Algemene Voorwaarden

 

Article 1 - Definitions

The definitions used in this agreement :

  1. 'Supplementary agreement' means an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these matters, digital content and/or services are provided by the trader or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. "Cooling-off period" means the period within which the consumer may use his right of withdrawal;
  3. 'Consumer' means the natural person who does not act for purposes relating to his commercial, business, craft or professional activity;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. 'Duration Agreement' means an agreement which covers the regular delivery of business, services and/or digital content for a specified period;
  7. 'Durable data medium' means any device - including e-mail - which enables the consumer or entrepreneur to store information addressed to him personally in a manner that enables future consultation or use over a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  8. 'Right of withdrawal' means the possibility of the consumer opting out of the distance contract within the cooling-off period;
  9. 'Entrepreneur'means the natural or legal person who offers products, (access to) digital content and/or remote services to consumers;
  10. 'Distance Agreement'means an agreement concluded between the entrepreneur and the consumer under an organised system for distance selling of products, digital content and/or services, whereby, until the conclusion of the contract, one or more distance communication techniques are used exclusively or more;
  11. Remote communication technologymeans means which can be used to conclude an agreement without the need for the consumer and the entrepreneur to have metsimultaneously in the same space.

 

Article 2 - Identity of the entrepreneur

Entrepreneur name: WinklaarWorks

Location address: Buitenwatersloot 318

Phone number: 015-2148506

Email address: info@winklaarworks.com

KvK number: 59136227

VAT identification number: NL001624632B68

 

Article 3 - Applicability

  1. These terms and conditions shall apply to any offer made by WinklaarWorks and to any distance agreement between entrepreneur and consumer.

 

Article 4 - The Agreement

  1. The contract shall be concluded, subject to paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions laid down there by it.
  2. If the consumer has accepted the offer by electronic means, WinklaarWorks shall immediately confirm the receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by WinklaarWorks, the consumer may terminate the contract.
  3. WinklaarWorks may, within legal frameworks, inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to the responsible entry into the distance contract. If, on the basis of this investigation, WinklaarWorks has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.

 

Article 5 – Right of Withdrawal                                                             REFUND POLICY

In the case of products:

  1. The consumer may terminate an agreement relating to the purchase of a product for a period of 14 days without giving reasons. WinklaarWorks may ask the consumer about the reason for withdrawal, but does not oblige them to state their reason(s).
  2. The cooling-off period referred to in paragraph 1 shall start on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
  1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. WinklaarWorks may refuse an order of several products with different delivery times, provided that he has clearly informed the consumer prior to the ordering process.
  2. where the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, received the last consignment or the last part;
  3. in the case of regular supply contracts for a specified period: the day on which the consumer, or a third party designated by him, received the first product.

 

Article 6 - Consumer obligations during cooling-off period

  1. During the cooling-off period, the consumer will handle the product and packaging carefully. It will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer shall be liable only for the impairment of the product resulting from a way of dealing with the product that goes beyond the permitted in paragraph 1.

 

Article 7 - Exercise of the consumer's right of withdrawal and its costs

  1. If the consumer makes use of his right of withdrawal, he shall notify WinklaarWorks within the time frame for withdrawal or otherwise unambiguously.
  2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (a representative of) WinklaarWorks. In any event, the consumer has complied with the timeback when he returns the product before the cooling-off period has expired.
  3. The consumer shall return the product with all the accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by WinklaarWorks.
  4. The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer shall bear the direct cost of returning the product.
  6. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, WinklaarWorks does not have to repay the additional costs for the more expensive method.

 

Article 8 - Right of withdrawal exclusion

Products manufactured according to consumer specifications, which are not prefabricated and manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

 

Article 9 - Delivery and implementation                                    SHIPPING/SHIPPING POLICY

  1. WinklaarWorks will take the utmost care in accepting and implementing orders of products and in assessing requests for services.
  2. The place of delivery shall be the address which the consumer has made known to WinklaarWorks.
  3. Within delivery time listed on the website but carry out no later than 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive a notice no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost.
  4. After dissolution in accordance with the previous paragraph, WinklaarWorks will refund the amount paid by the consumer within 14 days.

 

Article 10 - Complaints

Paragraph 1. Complaints about the implementation of the contract must be made within a period of time after the consumer has identified the defects, fully and clearly defined and photographs submitted to WinklaarWorks via info@winklaarworks.com. All items are subject to the regular factory warranty. We will try to resolve any complaints quickly and appropriately. If the dispute is not resolved together, you can file a complaint with the European online dispute resolution platform, the Online Dispute Resolution Platform.

 

Article 11 – applicable law

Agreements between WinklaarWorks and the consumer to which these terms and conditions relate are subject to only Dutch law.