirmation of the contract.
2. The consumer is obliged to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
3. In case of default by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.
4. The entrepreneur is entitled to charge €5.00 in administrative costs if a payment or collection is refused, for example due to insufficient funds, chargeback, or reversal.
5. For Repeat subscriptions, payment is made via automatic debit prior to each delivery. The collection frequency is standard once every 24 weeks, unless the consumer uses the opt-out arrangement, in which case the debit occurs every 4, 8, or 12 weeks, according to the chosen frequency.
6. The price per brush head is €6 for standard delivery every 24 weeks. When using the opt-out arrangement, a rate of €7 per brush head applies.

 

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after discovery of the defect.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the consumer will receive an acknowledgment of receipt within 14 days and an indication of when they can expect a more detailed response.
4. The entrepreneur strives to resolve complaints within 30 days of receipt, unless a longer period is necessary due to the complexity of the complaint. In that case, the consumer will be informed of the progress.
5. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes settlement procedure.
6. For complaints, the consumer should first contact the entrepreneur via the contact details as stated in Article 2. If a complaint cannot be resolved by mutual agreement, the consumer has the option to submit the complaint to an independent disputes committee or via the European Online Dispute Resolution Platform (http://ec.europa.eu/odr). The decision of the disputes committee is binding for both consumer and entrepreneur.
7. Submitting a complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
8. If a complaint is found to be valid, the entrepreneur will, at their choice, replace or repair the delivered item free of charge. For complaints about Repeat deliveries, only the last shipment is considered. Upon termination of a subscription after one delivery, the right to additional goodwill or repair beyond the statutory warranty expires.

 

Article 15 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention (CISG) does not apply.
3. Disputes arising from an agreement between the entrepreneur and the consumer can be submitted to a competent court in the Netherlands or to a recognized disputes committee, provided both parties agree. Consumers can also use the European disputes platform via http://ec.europa.eu/odr.

 

Article 16 - Additional or Deviating Provisions

1. The entrepreneur reserves the right to modify or supplement these general terms and conditions at any time.
2. Amendments to these conditions take effect when published on the entrepreneur's website, unless otherwise indicated.
3. For existing agreements, the amended conditions apply from the next order or delivery, unless the consumer objects in writing within 14 days after publication. In that case, the old version remains applicable until the end of the current subscription period.
4. If a consumer objects to the changes and the entrepreneur decides to continue the agreement under the old conditions, the entrepreneur may still decide to terminate the agreement if the new conditions are necessary for business operations.
5. The consumer will be informed at least 30 days before the effective date of a substantive change in the conditions affecting Repeat subscriptions (such as frequency, price, or warranty) via email or via the entrepreneur's website. During this period, the consumer can, if applicable, sign up for an opt-out or decide to terminate the subscription. If no action is taken, the consumer agrees to the change.

 

Article 17 - Repeat Subscriptions

1. Boombrush offers Repeat subscriptions where brush heads are delivered as a standard bundle once every 24 weeks.
2. When concluding a Repeat subscription, the consumer agrees to this standard delivery every 24 weeks, including automatic debit prior to each delivery.
3. For existing customers, a temporary opt-out arrangement applies, allowing them to maintain their previous delivery frequency of 4, 8, or 12 weeks. When using the opt-out, a price of €7 per brush head applies instead of €6.
4. The opt-out is only available within a period determined by the entrepreneur and becomes active if the consumer explicitly confirms it. If no action is taken, delivery automatically switches to every 24 weeks.
5. The consumer can terminate the Repeat subscription after the first delivery, without further purchase obligation. This applies to both the standard model and the opt-out variant.
6. Upon termination of the Repeat subscription, the right to the lifetime warranty on the Boombrush electric toothbrush expires. This condition is clearly stated when registering for the subscription.
7. The entrepreneur reserves the right to change the delivery model, frequency, or price of the Repeat subscription. In case of changes, consumers are informed at least 30 days in advance and given the opportunity to adjust or terminate the subscription free of charge.
8. All Repeat deliveries are announced in advance by email with information about the upcoming shipment. The consumer has the option to pause the delivery or adjust the address within the set period, as stated in the email.

 

Article 18 - Force Majeure

In case of force majeure, the entrepreneur has the right to temporarily suspend the execution of the agreement. Force majeure is understood to mean any circumstance independent of the will of the entrepreneur that wholly or partially prevents the fulfillment of obligations towards the consumer. This includes, but is not limited to: strikes, fire, disruptions in shipping or communication traffic, power outages, pandemics, government measures, and failures of suppliers or third parties.

In case of temporary force majeure, the entrepreneur will make efforts to execute the delivery at a later time. If performance becomes permanently impossible or the force majeure situation lasts longer than two consecutive delivery intervals (such as 48 weeks for Repeat), both parties have the right to terminate the agreement in writing without entitlement to compensation.

In the event of termination due to force majeure, any claim to a lifetime warranty also expires, unless the product was already defective prior to the force majeure situation and this was demonstrably reported by the consumer.