General terms and conditions webshop
Article 1. General
1.1. These conditions apply to all offers of Witlof for kids and to every agreement at distance between Witlof for kids and the consumer. These general terms and conditions will be made available at first request;
1.2. Witlof for kids: Witlof for kids. Herinafter referred Witlof, with registered office and place of business at Valkenswaard, KvK nummer 64754855.
1.3. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
1.4. The brand “Witlof for kids” is a protected mark and registered at the Benelux Office for Intellectual Property (PO Box 90404, 2509 LK, The Hague);
1.5. Additions or deviations from these conditions must be agreed in writing and only apply to the agreement for which they have been made;
1.6. The rights and obligations under agreements between Witlof and consumers can not be transferred to third parties, except with the written permission of Witlof;
1.7. Other terms and conditions will not be accepted by Witlof, unless otherwise agreed in writing and confirmed by Witlof.
Article 2. Quotations
2.1. All quotations are completely non-binding and are valid as long as the stock lasts. A quotation containing a time limit may nevertheless be revoked by Witlof, even after receiving the order, provided within 5 working days of receipt of that order;
2.2. On the Internet (website) displayed quantities, weights, sizes, prices and the like are strictly informative. Although the main characteristics of products are displayed as accurately as possible, they have the character of an approximate indication and do not bind Witlof;
2.3. Quotations are valid as long as the stock lasts.
Article 3. Agreements
3.1. By placing an order with Witlof for kids via the website, of which part of the process is selecting the ‘I’ve read and accepted the general terms and conditions’ box, consumer confirms to agree to the content of these general terms and conditions and a valid agreement is concluded.
3.2. Consumer receives from Witlof for kids a confirmation of the agreement by e-mail.
Article 4. Prices
4.1. All prices stated in offers of products or services include VAT unless stated otherwise;
4.2. The shipping costs that are charged to the consumer will be displayed separately.
4.3 If an offer is subject to a limited period of validity or is made subject to conditions, i twill explicitly mentioned in the offer.
4.4. If after the conclusion of the agreement, the prices of goods, taxes and/or other factors that determine the price of the goods undergo a change, Witlof is entitled to implement these price changes. Price changes of more than 10% give the other party the right to terminate the contract, provided that this is done in writing within 7 days of receipt of the relevant notification. A termination as aforesaid shall not entitle the other party to compensation for any damage.
Article 5. Payment
Orders via the website can be paid using the payment methods listed on the site. When paying with a credit card issued by a third party or an electronic payment method, the conditions of the card issuer or bank are applicable.
Article 6. Right of withdrawal, cancellation and returning
6.1. Consumer is entitled to a cooling off period of 14 days after the product has been delivered to the consumer (or third parties, such as the neighbors), provided that the package is not broken (withdrawal period). This entitlement shall lapse if the products have been put into use. Consumer may return the product within the above period of 14 days;
6.2. To exercise the right of withdrawal, consumer must follow the steps in the return policy, which can be found at: www.witlofforkids.com/en/returns/.
6.3. If the other party has exercised the right of withdrawal as mentioned in the previous paragraph and offers to Witlof the product, unused, with non-broken seal and/or sealing, in original packaging, complete and with any accessories supplied without usage damage within14 days after the revocation , Witlof shall be responsible for reimbursement of the payment to the other party within 14 days after receipt of the product;
6.4. The cost of return shipment shall be borne by the consumer.
Article 7. Delivery time, delivery, risk
7.1. In principle, Witlof strives to ship Internet orders within 24 hours. The delivery time, specified or agreed upon in the offer and/or order confirmation, shall not constitute a deadline and is only approximate, even if it has been expressly accepted by the other party;
7.2. The listed or agreed delivery time, in any case, but not exclusively, shall be automatically extended for the period (s) during which:
- there is a delay in the manufacture and/or delivery and/or any other circumstance which prevents the execution temporarily, regardless of whether this can be attributed to Witlof;
- consumer defaults in one or more obligations towards Witlof, or there is reasonable fear that he will fail in it, whether the reasons are justified or not;
- consumer does not enable Witlof to execute the agreement; this situation occurs, for example, if the consumer fails to specify the place of delivery;
7.3. Consumer must receive and check the goods purchased at Witlof (see warranty). If the goods are rejected by consumer or delivery is not possible, the goods are stored by Witlof, this at the expense and risk of the consumer. The storage costs shall be borne by the consumer. Witlof will demand performance but reserves the right to terminate the agreement without judicial intervention, without prejudice to the right of Witlof to compensation.
Article 8. Execution of the agreement
8.1. Witlof will execute the agreement to the best of its ability and in accordance with the requirements of good workmanship;
8.2. Witlof is entitled, without the consent of the consumer to outsource or to have performed the contract or parts thereof by third parties who are not employed by Witlof;
8.3. Consumer shall ensure that all information, which Witlof considers to be necessary or which the consumer should reasonably understand to be necessary for the execution of the agreement, will be provided to Witlof in a timely manner. If the data, necessary for the execution of the agreement, have not been provided to Witlof in a timely manner, Witlof has the right to suspend the execution of the agreement;
8.4. Witlof will execute the agreement to the best of its ability and in accordance with the requirements of good workmanship; and based on the scientific knowlegde of that time, and respecting the conduct and professional rules. Witlof declares towards consumer, to exercise the care that may be expected of a reasonably competent and reasonably acting colleague, however, cannot guarantee any legal effect resulting from incorrect use of the goods or when the safety instructions have been removed;.
