General terms & conditions

Article 1 – Definitions
Article 2 – Company identity
Article 3 – Applicability
Article 4 – The offering
Article 5 – The Agreement
Article 6 – Cancellation right
Article 7 – Exercise of the consumer cancellation right and costs thereof
Article 8 – Cancellation right exclusions
Article 9 – The cost
Article 10 – Compliance and additional guarantees
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Supplementary or different provisions

ARTICLE 1 – DEFINITIONS

In these conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer can exercise his right to cancel;
2. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
3. Day: calender date;
4. Digital content: data that is produced and supplied in digital form;
5. Durable medium: any tool – including email – that enables the consumer or company to store information that is addressed to him personally in a way that allows future access or use for a period of time that is aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
6. Cancellation right: the option for the consumer to rescind the remote agreement within the cooling-off period;
7. Company: the natural or legal person who offers products, (access to) digital content and/or services to consumers remotely;
8. Remote agreement: an agreement between the company and the consumer entered into as part of an organised system for the remote sale of products, digital content and/or services, where up to and including the time of signing the agreement, exclusive or joint use is made of one or more means of remote communication;
9. Method for remote communication: a means that can be used for establishing an agreement, without the consumer and company needing to be together in the same room at the same time. 10. General terms and conditions: The applied general terms and conditions of the company.

ARTICLE 2 – COMPANY IDENTITY

Wellmark
Hinthamerstraat 57A
‘s-Hertogenbosch
+31 (0) 621954985. Available Monday to Friday from 08.30 a.m. to 5 p.m.
[email protected]
Chamber of Commerce number: 81443749
VAT identification number: NL862094616B01

ARTICLE 3 – APPLICABILITY

1. These general terms and conditions apply to every offer from the company and to every remote agreement reached between the company and the consumer.
2. Before the remote agreement is entered into, the terms and conditions will be made available to the consumer. If this is not reasonably possible and before the remote agreement is entered into, the company will specify how the terms and conditions can be viewed by the consumer and ensure that they are sent to the consumer free of charge as soon as possible at their request.
3. If the remote agreement is done electronically, then, contrary to the previous section and before the remote agreement is entered into, the terms and conditions can be made electronically available to the consumer, in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the remote agreement is entered into, it will be specified where the general terms and conditions can be viewed electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third sections shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most beneficial to him.

5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, then the agreement and these terms and conditions will remain in force and the relevant provision will be immediately replaced in mutual consultation by a provision that the purport from the original as closely as possible.

6. Situations that are addressed in these general conditions, are to be judged ‘in the spirit’ of these general conditions.

7. Uncertainties about the explanation or content of one or more provisions of our conditions, need be interpretated ‘in the spirit’ of these general conditions.

ARTICLE 4 -THE OFFERING

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 is without obligation. The company is entitled to change the offer.
3. The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the company uses images, ensure these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the company’s part.
4. All images and specifications in the offer are an indication and cannot lead to compensation of dissolution of the agreement.

5. Images of the products are a faithful representation of the offered products. The company cannot guarantee dat the showed colours will exactly match with the real colours of the products. 6. Each offer will include the information that it is clear to the consumer what the rights and obligations are, that are connected to the acceptance of the offer. This applies to the following in particular:

the price including taxes;
any possible shipment costs;
the way in which the agreement will be concluded and which actions are required for this;
whether or not the right of cancellation applies;
the method of payment, delivery and implementation of the agreement;
the terms of acceptance of the offer, as well as the period in which the company guarantees the price;
the level of the rate for distance communication if the costs of using the technology 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 archived after it has been concluded, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by him under the agreement and, if necessary, restore it.
any other languages in which, in addition to Dutch, the agreement can be concluded.
the behavioral codes the which the company is subjected and the way in which the consumer can consult these behavioral codes electronically.
the minimal duration of the agreement on a distance in case of a duration transaction.
optional: available sizes, colours and materials.

ARTICLE 5 – THE AGREEMENT

1. The agreement is effected, subject to the provisions of section 4, when the consumer accepts the offer and meets the conditions therein.
2. If the consumer has accepted the offer electronically, the company shall immediately acknowledge receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the company, the consumer can dissolve the agreement.
3. If the agreement is established electronically, the company will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is capable of paying electronically, the company will take appropriate security measures.
4. The company can, within the framework of the law – establish whether the consumer is able to meet his payment obligations, as well as all those facts and factors that are important for responsibly entering in to a remote contract. If, on the basis of this analysis, the company has good grounds for not entering into the agreement, they are entitled to refuse an order or request, stating reasons, or to impose special conditions on the execution of the agreement.
5. The company will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, at the latest upon delivery of the product, service or digital content:
a. the visiting address of the company’s establishment where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer may exercise their cancellation right, or a clear indication of exclusions to the cancellation right;
c. the information on guarantees and existing after-sales service;
d. the conditions referred to in section 4 part 3, unless the company already provided this information to the consumer before the execution of the agreement.
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
6. In the case of a continuing performance contract, the provision of the previous section shall only apply to the first delivery.

