Terms and conditions
Terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
- Consumer: A natural person who is not acting in the exercise of a profession or business and who enters into a distance agreement with the entrepreneur.
- Day: Calendar day.
- Duration transaction: A distance agreement concerning a series of products and/or services, where the delivery and/or performance obligations are spread over time.
- Durable medium: Any means that enables the consumer or entrepreneur to store information addressed personally to them in such a way that future consultation and unchanged reproduction of the stored information is possible.
- Right of withdrawal: The possibility for the consumer to cancel the distance agreement within the cooling-off period.
- Entrepreneur: The natural or legal person offering products and/or services at a distance to consumers.
- Distance agreement: An agreement in the context of a distance selling system organized by the entrepreneur for the sale of products and/or services, where communication techniques for concluding the agreement are used exclusively at a distance.
- Technique for communication at a distance: A means that can be used to conclude an agreement, without the consumer and entrepreneur being simultaneously present in the same space.
- General Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Woolwide
Email address: infowoolwide@gmail.com
Chamber of Commerce number: 96746637
Article 3 – Applicability
These general terms and conditions apply to any offer from the entrepreneur and to any concluded distance agreement and orders between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance agreement is concluded that the general terms and conditions are available for inspection at the entrepreneur's location and will be sent to the consumer free of charge upon request.
If the distance agreement is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is reasonably not possible, it will be indicated before the distance agreement is concluded where the consumer can access the general terms and conditions electronically, and that they will be sent to the consumer free of charge upon request, either electronically or in another manner.
In case specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly. In the event of conflicting general terms and conditions, the consumer can always rely on the provision most favorable to them.
If one or more provisions in these general terms and conditions are wholly or partially void or annulled, the agreement and the remaining terms and conditions will remain in effect. The void provision will be replaced as soon as possible by a provision that closely resembles the original provision's purpose.
Situations not covered by these general terms and conditions should be assessed according to the spirit of these terms and conditions. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted according to the spirit of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be the basis for a claim for damages or contract cancellation.
Images of products are an accurate representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains the following information, making it clear to the consumer what rights and obligations are attached to the acceptance of the offer. Specifically, this concerns:
- The price;
- Any shipping costs;
- The method by 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 period within which the offer can be accepted, or the period within which the entrepreneur guarantees the price;
- The rate for communication at a distance if the costs of using the communication technique are calculated on a basis other than the regular base rate for the used communication method;
- Whether or not the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer;
- How the consumer can verify and, if desired, correct the data they provided as part of the agreement before the agreement is concluded;
- The other languages, in addition to Dutch, in which the agreement can be concluded;
- The codes of conduct to which the entrepreneur has adhered and how the consumer can consult these codes of conduct electronically; and
- The minimum duration of the agreement in the case of a duration transaction.
Optional: Available sizes, colors, types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set for this.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance electronically. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer may cancel 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
The entrepreneur may, within legal limits, check whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur has good reason, based on this investigation, not to proceed with the agreement, they are entitled to refuse an order or request, or attach special conditions to its execution.
The entrepreneur will send the consumer the following information with the product or service, in writing or in a manner that allows the consumer to store it on a durable medium in an accessible way:
- The visiting address of the entrepreneur’s establishment where the consumer can address complaints;
- 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;
- Information about warranties and existing after-sales services;
- The information mentioned in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is concluded under the suspensive condition of the sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer, unless stated otherwise, has the option to cancel the agreement without providing a reason within 14 days. This withdrawal period starts the day after the consumer has received the product or a representative designated by the consumer and communicated to the entrepreneur.
Note: The right of withdrawal does not apply to products that cannot be returned for hygienic reasons, such as products containing wool or other materials that are not suitable for return after the packaging has been opened. The right of withdrawal only applies if the product is unused and in its original, undamaged packaging.
During the reflection period, the consumer will handle the product and its packaging with care. The product should only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, they must return the product with all supplied accessories and – where reasonably possible – in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur of this within 14 days after receiving the product. The consumer must notify the entrepreneur by means of a written message/email. After the consumer has informed the entrepreneur that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing proof of shipment.
If the consumer does not notify the entrepreneur of their intent to exercise the right of withdrawal within the timeframes mentioned in paragraphs 2 and 3, or does not return the product to the entrepreneur, the sale is considered final.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are at the consumer’s expense. The entrepreneur is not responsible for any loss or damage to the product during the return process.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product is returned in unused condition and in its original packaging or conclusive evidence of complete return is provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
The exclusion of the right of withdrawal is only possible for products:
- Made by the entrepreneur according to the consumer’s specifications;
- That are clearly personal in nature;
- That, by their nature, cannot be returned;
- That can spoil or age quickly;
- Whose price is tied to fluctuations in the financial market beyond the entrepreneur’s control;
- For single newspapers and magazines;
- For audio and video recordings and computer software, if the consumer has broken the seal;
- For hygiene products if the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- Related to accommodation, transport, restaurant services, or leisure activities that take place on a specific date or within a specified period;
- Where the delivery has started with the consumer’s express consent before the reflection period has expired;
- Related to betting and lotteries.
Article 9 – The Price
For the duration specified in the offer, the prices of the offered products and/or services will not be increased, unless price changes result from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services with prices tied to fluctuations in the financial market, over which the entrepreneur has no control. These prices will be variable, and the fact that the prices are subject to fluctuations, as well as that any listed prices are indicative, will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has agreed to them and:
- They are the result of legal regulations or provisions; or
- The consumer has the right to terminate the agreement as of the day the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.
All prices are subject to typographical and printing errors. The entrepreneur does not accept liability for the consequences of such errors. In case of typographical and printing mistakes, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services meet the agreement, the specifications listed in the offer, the reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations existing on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
- The delivered products have been exposed to abnormal conditions, handled carelessly, or treated contrary to the instructions provided by the entrepreneur and/or indicated on the packaging;
- The defect is entirely or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care in receiving and executing orders for products.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order can only be partially fulfilled, the consumer will be notified within 30 days of placing the order. In this case, the consumer has the right to cancel the agreement without any cost and may be entitled to compensation.
In the case of cancellation under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If the delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a substitute item. No later than at the time of delivery, the consumer will be clearly and understandably informed that a substitute item is being delivered. For substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.
The risk of damage and/or loss of products remains with the entrepreneur until delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless otherwise agreed explicitly.
Article 12 – Long-Term Transactions: Duration, Termination, and Extension
Termination
The consumer can terminate an agreement entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time, by the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- At any time and is not limited to termination at a specific time or during a specific period;
- At least in the same manner as they were entered into;
- Always terminate with the same notice period that the entrepreneur has agreed to for themselves.
Extension
An agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, may not be extended or renewed automatically for a specific duration.
However, contrary to the previous paragraph, an agreement entered into for a fixed period, which involves the regular delivery of daily, news, and weekly newspapers, as well as magazines, may be automatically extended for a fixed period of up to three months, provided the consumer can cancel the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period, which involves the regular delivery of products or services, may only be extended automatically for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement relates to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement for a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically extended and will end automatically at the end of 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 termination before the end of the agreed duration is unreasonable or unfair.
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 for services, this period starts after the consumer has received confirmation of the agreement.
The consumer is obligated to promptly inform the entrepreneur of any inaccuracies in the provided or stated payment details.
In the case of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge reasonable costs that were previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and with clear descriptions within 7 days 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 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur has stated otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will choose to either replace the delivered products free of charge or repair them.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.