Article 9. Warranty/complaint
9.1. Witlof guarantees that all cases are appropriate and legally permissible for the purpose for which they are intended, that they are in accordance with the agreed specifications;
9.2 With regard to what is provided elsewhere in these conditions, Witlof guarantees the soundness and quality of the products supplied by her for at least 6 months after delivery. The warranty on repairs is 3 months;
9.3. If a product is unusable due to damage during shipping, or does not match the ordered product, consumer has the ability to return this product and report this within 24 hours to Witlof;
9.4. Consumer is obliged, before using the delivered products, to read the information and advice accompanying the products;
9.5. Complaint is not possible if:
- the delivered goods show any imperfections or abnormalities which fall within a reasonable tolerance;
- the goods have been used for a purpose other than for which they are normally intended or in the opinion of Witlof have been used , stored or transported improperly,
- the damage was caused by the negligence of the consumer, or because the consumer has breached the safety instructions, directions of Witlof;
- the other party has not fulfilled its obligations towards Witlof (financial and otherwise);
9.6. If consumer complains, in compliance with the provisions of the agreement and these terms and conditions within five days after receipt, in writing, and his complaint is justified by Witlof, Witlof will, at her discretion, replace the defective items (or parts thereof) for free (after which the replaced goods shall become its property) or give a price reduction;
9.7 The handling of a complaint does not suspend the payment obligation of the other party;
9.8 If outside the above cases, consideration is given to a complaint, it is entirely voluntarily and the consumer can not derive any rights therefrom;
Article 10. Inspection and risk
10.1. The goods are inspected by Witlof before delivery.
10.2 The risk of loss or damage to the goods passes to the consumer at the time they are delivered to the other party legally and/or factually and thereby fall into the power of the consumer or a third party to be appointed by the consumer;
Article 11. Non-compliance/dissolution/suspension
11.1. Witlof is entitled to terminate the agreement with immediate effect, without judicial intervention, wholly or in part or suspend the execution, without prejudice to its rights otherwise attributable (to fulfillment and/or compensation) if:
- consumer acts in conflict with any provision of the agreement between parties;
- consumer dies, requests suspension of payments, or files for bankruptcy or bankruptcy of the consumer is petitioned;
- any asset of the other party is seized;
11.2. The provisions of paragraph 1 of this article shall apply if the consumer, after being invited to do so in writing, has not made adequate security within seven days, in the opinion of Witlof.
Article 12. Retention of title
12.1. Delivery takes place under retention of title. This reservation shall apply with regard to claims for payment of all goods delivered or to be delivered by Witlof to the consumer under any agreement and/or in the context of delivery of work performed, as well as in respect of claims due to the failure of the other party to fulfill of these agreements;
12.2. In cases referred to Article 12 paragraph 1 above, Witlof is entitled to take back the goods delivered which in accordance with the preceding paragraph of this article have remained its property.
Article 13. Liability
13.1 Witlof is not liable for damage caused by any failure to fulfill its obligation (s) towards the consumer. The fulfillment of the obligations under guarantee/claim as defined in Article 9 above shall apply as sole and full compensation. Any other claim for damages, for whatever reason, is excluded, unless there is intent or gross negligence of Witlof or managerial subordinates;
13.2 Witlof is not liable for intent or (gross) negligence of (non-executive) subordinates or of others she engaged in the framework of the implementation of the agreement;
13.3. Witlof accepts no liability for advice given by or on its behalf;
13.4 Consumer should always give Witlof the opportunity to settle a complaint, otherwise the liability claim and thus the compensation shall lapse.
13.5. If the other party complains promptly, correctly and rightly about defects in a product, the liability resulting thereof for Witlof is limited to the obligation to redeliver the product free of charge, new, upon return of the product proved to be defective;
13.6. Without prejudice to the other paragraphs of this article, the liability of Witlof, for whatever reason, is limited to the amount of the net price of the goods delivered. Compliance with this provision shall be the sole and complete compensation;
13.7. Notwithstanding the preceding paragraph, Witlof is never liable for damages which exceed the insured amount, insofar as the damage is covered by insurance taken out by Witlof;
13.8. Consumer is familiar with the safety regulations affixed to the goods and packaging and warnings to the consumer. Witlof is not liable for damages, including non-material damage and damage to health the other party and/or a third party may suffer and which is related to the use of the goods.
Article 14. Force majeure
14.1 Force majeure within the meaning of these terms and conditions is understood to mean any circumstance beyond the will and control of Witlof, whether or not foreseeable at the time of entering into the agreement, as a result of which fulfillment cannot reasonably be required of Witlof, such as war, government measures, lack of raw materials, factory or transport disruptions of any kind, work strikes, lockout or lack of personnel, quarantine, epidemics, frost, failure of third parties engaged by Witlof for the purpose of the execution of the agreement ( such as late delivery by suppliers), etc.
14.2. Force majeure entitles Witlof to either terminate the agreement in whole or in part or to suspend the performance of her obligations, without being liable for damages. In respect of the already executed part of the agreement, consumer shall still be liable for payment.
Article 15. Personal data
Article 16. Intellectual property rights
16.1 All intellectual property rights relating to the products are vested in Witlof.
16.2 The other party is not permitted to reproduce, publish or imitate the products, without having obtained explicit permission from Witlof.
Article 17. Partial nullity
If one or more provisions of this Agreement by consumer are not, or not entirely valid, the remaining provisions shall remain in full force. Instead of the invalid provisions, a suitable arrangement is valid, which approximates the intention of the parties and the economic result pursued by them in a legally effective manner as closely as possible..
Article 18. Place of compliance, applicable law, competent court
18.1. The place of establishment of Witlof is where party must fulfill its obligations towards Witlof, unless mandatory provisions dictate otherwise.
18.2. On all offers and agreements of Witlof exclusively Dutch law applies.
18.3. All disputes arising from the agreement concluded between the party and Witlof or further agreements that may result therefrom, shall be settled by the competent court.