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Introduction
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
Article 1. Definitions
1.1. Wol met Verve: based in Zwartsluis and registered with the Chamber of Commerce under file number 53488415, trading as Wol met Verve.
1.2. Website: the Website of Wol met Verve, to be found on www.wolmetverve.com/www.wolmetverve.nl and all of its subdomains.
1.3. Client: the natural person or corporation who enters into an agreement with Wol met Verve and/or is registered on the Website.
1.4. Agreement: any arrangement or agreement between Wol met Verve and the Client of which the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.
Article 2. Applicability of the General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of Wol met Verve, unless explicitly agreed otherwise in writing.
2.2. If the Client in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not in included the General Terms and Conditions, such provisions will only be binding upon Wol met Verve if and in so far as Wol met Verve has accepted them in writing.
2.3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, Client can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Article 3. Prices and information
3.1. All prices posted on the Website and in other materials originating from Wol met Verve include taxes and other levies imposed by the government unless stated otherwise on the website.
If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
3.2. The content of the Website is composed with the greatest care. Wol met Verve cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Wol met Verve are subject to obvious programming and typing errors.
3.3. Wol met Verve cannot be held responsible for deviations in color that result from the quality of the colors displayed on the screen.
Article 4. Conclusion of the Agreement
4.1. The Agreement will be deemed to be concluded at the moment the Client accepts the offer of Wol met Verve subject to the conditions laid down by Wol met Verve.
4.2. If the Client has accepted the offer by electronic means, Wol met Verve will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, the Client will have the possibility to dissolve the Agreement.
4.3. If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Wol met Verve will have the right demand fulfillment of the Client’s obligations until the correct data is received.
Article 5. Registration
5.1. To make optimum use of the Website, the Client can register using the registration form/the account sign-in option on the Website.
5.2. During the registration process, the Client will be asked to choose a username and password with which he can log on to the Website. The Client alone is responsible for choosing a sufficiently reliable password.
5.3. The Client must keep its login credentials, username and password strictly confidential. Wol met Verve cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Client who logs on to the Website is the party that it professes to be. The Client is responsible for and bears the full risk of any and all actions and transactions performed via the Client’s account.
5.4. If the Client knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or notify Wol met Verve accordingly so as to allow Wol met Verve to take appropriate measures.
Article 6. Execution of the Agreement
6.1. As soon as Wol met Verve has received the order, it will send the products to the Client without delay and with due regard for the provisions of paragraph 3 of this article.
6.2. Wol met Verve is authorised to engage third parties in the fulfillment of its obligations under the Agreement.
6.3. In principle, the delivery term is 1-3 working days. Delivery may be effected in various ways, at the discretion of Wol met Verve.
6.4. If Wol met Verve is unable to deliver the products within the agreed term, it will notify the Client accordingly. In that case, the Client can decide either to agree to a new delivery date or to dissolve the Agreement without incurring any costs.
6.5. Wol met Verve advises the Client to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
6.6. The risks associated with the products will transfer to the Client as soon as the products are delivered at the agreed delivery address.
6.7. If the ordered product can no longer be supplied, Wol met Verve is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the product free of charge.
Article 7. Right of withdrawal/return
7.1. This article only applies if the Client is a natural person who is not acting in his or her professional or commercial capacity. Business Clients therefore have no right of withdrawal.
7.2. The Client will have the right to dissolve the distance Agreement with Wol met Verve within 14 days after receiving the product, free of charge and without stating reasons.
7.3. The term commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
- if the delivery of a product involves different deliveries or parts: the day on which the Client, or a third party designated by the Client, received the last delivery or the last part;
- with contracts for the regular delivery of products during a given period: the day on which the Client, or a third party designated by the Client, received the last product;
- if the Client has ordered several products: the day on which the Client, or a third party designated by the Client, received the last product.
7.4. Only the direct costs incurred for the return shipment are for the Client’s account. This means that the Client will have to pay the costs of returning the product. Any shipping costs paid by the Client and the purchase price paid for the product will be refunded to the Client if the entire order is returned.
7.5. During the withdrawal period referred to in paragraph 1 above, the Client will treat the product and its packaging with the utmost care. The Client may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features, and their operation.
7.6. The Client is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in.
7.7. The Client can dissolve the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in order form) to Wol met Verve, within the withdrawal period, by means of the model form for the right of withdrawal or in some other unequivocal way. If Wol met Verve makes it possible for the Client to declare his withdrawal via electronic/digital means, then after receiving such a declaration, Wol met Verve sends immediate confirmation of receipt.
