Terms & Conditions
Artikel 1 - Definitions
Artikel 2 - Identity of the Entrepreneur
Artikel 3 - Applicability
Artikel 4 - The Offer
Artikel 5 - The Agreement
Artikel 6 - Right of Withdrawal
Artikel 7 - Costs in the Event of Withdrawal
Artikel 8 - Exclusion of the Right of Withdrawal
Artikel 9 - The Price
Artikel 10 - Compliance and Warranty
Artikel 11 - Delivery and Execution
Artikel 12 - Duration of Transactions: Duration, Termination and Extension
Artikel 13 - Payment
Artikel 14 - Complaints Procedure
Artikel 15 - Disputes
Artikel 16 - Additional and Differing Provisions
Article 1 – Definitions
In deze voorwaarden wordt verstaan onder:
1. Reflection period: The period within which the customer can make use of his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a remote agreement with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance (web-based) agreement relating to a series of products and/or services, of which the obligation to supply and/or purchase is spread over time;
5. Durable medium: every means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information..
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
7. Return portal: the return portal for withdrawal which the entrepreneur makes available and which a consumer may fill in if he wishes to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
9. Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
10. Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time
11. General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.
Article 2 - Identity of the Entrepreneur
- Name: D.L.R. Engelbrecht
- Address: Graspieperweide 25, 6708LR
- Telephone number: +3185-8088186
- E-mail: firstname.lastname@example.org
- KvK (Chamber of Commerce) number: 72964081
- VAT identification number: NL002278830B89
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order that is concluded between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. When the consumer completes the agreement, he will be asked whether he agrees with the general terms and conditions.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily read by the consumer. If this is not reasonably possible, before the agreement at a distance is concluded, it shall be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in some other way.
4. If one or more provisions in these general terms and conditions are invalid or declared null and void at any time, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be replaced without delay, in mutual consultation, by a provision that approximates the meaning of the original provision as closely as possible.
5. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
6. Any lack of clarity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these terms and conditions.
Artikel 4 – The Offer
1. The offer is not binding. The entrepreneur is entitled to change and adapt the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or
services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. All images, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
4. Images of products are a true representation of the products on offer. The Company cannot guarantee that the colours shown on screen will exactly match the actual colours of the products.
5. Each offer contains 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 includes taxes;
o The price of the products is exclusive of shipping costs
o The way in which the agreement will be brought about and which actions are required for this: Agreeing to general terms and conditions and payment.
o You have 14 days reflection period
o The method of payment, delivery and execution of the agreement;
o no charge will be made for communication. In any form of communication.
o The agreement will be stored. You will receive a confirmation by e-mail and we will store your data.We will never pass them on to a third party.
o After the conclusion of the agreement you will receive a confirmation by e-mail with your order, so that you can check it.
o We will never pass them on to a third party.
o After the conclusion of the agreement you will receive a confirmation by e-mail with your order. So that you can check it.
o Besides Dutch, it is also possible to conclude the agreement in English.
o If you have any questions, please ask them before you enter into the agreement.
o After the conclusion of the agreement, the reflection period starts immediately and ends 14 days after the item has been delivered to you.
o Your order will be delivered within 72 hours at the delivery address you provided, except in case of force majeure.
Artikel 5 – The Agreement
1. The agreement is concluded, subject to that which is stipulated in paragraph 4, at the moment at which you, as a consumer, accept the offer and the conditions thereby stipulated are fulfilled.
2. If you have accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate safety measures.
4. Before the agreement can be concluded, you are obliged to have paid for your order. If, on the basis of this examination, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application, giving reasons.
5. The entrepreneur will provide the following information with the product or service, in writing or in such a way that you can store it in an accessible way:
6. the details of the order.
7. you agree in advance as a consumer to the general terms and conditions, so we assume that you have read them.
8. if you have placed an order, you may receive future e-mails with a personal discount code or, for example, a preview of the clothing that is going to be on offer in the future.
9. the data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data to the consumer prior to the execution of the agreement.
10. the provisions for cancelling the agreement: cancellation is not possible after 14 days if you have paid and received a confirmation from us via email.
11. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned
Article 6 - Right of Withdrawal
1. As a customer, you have the legal right to return a product within 14 days of receipt without stating a reason. After this notification you have another 14 days to actually return the product. If you, as a consumer, make use of the right of return, we must refund the entire order amount, including shipping costs, within 14 days of the return notification.. .
2. The shipping costs for the return shipment shall be borne by the Consumer.
3. The right of withdrawal applies to all products that you can purchase from our web address www.wasaaabi.nl
4. When purchasing products, you have the option of dissolving the contract without giving reasons for a period of 14 days. This reflection period commences on the day after receipt of the item by you, the consumer, or by a representative previously designated by you and announced to the entrepreneur.
