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 contract

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Compliance and warranty

Article 11 - Delivery and implementation

Article 12 - Continuing performance contracts: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or deviating provisions

Article 17 - Privacy statement

 

Article 1 - Definitions

In these General Terms and Conditions, the following definitions are used:

1. Reconsideration period: the period during which the consumer may exercise their right of withdrawal;

2. Consumer: the natural person not dealing on behalf of a company or profession and who enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Continuing performance contract: a distance contract concerning a series of products and/or services whose supply and/or purchase obligation are spread over a period of time;

5. Durable medium: any instrument which enables the consumer or the entrepreneur to store information addressed personally to them in a manner that makes future consultation and unchanged reproduction of the saved information possible;

6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reconsideration period;

7. Entrepreneur: the natural or legal person who offers products and/or services to consumers via distance selling;

8. Distance contract: a contract in which, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more technologies for distance communication;

9. Technology for remote communication: means that can be used to conclude a contract, without requiring the consumer and entrepreneur to come together in the same space at the same time.

 

Article 2 - Identity of the entrepreneur

Woombie Nederland

Gorterstraat 66

8044 RD Zwolle

Email address: info@woombie.nl

Chamber of Commerce no.: 61165077

VAT identification number: NL109985217B01

 

Article 3 - Applicability

1. These General Terms and Conditions shall apply to all offers from the entrepreneur and all distance contracts between the entrepreneur and the consumer.

2. Before a distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, then, before the distance contract is concluded, it shall be stated that the General Terms and Conditions can be read at the entrepreneur’s location and that they will be mailed to the consumer free of charge at the consumer’s request as soon as possible.

3. If the distance contract is concluded electronically, then in derogation of the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may also be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, how the General Terms and Conditions can be inspected electronically and that they will be mailed free of charge at the consumer's request, electronically or in another manner.

4. In the event that aside from these General Terms and Conditions, specific product and service conditions also apply, the second and third paragraphs apply correspondingly, and in case of conflict with the General Terms and Conditions, the consumer can always rely on the relevant provision that is most favourable for the consumer.

 

Article 4 - The offer

1. If an offer is valid for a limited period or is made subject to conditions, this shall be expressly stated in the offer.

2. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed allowing the consumer to make a good assessment. If the entrepreneur makes use of illustrations, these will be a faithful representation of the products and/or services being offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

3. All offers contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

o the price including taxes;

o the possible costs of delivery;

o how the contract will be concluded and what actions are required;

o whether or not the right of withdrawal applies;

o method of payment, delivery and execution of the contract;

o the period during which the offer may be accepted, or the period within which the entrepreneur guarantees the price;

o the rate for distance communication if the cost of using the technology for distance communication is calculated on a basis other than the regular base rate for the means of communication used;

o whether the contract will be filed after it is concluded and, if so, the manner in which it can be consulted by the consumer;

o the manner in which the consumer, before concluding the contract, can check the data they have provided in the context of the contract and correct it if so desired;

o any languages other than Dutch in which the contract may be concluded;

o the codes of conduct which the entrepreneur has submitted themselves to and the manner in which the consumer can consult these codes of conduct by electronic means; and

o the minimum duration of the distance selling contract in case of a continuing performance contract.

 

Article 5 - The contract

1. Subject to the provisions in paragraph 4, the contract will be concluded at the moment the consumer accepts the offer and meets the conditions set for it.

2. If the consumer has accepted the offer via electronic means, the entrepreneur shall promptly confirm receipt of the acceptance of the offer via electronic means. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer may dissolve the contract.

3. If the contract is concluded by electronic means, then the entrepreneur shall take suitable technical and organisational measures to secure the electronic transfer of data and they will ensure there is a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures to this end.

4. The entrepreneur may, within the limits of the law, ascertain whether the consumer is able to meet their payment obligations, as well as inform themselves of all those facts and factors that are important for the sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to conclude the contract, then they are entitled to refuse an order or request, stating their reasons for doing so, or to attach special conditions to the implementation of the contract.

5. Along with the product, the entrepreneur shall send the following information to the consumer in writing or in such a manner that it can be saved by the consumer in an accessible manner on a durable medium:

a. the visiting address of the entrepreneur's business establishment where the consumer can submit complaints;

b. the conditions on which and the manner in which the consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;

c. the information corresponding to existing after-sales services and warranties;

d. the data recorded in Article 4, paragraph 3 of these General Terms and Conditions, unless the entrepreneur has already provided this data to the consumer prior to the implementation of the contract;

e. the requirements for termination of the contract if the contract has a duration of more than one year or is for an indefinite period.

