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 agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and performance
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
ARTICLE 1 - DEFINITIONS
In these terms and conditions:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession, business or craft and enters into an agreement with the entrepreneur;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration transaction: an agreement with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means or tool that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information, including e-mail.
Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
Model form: the form for withdrawal that is made available to the consumer by the entrepreneur and can be completed by the consumer if he wants to make use of his right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, use is made of one or more techniques for distance communication with the consumer;
Technique for distance communication: means that can be used to conclude a distance contract, without the consumer and entrepreneur being together in the same room at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur (statutory name, possibly supplemented with trade name):
Business address: Rakethof 16 (no visitor address)
E-mail address: whirlrcontact@gmail.com
Chamber of Commerce number: 83440208
VAT identification number: NL003824488B34
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ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.
Before the 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's, how they can be viewed and that these general terms and conditions will be available as soon as possible at the request of the consumer. may be sent free of charge.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
In the event that one or more provisions in these general terms and conditions are at any time wholly or partially declared null and void or are nullified, these general terms and conditions will otherwise remain in effect and the nullified or nullified provision in question will be immediately replaced by mutual agreement. a provision that approximates the purport of the original as much as possible.
Situations that are not regulated in these general terms and conditions must be assessed in accordance with these general terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained in accordance with these terms and conditions.
ARTICLE 4 - THE OFFER
If an offer is valid for a limited period of time or is subject to conditions with suspensive or dissolving effect, or any other condition, this will be expressly stated in the offer.
The offer of the entrepreneur is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer of the entrepreneur contains a description of the products and/or services offered, which is complete and accurate at all times. The offer includes a sufficiently detailed description to enable a proper assessment of the offer by the consumer. If the entrepreneur uses any images that imply that these images show the product offered, then these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer cannot bind the entrepreneur.
Images accompanying products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in it
special:
the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and which actions are required for this;
whether or not the rate for distance communication is calculated if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after the conclusion, and if so, how it can be consulted by the consumer;
the minimum duration of the distance contract in the case of a long-term transaction.
apply the right of withdrawal;
the method of payment, delivery and performance of the agreement;
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ARTICLE 5 - THE AGREEMENT
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 corresponding conditions.
In the event that the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract.
If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, no later than upon delivery of the product or service or digital content:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the price, including taxes, of the product, service or digital content;
the costs of delivery, if applicable;
the method of payment, delivery or performance of the distance contract;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration;
in the event that the consumer has a right of withdrawal, the model form for withdrawal.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Upon delivery of products:
When purchasing products, the consumer has the option of dissolving the contract without giving reasons for 14 days.
This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
The warranty period of the intermediary is the same as the warranty period of the manufacturer. However, the intermediary is never responsible for the ultimate suitability of the products for an individual application by the buyer, nor for any advice regarding the use or application of the products.
In the event of a warranty claim, the Intermediary will provide replacement or repair at its option. In case of replacement, the buyer undertakes to return the replaced item to the Intermediary.
The warranty does not apply if:
- the buyer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
- the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the intermediary and/or have been treated on the packaging;
- the defect is wholly or partly the result of regulations that the government has issued or will issue with regard to the type or quality of the materials used;
- Hygiene products cannot be taken back and reimbursed, especially with the current COVID-19 measures. A list of hygiene products that cannot be returned and reimbursed (the list is not exhaustive): underwear, bikini, make-up, hair styling products, beauty products, etc.
If:
the consumer has ordered several products in the same order, the cooling-off period commences on the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
the delivery of a product consists of several shipments or parts, the cooling-off period commences on the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
the agreement extends to the regular delivery of products during a certain period, the cooling-off period starts on the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that are not supplied on a material carrier:
In the event that a service agreement or an agreement for the delivery of digital content has not been delivered on a tangible medium, the consumer can dissolve the agreement within fourteen days without giving reasons. These fourteen days commence on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that are not supplied on a material carrier if no information is given about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied 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.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
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ARTICLE 7 ā COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL
When exercising the right of withdrawal by the consumer, the costs of return will be borne at most.
The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after cancellation, in the same manner as used by the consumer. This requires receipt back by the web retailer or conclusive proof of complete return.
Any depreciation of the product caused by careless handling will be borne by the consumer. This cannot be invoked if the entrepreneur has not provided all legally required information regarding the right of withdrawal. This must be done before the purchase agreement is concluded.
ARTICLE 8 ā EXCLUSION OF THE RIGHT OF WITHDRAWAL
Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement, and it concerns one of the products listed in paragraphs 2 and 3.
Exclusion is only possible for the following products:
that have been established by the entrepreneur agreement specifications of the consumer;
that are clearly personal in nature;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal. Hygiene products cannot be taken back and reimbursed, especially with the current COVID-19 measures. A list of hygiene products that cannot be returned and reimbursed (the list is not exhaustive): underwear, bikini, make-up, hair styling products, beauty products, etc.
Exclusion is only possible for the following services:
regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
regarding betting and lotteries
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ARTICLE 9 - PRICE
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory 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 authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Special, additional customs clearance costs and/or import duties are not included in the price and are the responsibility of the customer.
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ARTICLE 10 ā WARRANTY AND CONFORMITY
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 provisions existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement. This is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally obliged to do if he has failed to fulfill his part of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Hygiene products cannot be taken back and reimbursed, especially with the current COVID-19 measures. A list of hygiene products that cannot be returned and reimbursed (the list is not exhaustive): underwear, bikini, make-up, hair styling products, beauty products, etc.
ARTICLE 11 - DELIVERY AND PERFORMANCE
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded.
The costs of a possible return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
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ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION AND RENEWAL
Cancellation
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of at least maximum one month.
The consumer can use the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or in a specific period;
at least cancel in the same way as they have been entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has signed this extended agreement against at the end of the extension can cancel with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
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ARTICLE 13 - PAYMENT
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
The consumer can make the payment with the following payment methods: iDeal, Bancontact, Klarna, KBC/CBC, Belfius Direct Net and Credit Card (AMEX, Mastercard, Maestro and Visa)
ARTICLE 14 - COMPLAINTS PROCEDURE
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur 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 period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
ARTICLE 15 - DISPUTES
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
ARTICLE 16 - ADDITIONAL OR DERIVATIVE PROVISIONS
Additional 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 on a durable data carrier.
MODEL FORM FOR WITHDRAWAL
Only complete and return this form if you wish to withdraw from the contract
- At:
Company name
Address
Postal Code
E-mail
phone number
ā I/We (*) share(s) (*) hereby inform you that I/we (*) revoke/revoke our agreement concerning the sale of the following goods/provision of the following service (*):
ā Ordered on (DD-MM-YYYY):āāā
- Order number:
ā Received on (DD-MM-YYYY):
ā Name(s) of consumer(s):
ā Address consumer(s):
- IBAN bank account:
ā Signature of consumer(s) (only if this form is submitted on paper):
ā Date(DD-MM-YYYY):
(*) Strike out what is not applicable.