7.8. As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, the Client shall return the product, or hand it over to (a representative of) Wol met Verve. Client can send the product directly to Wol met Verve without a notice of withdrawal in advance within the period as mentioned in paragraph 1. Client must, in this case, include a written notice of withdrawal, such as the model form.
Products can be returned to the following address:
Wol met Verve, Grote kranerweerd 63-9, 8064PE, Zwartsluis, The Netherlands
7.9. Any amounts already paid by the Client (in advance) will be refunded to the Client as soon as possible, and in any case within 14 days after the dissolution of the Agreement. If the Client chose an expensive method of delivery in preference to the cheapest standard delivery, Wol met Verve does not have to refund the additional costs of the more expensive method.
7.10. Except in cases in which Wol met Verve has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the Client proves he has returned the product, depending on which occurs earlier.
7.11. Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
7.12. The right of withdrawal does not apply to:
- Products that Wol met Verve has created in accordance with the consumer’s specifications;
Article 8. Payment
8.1. The Client shall pay the amounts due to Wol met Verve in accordance with the ordering procedure and any payment methods indicated on the Website. Wol met Verve is free to offer any payment method of its choice and may change these methods at any time.
Article 9. Warranty and conformity
9.1. This article only applies if the Client is a natural person who is not acting in his or her professional or commercial capacity. If Wol met Verve gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Clients.
9.2. Wol met Verve guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Wol met Verve also guarantees that the product is suitable for other than normal use.
9.3. If the delivered product is not in conformity with the Agreement, Client must inform Wol met Verve within a reasonable period of time after he has discovered the defect.
9.4. If Wol met Verve deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with the Client. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by Client for the product.
Artikel 10. Warranty on business purchases
10.1. Wol met Verve guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Wol met Verve also guarantees that the product is suitable for other than normal use. Otherwise, it applies that the product is suitable for normal use.
10.2. If the delivered product is not in conformity with the Agreement, Customer must inform Wol met Verve within a maximum period of 3 days after delivery. Should the Customer fail to do so, then the Client is no longer entitled to have the product repaired, replaced or (partially) refunded.
10.3. If Wol met Verve deems the complaint to be correct, the faulty product(s) will be repaired, replaced or (partially) refunded in consultation with the Customer.
Article 11. Complaints handling procedure
11.1. If the Client has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Wol met Verve’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
11.2. Wol met Verve will respond to the complaint as soon as possible, and in any case within 3 days after having received it. If it is not yet possible for Wol met Verve to formulate a substantive reaction to the complaint by that time, Wol met Verve will confirm receipt of the complaint within 3 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the Client’s complaint.
11.3. If the Client is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at http://ec.europa.eu/odr/.
Article 12. Liability
12.1. This Article only applies if the Client is a natural person or a legal entity who is acting in a professional or commercial capacity.
12.2. The total liability of Wol met Verve in respect of the Client due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).
12.3. The liability of Wol met Verve in respect of the Client for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption is excluded.
12.4. Aside from the cases referred to in the two previous paragraphs of this Article, Wol met Verve is not subject to any liability at all in respect of the Client for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Wol met Verve.
12.5. Wol met Verve will only be liable to the Client on account of an attributable failure in the performance of an agreement if the Client issues a proper notice of default to Wol met Verve without delay stipulating a reasonable period of time in which to remedy the failure, and Wol met Verve also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable Wol met Verve to provide an adequate response.
12.6. Any event giving the right to compensation is always subject to the condition that the Client reports the damage or loss in writing to Wol met Verve as soon as possible, but no later than within 30 days after the damage or loss has arisen.
12.7. In the event of force majeure, Wol met Verve is not liable to pay compensation for any damage or loss the Client has incurred as a result.
Article 13. Retention of title
13.1. As long as the Client has not made any full payment on the total amount agreed Wol met Verve will retain ownership of all the goods delivered.
Article 14. Personal details
14.1. Wol met Verve will process the Client’s personal details in accordance with the privacy statement published on the Website.
Article 15. Final provisions
15.1. This agreement is governed by the laws of the country of establishment of the webshop.
15.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Wol met Verve has its registered office.
15.3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
15.4. The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Contact details
Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.
Wol met Verve
Grote Kranerweerd 63-9
8064PE, Zwartsluis
tel. +31(0)38-7853969
e-mail: info@wolmetverve.nl
Chamber of Commerce 53488415
VAT NL001417874B42