GENERAL TERMS AND CONDITIONS WOOX HOME
1. Woox Home : KingKees V.O.F., established in Zundert, NL, chamber of commerce: 70177201
2. Customers: the person with whom Woox Home has entered into an agreement.
3. Parties: Woox Home and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
1. In these terms and conditions will apply to all quotations , offers, activities, orders, agreements and deliveries of services or products by or on behalf of Woox Home.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the consumer or of third parties.
1. All prices used by Woox Home are in Euro or GBP, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Woox Home is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise at any time.
3. Increases in the cost prices of products or parts thereof, which Woox Home could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
If the consumer has received a sample or model of a product, he can derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform tot he sample or model.
PAYMENTS AND PAYMENT TERM
Products are immediately paid for in the store serviced by any of the given payment methods inside the store and order administration options.
RIGHT OF RECOVERY OF GOODS
1. As soon as the customer is in default, Woox Home is entitled to invoke the right of recovery with regard to unpaid products delivered to the customer.
2. Woox Home invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Woox Home, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.
RIGHT OF CANCELLATION
1. A customer may cancel an online purchase during a cooling-off period of 14 days without giving any reason.
2. The reflection period of 14 days as referred to in paragraph 1 commences;
-on the day after the consumer has received the last product or part of 1 order.
-as soon as the consumer has received the first the product of a subscription.
-as soon as the consumer has purchased a service for the first time.
-as soon as the consumer has confirmed the purchase of digital content via internet.
3. The consumer can notify his right of cancellation via: firstname.lastname@example.org
4. The consumer is obliged to return the product to Woox Home within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
5. The costs for return are due Woox Home if the complete order is returned.
6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Woox Home will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Woox Home in time.
SUSPENSION OF OBLIGATIONS BY THE CUSTOMER
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
RIGHT OF RETENTION
1. Woox Home can appeal to his right of retention of title and in that case retain the products sold by Woox Home to the customer until the customer has paid all outstanding invoices with regard to Woox Home, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payment to Woox Home.
3. Woox Home is never liable for any damage that the customer may suffer as a result of using his rigth of retention of title.
The customer waives his right to settle any debt to Woox Home with any claim on Woox Home.
RETENTION OF TITLE
1. Woox Home remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Woox Home under whatever agreement with Woox Home including of claims regarding the shortcoming in the performance.
2. Until then, Woox Home can invoke its retention of title and take back the goods.
3. Before the property is transferred to customer, the customer may not pledge, dispose of or otherwise encumber the products.
4. If Woox Home invokes its retention of title, the agreement will be dissolved and Woox Home has the right to claim compensation, lost profits and interest.
1. Delivery takes place while stocks last.
2. Delivery takes place at Woox Home unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, Woox Home has the right to suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Woox Home.
1. Any delivery period specified by Woox Home is indicative and does not give the customer the right to dissolution or compensation if its period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Woox Home.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Woox Home cannot deliver within 14 days or if the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
PACKAGING AND SHIPPING
1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Woox Home may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Woox Home, failing which Woox Home cannot be held liable for any damage.
1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of damage resulting from accidents, changes made to the product its hardware, negligence or improper use by the customer, or when the cause of the defect can not be clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Exchange is only possible if the following conditions are met;
-exchange takes place within 14 days after purchase upon presentation of the original invoice
-the product is returned in the original packaging or with the original invoice still attached to it
-the product has not been used
The customer indemnifies Woox Home against all third-party claims that are related to the products and/or services supplied by Woox Home.
1. The customer must examine a product or service provided by Woox Home as soon as possible for possible shortcomings.
2. If a delivered products or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Woox Home of this as soon as possible , but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Woox Home of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that Woox Home is able to respond adequately.
5. The customer must demonstrate that the complaint related to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Woox Home being forced to perform other work than has been agreed.
1. The customer must provide any notice of default to Woox Home in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Woox Home (in time).
JOINT AND SEVERAL CLIENT LIABILITIES
If Woox Home enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Woox Home under that agreement.
LIABILITY OF WOOX HOME
1. Woox Home is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If Woox Home is liable for any damage, it is only liable for direct damages that results from or related to the execution of an agreement.
3. Woox Home is never liable for indirect damages, such as consequential loss, loss profit, lost savings or damage to third parties.
4. If Woox Home is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the adsence of (full) payment by an insurance company of the damages the amount of liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photo, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from Woox Home shall in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude provisions in article 6:89 of the Dutch Civil Code.
1. The customer has the right to dissolve the agreement if Woox Home imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is minor significance.
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Woox Home in the fulfillment of any obligation to the customer cannot be attributed to Woox Home in any situation independent of the will of Woox Home, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably by required from Woox Home.
2. The force majeure situation referred to in paragraph 1 is also applicable- but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters etc..); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems; bad weather conditions and work stoppages.
3. If a situation of force majeur arises as a result of which Woox Home cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Woox Home can comply with it.
4. From the moment that a force meajure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Woox Home does not owe any (damage) compensation in a situation of force meajure, even if it has obtained any advantages as a result of the force meajure situation.
CHANGES IN THE GENERAL TERMS AND CONDITIONS
1. Woox Home is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Woox Home with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
TRANSFER OF RIGHTS
1. The customer can not transfer its rights deferring from an agreement with Woox Home to third parties without the prior written consent of Woox Home.
2. This provision applies as a clause with a property law effect as reffered to in Section 3:83 (2) Dutch Civil Code.
CONSEQUENCES OF NULLITY OR ANNULLABILITY
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Woox Home had in mind when drafting the conditions on that issue.
APPLICABLE LAW AND COMPETENT COURT
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Woox Home is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on July 1st, 2019