Terms and conditions WLS Products
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GENERAL TERMS AND CONDITIONS WLS Products
Chamber of Commerce No.18082785
NL-5144 EA Waalwijk
+31 162 851 088 (for product information, webshop and administration)
+31 416 684 800 (for deliveries and questions about the shipment status)
The terms used in these conditions are defined as follows:
- Cooling-off period: the period in which the consumer can exercise his right to dissolve the contract.
- Consumer: a natural person not acting in the practice of a profession or business and who enters into a distance contract with the web shop;
- Day: calendar day.
- Durable data carrier: any resource that makes it possible for the consumer or the webshop to store information personally addressed to them in a manner that facilitates future viewing and unaltered reproduction of stored information;
- Right to dissolve: the right of the consumer to dissolve from the contract within the cooling-off period.
- Webshop: the natural person or legal entity that offers products to consumers under a distance contract.
- Distance contract: contract between the consumer and the webshop, made from a distance using a system intended for that purpose.
- In writing: 'in writing' is also deemed to include electronic communication such as email provided that the sender's identity and the authenticity of the communication can be sufficiently established.
- These general terms and conditions are applicable to all offers of the webshop and to all distance contracts concluded between the webshop and the consumer.
- The contract is concluded as soon as the consumer accepts the webshop's offer and meets the conditions for that offer.
- The webshop immediately confirms its receipt of the acceptance of the offer. The consumer has the right to dissolve the contract up until the webshop sends this confirmation.
- Contrary to paragraph 2, the contract is not concluded until the website has established within the permissible legal parameters that the consumer is able to meet his payment obligations and has taken note of any other facts and circumstances that could be important to responsibly concluding a distance contract. If there are sufficient grounds for refusal the website has the right to refuse to conclude the contract or to dissolve it or conclude it under special conditions.
- Right to dissolve
- The consumer has the right to dissolve the contract without giving reasons for a period of 14 days following receipt of the product by the consumer or a representative designated by the consumer beforehand.
- The consumer will treat the product and its packaging with due care during this period. The consumer will unpack and use the product only to the extent needed for its assessment.
- If the consumer wishes to make use of his right to dissolve, he must notify the website of this in writing within the cooling-off period. The webshop will confirm receipt of this notification without delay.
- Products must be returned to the webshop with all of their accessories and, to as great an extent as possible, in the original condition and packaging, in accordance with the webshop's clear and reasonable instructions.
- The consumer will bear the costs of the return in the event of the contract being dissolved.
- The consumer must return the product in accordance with the provisions of paragraph 4 within 14 days of the contract being dissolved.
- The webshop will reimburse payments received from the consumer within fourteen days of the contract being dissolved.
- Exclusion of the right to dissolve
The right to dissolve the contract is excluded for products:
- which have been produced by the webshop in accordance with the consumer's specifications;
- that are clearly of a personal nature;
- that cannot be returned owing to their nature;
- that can quickly perish or age;
- the price of which is subject to fluctuations in the financial market that are beyond the webshop's control.
- The place of delivery is the address that the customer has communicated to the webshop.
- The webshop will deliver orders within 30 days unless a longer delivery period has been agreed. The webshop will communicate delayed deliveries in a timely manner.
- The consumer has the right to dissolve the contract if products cannot be delivered within this 30-day period without this having been agreed beforehand. If the contract is dissolved, the webshop will reimburse payments received from the consumer within thirty days.
- The risk of products being damaged or lost transfers to the consumer as soon as they are delivered to the consumer or a third party designated by him beforehand.
- Guarantees and Conformity
- The webshop does not provide any guarantees (or additional guarantees) concerning the products or services delivered or to be delivered.
- Products must meet consumers' reasonable expectations. Other than normal wear and tear, products may not exhibit any defects during their anticipated life cycle.
- If the webshop offers information and education, it does not provide any guarantees regarding the progress of or improvements to the consumer's knowledge and expertise.
- Consumers must always obtain medical advice or follow medical advice obtained and the advice of the webshop can not under any circumstances substitute medical advice.
- The webshop can be held liable only if this liability is based on a legally or contractually culpable non-conformity.
- The webshop's liability is limited to a maximum of the invoice amount received by the webshop for the product or service.
- The webshop cannot be held liable for purchases made by the consumer via a third party, even if the third party was referred to this third party via an (affiliate) link on the webshop's website.
- The webshop cannot be held liable for any information provided by third parties or for damages resulting from that information.
- The webshop cannot be held liable for damages of any nature whatsoever caused by the webshop accepting incorrect or incomplete information provided by or for the consumer.
- The webshop cannot be held liable for non-conformities in the work caused by the consumer's faulty provision of information.
- The webshop cannot under any circumstances be held liable for indirect losses, including interruption of the consumer's business operations, loss of profits, missed savings and consequential losses, related in any way to or caused by the performance of the work for the webshop.
- The webshop reserves the right at all times to reverse the loss suffered by the consumer if possible.
- The consumer indemnifies the webshop against all claims of third parties related directly or indirectly to the performance of the agreement and all related financial implications.
- The limitations of liability set out in these terms and conditions are not applicable in cases where the loss can be attributed to intentional act or omission or gross negligence on the part of the webshop.
- Complaints and disputes
- Contracts between the webshop and the consumer will be governed exclusively by Dutch law.
- Complaints about the performance of the contract must be made in writing, fully and clearly, within a competent period of time but within 7 days of the consumer establishing the defects at the latest.
- Complaints submitted to the webshop will be responded to within 14 days of their receipt. If the complaint is not settled within 14 days, the webshop will communicate this in a timely manner and give an indication of the period in which the consumer can expect the complaint to be settled.
- In the event of the webshop and the consumer failing to find a solution together, the webshop refers the consumer to the possibility of submitting a complaint via Online Dispute Resolution (ODR) of the European Commission via https://webgate.ec.europa.eu/odr or directly to the General Disputes Committee https://www.degeschillencommissie.nl/over-ons/commissies/algemeen/