Terms & Conditions
Identity of the entrepreneur:
Wietolie.nl
45 Einthovenstraat
1821 BV Alkmaar (postal address)
T: 072-2202189
M: 06-49937277
E: info@wietolie.nl
VAT: NL185339189B03
Chamber of Commerce: 83210784
Article 1 - Definitions
Article 2 - Applicability
Article 3 – The offer
Article 4 - The agreement
Article 5 - Right of withdrawal
Article 6 – Costs in case of withdrawal
Article 7 - Exclusion of right of withdrawal
Article 8 - The price
Article 9 - Conformity and warranty
Article 10 - Delivery and execution
Article 11 - Duration Transactions: Duration, Termination and Extension
Article 12 - Payment
Article 13 - Complaints
Article 14 – Applicable law
Article 15 - Additional or derogatory provisions
Article 1 - Definitions
In these general terms and conditions the following definitions apply:
1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
8. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and / or services, up to and including the conclusion of the agreement, use is only made of one or more techniques for distance communication;
9. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
Article 2 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the agreement is concluded on a remote basis, it is indicated that the terms and conditions of the entrepreneur will be shown and sent free of charge at the request of the consumer as soon as possible.
3. If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him is.
Article 3 – The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. The consequence of filling in the name and address details incorrectly is at the risk of the consumer.
2. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. 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 particular:
* the price including taxes;
* the possible costs of delivery;
* the way in which the agreement will be concluded and which actions are required for this;
* whether or not the right of withdrawal applies;
* the method of payment, delivery and performance of the agreement;
* the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
* the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
* whether the agreement will be filed after the conclusion, and if so, how it can be consulted by the consumer;
* the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if desired, restore it
* any other languages in which, in addition to Dutch, the agreement can be concluded;
* the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
* the minimum duration of the distance contract in case of a duration transaction.
Article 4 - The agreement
1. The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as about 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 execution.
5. The business owner shall provide the consumer with the product or service to the consumer 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 visiting address of the establishment of the business where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing post-purchase service;
d. the information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
6. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
Article 5 - Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons during 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
2. 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. The basic principle here is that this inspection may not go further than what the customer could do in a physical store.
3. In the event of dissolution of the agreement, the consumer is obliged to return the products concerned within 14 days. This period starts on the day that the consumer makes known that he wishes to make use of his right of withdrawal on the method indicated by the entrepreneur.
On delivery of services:
4. Upon delivery of services, the consumer has the option of dissolving the contract without giving any reason for at least fourteen days, starting on the day of entering into the contract.
5. In order to use his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or appearance at the time of delivery.
Article 6 – Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
Article 7 - Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a by the trader in accordance with specifications of the consumer;
b. that are clearly personal in nature;
c. which cannot be returned due to their nature (delivery of products which are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery);
d. which can quickly deteriorate or expire;
e. whose price depends on fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software that the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. to perform accommodation, transport, restaurant or leisure activities on a particular date or during a specified period;
b. whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
c. regarding bets and lotteries.
Article 8 - The price
1. During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
3. Price increases within 3 months are allowed only after the conclusion of the agreement if they are the result of legislation or regulations.
4. Price increases 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
they are the result of laws or regulations, or
b. the consumer has the power to terminate as of the date the increase takes effect.
5. The prices include VAT mentioned in the supply of products or services.
6. Discount promotions do not apply to hardware (vaporizers and do-it-yourself products).
Article 9 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions existing on the date of the conclusion of the agreement. regulations and/or government regulations. Natural products are unique, they can differ in taste, color and structure. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the entrepreneur under the agreement.
Article 10 - Delivery and execution
1. Orders placed and paid for before 17:00 on working days will be shipped the same day.
2. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
3. The place of delivery is the address that the consumer has notified to the company.
4. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously (we aim to deliver your order within two working days) but at the latest within 10 days unless a longer delivery period has been agreed . 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 10 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation. We are not liable for delays in delivery times that arise during or result from the handling of your order by the sorting center or the delivery person of PostNL.
5. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than within 30 days after dissolution.
6. If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.
Article 11 - Duration Transactions: Duration, Termination and Extension
Termination
1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.
2. The consumer may contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the terminate fixed-term compliance with the applicable termination rules and a notice of more than one month.
3. Consumers can the agreements mentioned in the preceding 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 are entered into by him;
* always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
4. A fixed-term agreement, which involves the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a certain period of time.
5. Notwithstanding the preceding paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a limited period of up to three months, as consumers against this extended agreement the end of the extension may terminate with a notice period of up to one month.
6. An agreement entered into for a certain period of time and which involves the scheduled delivery of products or services may only be extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event of the agreement being scheduled, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. 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
8. If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists termination before the end of the agreed term.
Article 12 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period commences. after the consumer has received confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the stipulated advance payment has been made.
3. The consumer is obliged to report immediately to the trader any inaccuracies in data supplied or specified payment.
4. In case of non-payment by the consumer, the entrepreneur has the right to charge the reasonable costs announced to the consumer, subject to legal restrictions.
Article 13 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
3. When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5. In the event of complaints, a consumer must first turn to the entrepreneur. In the event of complaints that cannot be resolved in mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), he will mediate for free. If a solution is not yet reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.
Article 14 – Applicable law
Dutch law is applicable to these general terms and conditions and in the event of a lawsuit about these general terms and conditions or in relation to this webshop, the Dutch court has jurisdiction.
Article 15 - Additional or derogatory provisions
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner