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In these conditions, the following terms shall have the following meanings:
Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer may exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Durable medium: any means that enables the consumer or the entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information for a period that is tailored to the purpose for which the information is intended;
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;;
Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of a system for selling products, digital content and/or services at a distance, whereby up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to be together in the same space simultaneously.
Willem de Zwijgerlaan 128-3, 1056 JV Amsterdam, The Netherlands
Phone number: +31 6 43 92 01 27
Email address: [email protected]
Chamber of Commerce number: 85756768
VAT identification number: NL004140607B70
These general terms and conditions apply to any offer made by the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
Before the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be consulted and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from 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 electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.
If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
The offer contains a full and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products, services and/or digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.
Within the framework of the law, the entrepreneur may - within legal limits - investigate whether the consumer is able to meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds, on the basis of this investigation, for not entering into the agreement, he shall be entitled to refuse an order or request or to attach special conditions to its execution, giving reasons.
At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur shall provide the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the contact details of the entrepreneur where the consumer can address any complaints;
the conditions and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and after-sales service;
the price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the remote agreement;
if the consumer has a right of withdrawal, the model withdrawal form.
WOOBI. gift cards cannot under any circumstances be exchanged for cash, even if a product purchased with a WOOBI gift card is exchanged or returned.
The balance of the WOOBI. gift card is guaranteed for a period of 2 years, unless otherwise stated, from the date of purchase of the WOOBI. gift card and is usable during this period. After this period, the consumer no longer has any claim to the balance of the WOOBI. gift card and the balance will expire. The consumer cannot make any claim to the balance after this period.
WOOBI. will not pay any interest to the consumer on the balance of the gift card.
The consumer can cancel a contract for the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the cancellation, but cannot obligate the consumer to give reasons.
The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, receives the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided that he has informed the consumer clearly in advance.
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, receives the last shipment or the last part.
During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information regarding the right of withdrawal before or at the time of concluding the contract.
If the consumer exercises their right of withdrawal, they must notify the entrepreneur of this within the cooling-off period through the model withdrawal form or in another unambiguous way.
As soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to the entrepreneur (or their representative), unless the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any case if they return the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of return shipment.
If the consumer exercises their right of withdrawal, all additional agreements are dissolved by operation of law.
If the entrepreneur enables electronic notification of withdrawal by the consumer, they will send an acknowledgement of receipt immediately after receiving this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but no later than 14 days after the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer has demonstrated that they have returned the product, whichever is earlier.
The entrepreneur uses the same means of payment that the consumer used for the original transaction, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if they have clearly stated this in the offer, at least in a timely manner before concluding the agreement:
Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
Products that are made to the consumer's specifications or are clearly intended for a specific person and are not prefabricated, and services that are performed in accordance with the consumer's specifications.
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.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of legal regulations or provisions, or
the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that existed on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
An additional guarantee means any commitment of the entrepreneur, its supplier, importer, or manufacturer in which it grants certain rights or claims to the consumer that go beyond what it is legally obligated to do in the event of a failure to fulfill its part of the agreement.
The entrepreneur shall exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery shall be the address that the consumer has notified to the entrepreneur.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but in any case no later than 30 days, unless another delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after he has placed the order. In such cases, the consumer shall have the right to dissolve the agreement free of charge and to claim compensation for any damage incurred.
After dissolution in accordance with the previous paragraph, the entrepreneur shall immediately refund the amount that the consumer has paid.
The risk of damage and/or loss of products shall be borne by the entrepreneur until the moment of delivery to the consumer or a pre-designated representative who has been made known to the entrepreneur, unless expressly agreed otherwise.
Unless otherwise agreed in the contract or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement.
The consumer has the obligation to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer fails to meet his payment obligation(s) in a timely manner, after being informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a 14-day period to meet his payment obligations, after the payment is not made within this 14-day period, the consumer is liable to pay the statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises which is subject to the dispute settlement procedure.
Dutch law shall apply exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Supplementary or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner.
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