6. In case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 - Right of withdrawal

For the delivery of products:

1. With the purchase of products, the consumer is given the opportunity to dissolve the contract, without giving a reason for doing so, for a period of 14 days. This reconsideration period commences on the day after the consumer, or a representative designated in advance and announced to the entrepreneur by the consumer, receives the product. The consumer then has 14 days to return the product.

2. During the reconsideration period, the consumer will carefully handle the product and the packaging. They shall unpack or use the product only to the extent to which it is necessary to assess whether or not they wish to keep the product. If the consumer makes use of their right of withdrawal, they shall return the product with all delivered accessories and –if reasonably possible– in the original condition and packaging to the entrepreneur, along with a fully completed withdrawal form which is enclosed by the entrepreneur at the initial delivery of the product to consumer, all in accordance with the reasonable and clear instructions given by the entrepreneur.

For the delivery of services:

3. When delivering services, the consumer is given the opportunity to dissolve the contract, without a statement of reasons, for a period of 14 days, starting on the effective date of the contract.

4. To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions given by the entrepreneur in this context during the offer and/or at latest before the delivery.

 

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of their right of withdrawal, they shall bear, at a maximum, the costs of returning the product.

2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, yet at the latest within 14 days after the return or withdrawal.

 

Article 8 - Exclusion of right of withdrawal

1. The entrepreneur may exclude the right of withdrawal of the consumer in so far as provided in paragraph 2 and 3. The exclusion of the right of withdrawal pertains only if the entrepreneur has stated this clearly in the offer or, in any case, in time before the conclusion of the contract.

2. Exclusion of the right of withdrawal is only possible for products:

a. that are created by the entrepreneur in accordance with the specifications of the consumer;

b. that are clearly of a personal nature;

c. that, due to their nature, cannot be returned;

d. that expire or age quickly;

e. for which the price is connected to fluctuations on the financial market over which the entrepreneur has no control;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software, of which the seal has been broken by the consumer.

3. Exclusion of the right of withdrawal is only possible for services:

a. regarding accommodation, transportation, hospitality or leisure services to be provided on a specific date or within a specific period;

b. of which performance has begun, with the consumer's express consent, before the end of the reconsideration period;

c. regarding bets and lotteries.

 

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes resulting from changes in VAT rates.

2. In derogation from the previous paragraph, the entrepreneur may offer products or services for which the prices are subject to fluctuations in the financial market and that are beyond the entrepreneur’s control, at variable prices. This connection to fluctuations and the fact that any prices given are recommended prices shall be stated in the offer.

3. Price increases occurring within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.

4. Price increases starting 3 months after the conclusion of the contract are only permitted if the entrepreneur has insisted on this and:

a. if these increases are the result of legal regulations or provisions; or

b. the consumer is authorised to cancel the contract effective on the day on which the increase commences.

5. The prices of products or services mentioned in the offer include VAT.

 

Article 10 - Compliance and warranty

1. The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, the reasonable requirements of soundness and/or usability and with the statutory provisions and/or government regulations existing on the day the contract is created. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

2. A warranty provided by the entrepreneur, manufacturer or importer does not in any way impede the legal rights and claims that the consumer may invoke against the entrepreneur on the basis of the contract.

 

Article 11 - Delivery and implementation

1. The entrepreneur shall exercise the greatest possible care in taking and fulfilling orders for products and for assessing requests for the provision of services.

2. The address that the consumer has provided to the company applies as the place of delivery.

3. With due observance of that which is stipulated in Article 4 of these General Terms and Conditions, the company shall carry out the accepted orders with due speed, yet no later than within 30 days, unless a longer delivery period is agreed. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially filled, the consumer shall be informed about this no later than 30 days after having placed the order. In such cases, the consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.

4. If the contract is dissolved in accordance with the previous paragraph, then the entrepreneur shall refund the amount that the consumer has paid as soon as possible, yet no later than within 30 days after the dissolution.

5. If delivery of an ordered product appears to be impossible, the entrepreneur will endeavour to make a replacement product available. It will be stated in a clear and understandable way, no later than at the time of delivery, that a replacement product will be delivered. The right of withdrawal cannot be excluded for substitute articles. The costs of any return will be borne by the entrepreneur.

6. The risk of damage and/or the loss of products is borne by the entrepreneur up to the moment delivery is made to the consumer or to a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

 

Article 12 - Continuing performance contracts: duration, termination and extension

Termination

1. The consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.

2. The consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.

3. The consumer may cancel the contracts mentioned in the preceding paragraphs:

o at any time and not be limited to termination at a particular time or in a given period;

o at least in the same way as they were concluded by the consumer;

o at all times with the same notice as the entrepreneur stipulated for themselves.

Extension

4. A contract concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

5. Notwithstanding the preceding paragraph, a contract concluded for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of three months at the most, if the consumer can terminate this extended contract towards the end of the extension with a notice of one month at the most.

