Terms and conditions

General Terms and Conditions WoodWindDesign

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 guarantee

Article 11 – Delivery and execution

Article 12 – Long-term transactions: duration, termination, and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or deviating 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 of withdrawal;

2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period;

7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

8. Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively using one or more techniques for remote communication;

9. Technique for remote communication: means that can be used for concluding a contract without the consumer and entrepreneur simultaneously being in the same space.

Article 2 – Identity of the entrepreneur WoodWindDesign

Weegbree 2, 2923 GM Krimpen aan den IJssel, Netherlands

Phone number: +31-6-14292221

Email address: info@woodwinddesign.nl

Chamber of Commerce number: 60329343

VAT identification number: NL118164090B02

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and they will be sent to the consumer free of charge upon request as soon as possible.

3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, 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 by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means or in another way upon request.

4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs two and three apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

o the price including taxes;

o any delivery costs;

o the manner in which the contract will be concluded and what actions are required for this;

o whether or not the right of withdrawal applies;

o the method of payment, delivery, and execution of the contract;

o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

o the amount of the rate 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 communication medium used;

o whether the agreement will be archived after its conclusion, and if so, how it will be accessible to the consumer;

o the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it; o any other languages in which, in addition to Dutch, the agreement can be concluded;

o the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

o the minimum duration of the distance contract in case of a long-term transaction.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.

4. Within legal frameworks, the entrepreneur can inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.

5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: a. the visiting address of the entrepreneur’s establishment where the consumer can address complaints; b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about guarantees and existing service after purchase; d. the data mentioned in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data 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 of indefinite duration. 6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6

– Right of withdrawal

When purchasing products, the consumer has the option of dissolving the agreement without giving any reason during 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.

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 accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 – Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, he shall bear the costs of returning the goods.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur 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 spoil or age quickly; e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services: a. on accommodation, transport, catering, or leisure activities to be carried out on a certain date or during a certain period; b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired; c. on bets and lotteries.

Article 9 – The price

1. During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

o they are the result of statutory regulations or provisions; or

o the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.

Article 10 – Conformity and guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.

2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address that the consumer has made known to the entrepreneur.

3. Subject to what is stated in Article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs.

4. 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 no later than 30 days after dissolution.

5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At least before delivery, it will be mentioned in a clear and comprehensible manner that a replacement item will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.

6. 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 expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination, and extension

1. The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of at most one month.

2. The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed term, subject to agreed termination rules and a notice period of at most one month.

3. The consumer can in the agreements referred to in the previous paragraphs: a. terminate at any time and not be limited to termination at a specific time or during a specific period; b. terminate at least in the same way as they have been entered into by him; c. always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

4. An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period of time.

5. Notwithstanding the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.

6. An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel it at any time with a notice period of no more than one month. The notice period is a maximum of three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

7. An agreement with limited duration to the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

8. If an agreement has a duration of more than one

year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness are opposed to termination before the end of the agreed duration.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.

3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs that have been made known to the consumer in advance.

Article 14 – Complaints procedure

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. 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.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

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

5. In the event of complaints, a consumer must first turn to the entrepreneur. With complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (WebwinkelKeur Foundation), which will mediate for free. Should there be a dispute that cannot be resolved by mutual agreement, then the consumer should turn to Thuiswinkel (Stichting Webshop Trustmark) for mediation.

6. A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will at its option either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 16 – Additional or different provisions

Additional provisions of and/or provisions deviating 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 medium.