Terms of Service
General Terms and Conditions WALA AMSTERDAM (18-10-2024)
Table of Contents
• Article 1 - Definitions
• Article 2 - Identity of the entrepreneur
• Article 3 - Applicability
• Article 4 - The offer
• Article 5 - The agreement
• Article 6 - Right of withdrawal
• Article 7 - Costs in case of withdrawal
• Article 8 - Exclusion of the right of withdrawal
• Article 9 - The price
• Article 10 - Conformity and warranty
• Article 11 - Delivery and execution
• Article 12 - Duration transactions: duration, cancellation, and extension
• Article 13 - Payment
• Article 14 - Complaints procedure
• Article 15 - Disputes
• Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
• Cooling-off period: the period during which the consumer can withdraw from the agreement without giving any reason.
• Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
• Day: calendar day.
• Duration transaction: a distance contract relating to a series of products and/or services, where the delivery and/or acceptance obligation is spread over time.
• Durable medium: any means that enables the consumer or entrepreneur to store information that is personally addressed to him 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 withdraw from the distance contract within the cooling-off period.
• Model form: the model form for withdrawal made available by the entrepreneur that a consumer can fill out when he wishes to exercise his right of withdrawal.
• Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers.
• Distance contract: a contract whereby, as part of a system organized by the entrepreneur for distance selling of products and/or services, the agreement is concluded exclusively by means of one or more techniques for remote communication.
• Technique for remote communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same space.
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
WALA AMSTERDAM, part of Mobisite;
Keurenplein 4, G9949
1069 CD Amsterdam
The Netherlands
Email: info@wala-amsterdam.com
Chamber of Commerce: 74590324
VAT number: NL002477824B54
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent to the consumer as soon as possible, free of charge, upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored on a durable medium by the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise, free of charge, upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply correspondingly, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of the agreement and these conditions shall remain in effect, and the relevant provision shall be replaced by a provision that closely approximates the intent of the original as much as possible.
Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms shall be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 - The Offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a truthful 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 give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are linked to the acceptance of the offer. This particularly concerns:
• the price including taxes;
• the possible shipping costs;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the amount of the fee for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the regular basic rate for the used communication means;
• whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;
• the manner in which the consumer can check and if desired, correct the data he has provided in the context of the agreement before concluding the agreement;
• the possible other languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has subjected himself and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a duration transaction.
Article 5 - The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer electronically without delay. As long as the agreement is not confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall 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 also take appropriate security measures.
The entrepreneur may – within legal frameworks – ascertain whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds to refuse to enter into the agreement based on this investigation, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
• the visiting address of the entrepreneur’s establishment where the consumer can go for complaints;
• the conditions under which and the manner in which the consumer can exercise his right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
• the information about warranties and existing service after purchase;
• the information included 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 termination of the agreement if the agreement has a duration of more than one year or of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
In the case of delivery of products:
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 30 days. This cooling-off period begins the day after the consumer or a representative designated by the consumer and known to the entrepreneur receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 30 days of receiving the product. This notification must be made by means of the model form or another means of communication, such as by email. After the consumer has notified the entrepreneur of his intention to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example, by means of a proof of shipment.
In the case of services:
When it comes to the delivery of services, the consumer has the option to dissolve the agreement without giving any reason within 30 days, starting from the day of entering into the agreement.
To exercise the right of withdrawal, the consumer must notify the entrepreneur within the cooling-off period. The consumer may do this by using the model form or by sending an email or another means of communication. If the consumer has requested the performance of the service during the cooling-off period, he will lose his right of withdrawal once the entrepreneur has completed the service.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the product will be borne by the consumer unless the entrepreneur has agreed to bear these costs.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the day on which the consumer has notified him of the withdrawal. The entrepreneur may wait with the refund until he has received the product back or the consumer has demonstrated that he has returned the product, whichever is earlier.
The entrepreneur will refund the consumer using the same payment method the consumer used unless the consumer agrees to a different method. The refund will be made without any charges for the consumer.
Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer for the following products and services:
• Products that have been created by the entrepreneur according to the specifications of the consumer.
• Products that are clearly personal in nature.
• Products that cannot be returned for hygiene reasons and of which the seal has been broken after delivery.
• Products that are damaged or unusable.
• Services that have been fully performed with the express prior consent of the consumer before the cooling-off period has expired.
Article 9 - The Price
During the period of validity stated in the offer, the prices of the products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and for which the entrepreneur cannot influence the fluctuations.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. These are products or services whose prices are subject to fluctuations in the financial market and for which the entrepreneur cannot influence the fluctuations; or
2. The consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and reasonable requirements of usability and/or durability.
In the event of a defect, the consumer is entitled to a replacement or repair of the product. If the defect is not resolved, the consumer may request a price reduction or terminate the agreement.
Article 11 - Delivery and Execution
The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in Article 4 of these terms, the entrepreneur will execute accepted orders as quickly as possible but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without any costs.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration Transactions: Duration, Cancellation, and Extension
Cancellation:
The consumer may cancel an agreement that has been entered into for an indefinite period of time at any time, with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel a fixed-term agreement at any time at the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of no more than one month.
Extension:
A fixed-term agreement is automatically extended for an indefinite period of time if the consumer does not cancel it at least one month before the end of the fixed term. The notice period is a maximum of one month.
Duration:
If the agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless otherwise agreed.
Article 13 - Payment
The consumer must pay the amounts due within the agreed term. The entrepreneur is entitled to suspend the delivery of products or services until the consumer has fulfilled his payment obligations.
The consumer cannot claim any discounts on payments.
The consumer must report inaccuracies in the provided or stated payment details to the entrepreneur without delay.
In case of default by the consumer, the entrepreneur has the right to charge the reasonable costs incurred in the recovery of the amount due.
Article 14 - Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
The entrepreneur will respond to the complaint as soon as possible, but at least within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Disputes between the consumer and the entrepreneur concerning the conclusion or execution of agreements relating to products and services provided by this entrepreneur can be submitted by both the consumer and the entrepreneur to the disputes committee.
Article 16 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer 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 medium.