6. A contract that is entered into for a definite period and that extends to the regular delivery or products or services may only be silently extended for an indefinite period if the consumer may terminate at any time with a period of notice amounting at most to one month, and a period of notice amounting at most to three months if the contract extends to regular deliveries occurring less often than once a month of daily papers, newspapers, weekly papers and other periodicals.

7. A contract with limited duration for regular delivery of dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.

Duration

8. If a contract has a duration of more than one year, the consumer may always terminate the contract with a period of notice amounting at most to one month, unless reasonableness and fairness bar termination before the end of the agreed term.

 

Article 13 - Payment

1. As far as no other date has been agreed, sums payable by the consumer should be paid within 7 business days after the start of the withdrawal period as stipulated in article 6 paragraph 1. In case of a contract to provide a service, this period starts on the day after the consumer has received the confirmation of the contract.

2. When selling products to consumers, the General Terms and Conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.

3. The consumer has the duty to immediately report to the entrepreneur inaccuracies in the provided or stated payment information.

4. In case of late payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

 

Article 14 - Complaints

1. The entrepreneur has a sufficiently published complaints procedure and handles any complaint in accordance with this complaints procedure.

2. Complaints about the execution of the contract must be submitted to the entrepreneur, completely and clearly described, within a reasonable time after the consumer has noted the defects.

3. Complaints submitted to the entrepreneur will be responded to within a period of 14 days counting from the date of receipt. If a complaint requires a foreseeably longer time to handle, the entrepreneur shall respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect to receive a more detailed response.

4. If the complaint cannot be solved in consultation between the parties, there will be a dispute that is open to the dispute settlement rules.

 

Article 15 - Disputes

1. Contracts between the entrepreneur and the consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.

2. In the event of disputes, the consumer can contact Stichting WebwinkelKeur, which will mediate free of charge. Should no solution then be reached, the consumer has the option of having the complaint handled by Stichting GeschilOnline, whose decision is binding and both the entrepreneur and the consumer consent to this binding decision.

 

Article 16 - Additional or deviating provisions

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the consumer’s detriment and must be put in writing or recorded in such a way that the consumer can store them in an accessible manner on a long-term data carrier.

 

Article 17 - Privacy statement

 

Woombie.nl hereby expressly declares that all address information and personal information provided by you will only be used for its own administration and information provision. Personal information is not resold and not made available to third parties.

© 2013 - 2018 woombie | sitemap | rss | ecommerce software - powered by MyOnlineStore
This website uses cookies. Accept More information
What is a cookie ? A cookie is a small text file that is sent to your computer. When you visit a website Both this website and other parties may place cookies . What are cookies used for? This website uses cookies to improve . Ease of use and performance of the website Using cookies , we make sure to include that you do not always receive the same information when you visit our site or enter . Cookies make surfing the site so much more pleasant . There are different types of cookies . This website uses persistent cookies and session cookies. Permanent cookies : Allows the website can be set to your preferences. For example, to your consent to allow cookies to remember. As a result, you do not have to repeat so you save time and easily navigate through the online store . Your preferences Persistent cookies can be removed via the settings of your browser . Session cookies : Using a session cookie , we can see which parts of the website you have viewed this visit . We can therefore adapt to the surfing behavior of our visitors as possible. Webshop These cookies are automatically deleted when you close your browser . With the specific purpose of this Web site places cookies ? This web site places cookies for the following reasons : Shopping Cart ( functional cookie) : Remember what products are in your shopping cart. Without this cookie , you can order any products or in your shopping basket . Cookie selection ( functional cookie) : Remember that you have given to the placing of cookies our permission . Google Analytics ( tracking cookie ) : Measure how you use the website and how you found us and reports in attempt to gain insight here . Google AdWords ( tracking cookie ) : we measure how you use the website and how you found us. We use this knowledge to improve . Our AdWords campaigns Facebook ( Social Media cookie) : This cookie is possible to 'like' our Facebook page . This button works through code from Facebook itself originates . Twitter ( Social Media cookie) : This cookie is possible to follow our Twitter page . This button works through code that originates from Twitter itself . AddThis ( Social Media cookie) : This cookie is it possible to share via Facebook , Twitter , Hyves and various other social media websites our content . Affiliate marketing (marketing cookies) : We use these cookies to reward them for their contribution to the sales partner sites (affiliates , such Daisycon , TradeTracker and Cleafs ) . Review sites (marketing Cookies ): We like to be judged by customers . We use a review site such as The Feedback Company. These places cookies for proper operation . How can I manage or delete cookies ? Generally, cookies can be managed , edited and deleted by your browser . More information on and off , and cookies can be found in the instructions and / or using the help function of your browser .