Terms and conditions

Article 1 - Identity of the entrepreneur

 

Martijn Willems – Willems Ontwerp

Boekweitstraat 23

5503 XP

Veldhoven

+31 (0)616295503

martijn@willemsontwerp.nl

CoC no: 63994631

VAT no: NL001464124B19

 

 

Article 2 - Applicability

 

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the consumer.

  2. 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, the entrepreneur before the distance contract is concluded, indicate how the general terms and conditions at the entrepreneur can be seen and that they will be sent free of charge as soon as possible at the request of the consumer.

  3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can a simple way can be 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 consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.

  4. n 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, in the event of conflicting conditions, the consumer can invoke the applicable provision that is most favorable to him.

Article 3 - The offer

 

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

  2. The offer contains a complete and accurate description of the offered products, digital content 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, services and / or digital content. 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 is in particular:

  • the price including taxes;

  • the possible costs of delivery;

  • the way in which the contract will be concluded and which actions are necessary for this;

  • whether or not the right of withdrawal applies;

  • the manner of payment, delivery and execution of the agreement;

  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;

  • whether the agreement is filed after the conclusion and, if so, how it can be consulted by the consumer;

  • the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary;

  • the possible languages ​​in which, in addition to Dutch, the agreement can be concluded;

Article 4 - The contract

  1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.

  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

  4. The entrepreneur can within statutory frameworks - inform 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 the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.

  5. At the latest upon delivery of the product, the service or digital content, the entrepreneur shall send 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 medium:

  1. the visiting address of the business location of the entrepreneur where the consumer can go with complaints;

  2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  3. the information about guarantees and existing service after purchase;

  4. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;

  5. if the consumer has a right of withdrawal, the model form for withdrawal.

Article 5 - Right of withdrawal

When delivering product (s):

  1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 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 reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is 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 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.

Article 6 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, he will notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in an unambiguous way.

  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.

  3. The consumer returns the product with all accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.

Article 7 - Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal from the consumer. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

  2. Exclusion of the right of withdrawal is only possible for products:

    • which have been created by the entrepreneur in accordance with the consumer's specifications;

    • that are clearly personal in nature;

    • which can not be returned due to their nature;

    • the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;

Article 8 - Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgment of receipt immediately after receipt of this notification.

  2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.

  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 9 - Obligations of the consumer during the cooling-off period

  1. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

  2. The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.

  3. The consumer is not liable for the value reduction of the product if the entrepreneur has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.

Article 10 - The price                                                                                                                                                                                        

  1. During the period mentioned 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.

  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.

  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

a. these are the result of statutory regulations or provisions; or

b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

​    5. The prices mentioned in the offer of products or services include VAT.

Article 11 - Warranty conditions


The product warranty is standard 1 year.

This warranty only applies to damage or defects caused by material or manufacturing faults.

Willems Ontwerp guarantees that the products are in accordance with the contract. We declare that the furniture is in accordance with the stipulations in the agreement, with the normal requirements of usability, reliability and lifespan, with the existing safety standards.

Are not considered as a defect:

Discolouration of wood, color deviations in a product due to the use of multiple types of wood and structures in the product, as well as the "working" of wood, insofar as this discolouration or working is technically unavoidable, or according to custom in the furniture sector. be accepted or be specific to the materials used. The buyer must ensure the right climate (room temperature and air humidity) to minimize "working". The seller can provide additional information about this. Provided there are imperfections, such as cracking on glue seams, can and may be repaired by the seller to the insight of the seller. The seller can provide you with information about the treatment procedure in this.


Keep in mind that wood will always continue to work. Willems Ontwerp is not responsible for any future workings.

Normal wear is not covered by this warranty. The customer is obliged to behave as a good buyer, which for example means that the product is properly and adequately maintained and judiciously treated.

In case of improper use, visible contamination, moisture problems or damage, the warranty claims expire.


Complaints on products must be reported immediately after they have been detected.

Deviations from the delivered goods regarding color, abrasion resistance, structure and suchlike, which are acceptable from a technical point of view according to applicable, customary norms or commercial use, may limit or exclude the right to guarantee and / or compensation.

Article 12 - Compliance agreement and additional warranty

 

  1. The entrepreneur warrants 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 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.

  2. 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 under the contract.

Article 13 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

  2. The place of delivery is the address that the consumer has made known to the entrepreneur.

  3. With due observance of what has been stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.

  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.

  5. 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 and the entrepreneur announced representative, unless expressly agreed otherwise.

  6. All logistical operations are provided by a parcel service. In order to be able to effect a correct delivery, the following conditions apply:

  1. On the basis of the agreed delivery day, Willems Ontwerp will ensure that all materials are present (force majeure situations or special situations left there).

  2. Orders are delivered in full on the agreed delivery day.

Article 14 - Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement date, or in the absence of a cooling off period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.

  2. When selling products to consumers, the consumer may never be obliged to pay in advance more than 50% in general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.

  3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

  4. If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by the trader of the late payment and the trader has given the consumer a period of 14 days to still fulfill his payment obligations, after the consumer has failure to pay within this 14-day period, the legal interest owed on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the consumer.

Article 15 - Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

  3. 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.

  4. The consumer must give the entrepreneur at least 4 weeks time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.

Article 16 - Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 17 - Additional or deviating provisions

Additional provisions or deviating from these 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 medium.

 

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