Terms and Conditions

Terms and Conditions

Article 1 – Definitions

In these conditions, the following terms are defined as:

1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. 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;
3. Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
4. Means of distance communication: a means that can be used for concluding an agreement without the consumer and the entrepreneur being in the same room at the same time;
5. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Day: calendar day;
8. Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the Entrepreneur

Designerwand.nl
Holleweg 28
3905LG, Veenendaal
Email: info@designerwand.nl

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by 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 shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and the consumer may always invoke the applicable provision that is most favourable to them in the event of conflicting general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited period of validity or is subject to conditions, this shall 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:

• – the price including taxes;
• – any delivery 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 or performance of the agreement;
• – the deadline for accepting the offer, or the deadline for maintaining the price;
• – the level of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic tariff;
• – if the agreement is archived after its conclusion, the manner in which it can be consulted by the consumer;
• – the manner in which the consumer can become aware of actions not desired by them before concluding the agreement, as well as the manner in which they can rectify these before the agreement is concluded;
• – any languages in which, in addition to Dutch, the agreement can be concluded;
• – the codes of conduct to which the entrepreneur has subjected themselves 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 contract for the continuing or periodic delivery of products or services.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and the conditions set therein are met.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
4. The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation for not entering into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
5. The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

a. the 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 exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about existing after-sales service and guarantees;

d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;

e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6.   If the entrepreneur has committed to delivering a series of products or services, the provision in the previous paragraph shall only apply to the first delivery.

Article 6 – Right of Withdrawal for Product Delivery

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 working days. This period starts on the day after receipt of the product by or on behalf of the consumer. This does not apply to custom-made wallpaper.
2. During this period, the consumer shall handle the product and its packaging with care. If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. The wallpaper must not have been unpacked and restuffed into the packaging.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, the costs of return shipping shall be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.

Article 8 – Exclusion of the Right of Withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   1. that have been produced by the entrepreneur in accordance with the consumer’s specifications;
   2. that are clearly of a personal nature;
   3. that by their nature cannot be returned;
   4. that can spoil or age quickly;
   5. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   6. that have been specially made to measure at the request of the consumer.

Article 9 – The Price

1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are guide prices shall be stated in the offer.
3. Price increases within 3 months of 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:
   1. they are the result of statutory regulations or provisions; or
   2. the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services are inclusive of 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 reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. A guarantee arrangement offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur on the basis of the law and/or the distance contract regarding a shortcoming in the performance of the entrepreneur’s obligations.

Article 11 – Delivery and Execution

1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when 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 shall execute accepted orders with due speed but no later than within 2 to 3 working days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall receive notification of this no later than 2 to 3 working days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost but is not entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 30 days of dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur shall endeavour to make a replacement article available. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of return shipping are borne by the entrepreneur.
6. The entrepreneur cannot be held liable for the risk of damage and/or loss of products during transport, and this does not entitle the consumer to any compensation, unless expressly agreed otherwise.

Article 12 – Payment

1. Unless otherwise agreed at a later date, the amounts owed by the consumer must be paid in advance.
2. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur immediately.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs previously communicated to the consumer.
5. In the case of bank or giro transfer payment, the payment date is the moment the money is in the entrepreneur’s account.

Article 13 – Complaints Procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within seven days, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. It is important to check the products upon receipt for any transport damage. Report as soon as possible and in any case within 7 days if something is wrong with a received product.

Article 14 – 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 data carrier.