5. During the reflection period, you will treat the product and its packaging with care. You will only unpack or use the product to the extent necessary to judge whether you wish to keep the product. If you exercise your right of withdrawal, you shall return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
6. If you wish to make use of your right of withdrawal, you are obliged to inform the trader of this within 14 days of receiving the product. You are required to make this known via the return portal. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. You will need to prove that the delivered goods were returned on time, for example by means of a proof of posting
7. If, at the end of the periods specified in paragraphs 2 and 3, you have not indicated that you wish to make use of your right of withdrawal or have not returned the product to the entrepreneur, the purchase shall be regarded as a fact.
Article 7 - Costs in the Event of Withdrawal
1. If you exercise the right of withdrawal, you shall bear no more than the cost of returning the goods.
2. If you, as a consumer, have paid an amount, wasaaabi! will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. If you have chosen a different item that is more expensive than the first item ordered, you are obliged to first transfer the extra amount with your first order number, stating the article number of the returned item and the article number for which you want to exchange your item. Refunds will be made via the same payment method used by the consumer unless you explicitly authorise another payment method.
3. If the product is damaged due to careless handling by you, then you as a consumer are liable for any reduction in value of the product.
4. You cannot be held liable for any reduction in the value of the product if the entrepreneur has not provided you with all the information required by law regarding the right of withdrawal; this must be done prior to conclusion of the purchase contract..
Article 8 - Exclusion of the Right of Withdrawal
1. The entrepreneur can exclude the consumer from his right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been made by the entrepreneur according to the specifications of the consumer.
b. which cannot be returned due to their nature.
Artikel 9 - The Price
1. The prices of the offered products stated in the offer will not be increased after you have made your payment.
2. The prices stated in the offer of products or services shall include VAT.
3. All prices are subject to misprints and typesetting errors. No liability shall be accepted for the consequences of misprints and typesetting errors. In the event of misprints and typesetting errors, the company is not obliged to deliver the product at the incorrect price.
Article 10 - Compliance and Warranty
1. The entrepreneur guarantees that the products meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations existing on the date that the contract was concluded. If so agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging.
3. The guarantee period of the entrepreneur corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
4. The garantie does not apply if:
· you have repaired and/or modified the delivered products yourself or had them repaired and/or modified by third parties;
· the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.
Article 11 - Delivery and Execution
1. The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
2. The delivery location is the address that the consumer has made known to wasaaabi!
3. Subject to what is stated in paragraph 4 of this article, the company shall execute accepted orders expeditiously but not later than within 72 hours, unless the consumer has agreed to a longer delivery period.
4. If the delivery has been delayed, or if an order cannot be delivered in full or in part, the Consumer shall be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
5. All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
6. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall return the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
7. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered shall be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The costs of any return shipment shall be borne by the consumer
8. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless otherwise expressly agreed.
Article 12 - Duration of Transactions: Duration, Termination and Extension
1. The consumer may cancel an agreement that has been entered into for a period of 14 days, which extends to the regular delivery of products, at any time within the designated 14 days.
2. The consumer can terminate the agreements mentioned in the previous paragraphs:
- terminate them in the same way as they were entered into by him;
- always terminate them with the same period of notice as stipulated by the entrepreneur for himself.
3. An agreement entered into for a definite period of time, which extends to the regular delivery of products, may not be tacitly extended or renewed for a definite period of time.
4. The agreement shall not exceed 21 days in all cases.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer are to be paid immediately.
2. The consumer has the duty to inform the entrepreneur immediately of any inaccuracies in payment data provided or mentioned.
3. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the consumer for any reasonable costs made known to the consumer in advance.
Article 14 - Complaints Procedure
1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur in a complete and clearly defined way within two months after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing
time, the entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, you as a consumer should first turn to the entrepreneur. If the shop is affiliated to Stichting Webwinkel Keur and complaints cannot be resolved by mutual agreement, the consumer should contact Stichting Webwinkel Keur (webwinkelkeur.nl), which will mediate free of charge. Check whether this shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If there is still no solution, the consumer has the possibility to let his complaint be handled by the independent dispute commission appointed by Stichting Webwinkel Keur, the verdict of which is binding and both entrepreneur and consumer agree to this binding verdict. To the submission of a dispute to this dispute committee are costs that consumer must pay to the concerned committee.
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.
7. If the entrepreneur finds a complaint justified, he shall, at his discretion, either replace or repair the delivered products free of charge.
8. It is inevitable that sometimes things do not go quite as planned. We advise you to first make complaints known to us by sending an e-mail to email@example.com. If this does not lead to a solution, it is possible to register your dispute for mediation through Stichting WebwinkelKeur via https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil. As of 15 February 2016, it is also possible for consumers in the EU to report complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being handled elsewhere then you are free to file your complaint via the platform of the European Union.
Article 15 - Disputes
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate, are exclusively governed by Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or Differing Provisions
Additional provisions or provisions that differ from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a long-term data carrier.