ARTICLE 6 – CANCELLATION RIGHT

By products:
1. The consumer can dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. This cooling-off period will start on the day of receipt of the goods or a previously informed moment by the consumer to the company disclosed representative.
2. During this cooling-off period the consumer will handle the product and packaging with care. He will only use and unpack the product in the necessary way to be able to judge if he wishes to keep the product. if he wants to make use of his right to return the goods, he will return the product with all delivered attachments and if reasonably possible in it’s original state to the company, according to the reasonable and clear instructions of the company. 3. If the consumer wants to use his right to return the goods, he is obligated to inform the company about this within 14 days of receipt of the goods. This information needs to be shared through the model form. After sharing the information he wants to use the right to return the goods, the goods need to be send back to the company, within 14 days. The consumer needs to prove that de goods have been send, for example in the form of a proof of delivery.

4. If the customer has not made it known after teh expiry of the periods referred to in sections 2 and 3 that hes wishes to make use of his right of withdrawal resp. the product has not been returned to the company, the purchase is a fact.

Article 7 – Costs in case of consumer exercising his cancellation right

1. If the consumer exercises his use of the cancellation right, the costs of the returnshipment will be at his expense.

2. if the consumer has paid an amount, the company will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received back by the company. conclusive proof of complete return can be submitted. reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly consents to a different payment method.

3. in case of damages to the product due to uncarefull handling by the customer, he is responsible for any decrease in the value of the product.

4. the consumer cannot be held liable for a decrease of value of the product if the company has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

ARTICLE 8 – CANCELLATION RIGHT EXCLUSIONS

1.The company can exclude the following products and services from the cancellation right as stated in section 2 and 3, but only if the company has clearly stated this when making the offer, or at the very least in good time before entering into the agreement:
2. Exclution of the cancellation rights is only possible for products that:
a. that have been created by the company in accordance with the consumer’s specifications;
b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that can spoil or age quickly; e. whose price depends on fluctuations in the financial market on which the company has no influence; f. single newspapers or magazines; g. for audio- and videorecordings and computersoftware of which the customer has broken the sealing; h. for hygienic products of which the customer has broken the sealing. 3. Exclusion of the right of withdrawal is only possible for services: a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period; b. of which the delivery started with the express consent of the consumer before the reflection period has expired;

c. regarding betting and lotteries.

ARTICLE 9 – THE COST

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous section, the company may offer products or services whose prices are subject to fluctuations in the financial market and over which the company has no influence, with variable prices. The offer shall refer to these fluctuations and to the fact that any prices quoted are target prices.
3. Price increases within 3 months following the establishment of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months following the establishment of the agreement are only permitted if the company has stipulated this and:
a. are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
5. Prices listed in the offer of products or services include VAT. 6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typing errors, the company is not obliged to deliver the product at the wrong price.

ARTICLE 10 – COMPLIANCE AND ADDITIONAL GUARANTEES

1. The company guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of robustness and/or usability and the legal provisions and/or existing government regulations on the date of the establishment of the agreement. If agreed, the company also guarantees that the product is suitable for purposes other than normal use.
2. An additional guarantee provided by the company, its supplier, manufacturer or importer will never limit the legal rights and claims that the consumer can invoke against the company on the basis of the agreement if the company has failed in the performance of their part of the agreement.
3. Any defects or incorrectly delivered products must be reported to the company in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition. 4. The company’s warranty period corresponds to the manufacturer’s warranty period. However, the company is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. 5. The warranty does not apply if: a. The consumer has repaired and/or processed the delivered products himself or has had it repaired and/or processed by third parties; b. The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the instructions of the company and/or have been treated on the packaging; c. The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

ARTICLE 11 – DELIVERY AND EXECUTION

1. The company will observe the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these General Terms and Conditions, the company 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 is not or only partially carried out, the consumer will be notified no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation for damages.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article the company will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution. 6. If delivery of an ordered product proves impossible, the company will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprenhensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costt of any return shipment are for the account of the company. 7. The risk of damage and/or loss of products rests with the company untill the moment of delivery to the consumer or a predesignated representative made known to the company, unless expressly agreed otherwise.

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 grant a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the company without delay.
3. In the event of non-payment by the consumer, the company has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

ARTICLE 13 – COMPLAINTS PROCEDURE

1. The company has a well-publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the company within 2 months, after the consumer has established the defects.
3. Complaints submitted to the company will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the company will reply within 14 days with a confirmation of receipt and an indication when the customer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

5. I case of complaints, a consumer must first turn to the company. It is also possible to register complaints via de European ODR platform (http://ec.europa.eu/odr). 6. A complaint does not suspend the obligations of the company, unless the company indicates otherwise in writing.

7. If a complaint is found to be wellfounded by the company, the company will replace or repair the products delivered free of charge at his choice.

ARTICLE 17 – DISPUTES

1. Agreements between the company and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law, even if the consumer lives abroad. 2. The Vienna Sales Convention does not apply.

ARTICLE 18 – SUPPLEMENTARY OR DIFFERENT PROVISIONS

Supplementary provisions or provisions that deviate from these general terms and conditions may not be to the consumer’s detriment 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 me