Terms and conditions
Article 1 – Definitions
In these terms and conditions shall apply:
1. Entrepreneur (seller): the natural or legal provider of products and/or remote services and consumer services;
2. Consumer (buyer): the natural person not acting in the exercise of professional or business and a remote agreement with the entrepreneur;
3. Remote Agreement: an agreement made in the context of a system organized by the Entrepreneur, for distance sale of products and/or services, to conclude the agreement, through use of one or more means of technological distance communications;
4. Technology for remote communication: means that can be used to conclude a contract, without the consumer and seller being in the same room;
5. Grace period: The period during which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the ability for the consumer to waive the remote agreement within the cooling-off period;
7. Day: calendar day;
8. Transaction Duration: agreement concerning a range of products and/or services, where the supply and/or purchase is spread over time;
9. Durable medium: any means by which the consumer or entrepreneur are able to save personally addressed information, in such a manner that it (unaltered) may be easily used for consultation or reproduction in the future.
Article 2 – Identity of the entrepreneur
Wilhelmina Designs B.V.
Telephone number: +31 (0)33 828 0140
Email: [email protected]
Company number: 63999323
Business name:Wilhelmina Designs B.V.
IBAN: NL06 RABO 0305 9257 25
Article 3 - Relevance
1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between this business and its consumers.
2. Before the agreement is concluded, these general conditions are made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, the entrepreneur will be send these indicated general conditions as soon as possible to the consumer, and free of charge.
3. If the remote agreement is concluded electronically, may deviate from the preceding paragraph and before the remote agreement is concluded, the text of these terms and conditions are made available to the consumer in such a way that the consumer can be easily stored on a durable medium. If this is not reasonably possible, before the remote agreement is concluded, the terms and conditions, at the request of the consumer will then be sent electronically, or otherwise, free of charge.
4. In the event that in addition to these terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply. And in case of conflicting terms, the consumer can always rely on the applicable provision that is most favorable to him.
Article 4 - The Offer
1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and/or services. The description is sufficiently detailed to allow proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that is clear to the consumer, i.e. what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
• The price including taxes;
• Any costs of delivery;
• The manner in which the agreement will be achieved and what actions are required;
• Whether or not to apply the right of withdrawal;
• The method of payment, delivery or performance of the contract;
• The deadline for accepting the offer, or the deadline for price maintenance;
• The level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
• After the agreement is filed, in which way the consumer may consult this information.
• The manner in which the consumer can be informed of undesired actions, and the way in which he can recover this information before concluding the agreement.
• The languages in which, in addition to Dutch, the contract can be concluded;
• The conduct to which the seller is subject and the way the consumer can consult these behavioral codes electronically; and
• The minimum duration of the remote agreement in the event of a contract, including continuous or periodic delivery of products or services.
Article 5 - The Agreement
1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the seller will immediately confirm electronic receipt of acceptance of the offer, also via email. The consumer may rescind the contract, only until the receipt / contract acceptance has been confirmed.
3. If the agreement is created electronically, the seller will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure and safe web environment. If the consumer pays electronically, the seller will take suitable security measures.
4. The entrepreneur must - within the law - satisfactorily inform the consumer of payment obligations, as well as all facts and factors relevant to responsibly concluding the remote agreement. If the seller, under the basis of this inquiry, has sound reason not to enter into the agreement, he has the right to refuse an order or request and is not entitled to conclude the contract, on the basis of specific conditions.
5. The entrepreneur will provide the consumer with the following information of a product or service in writing or in such a way that it can be stored on a durable medium in an accessible manner, and send:
a. The address of the business to which where the consumer can send complaints;
b. The conditions under which - and the manner in which - the consumer can exercise the right of withdrawal, and must make a clear statement regarding the exclusion of the right of withdrawal;
c. The information on existing after-sales services and guarantees;
d. The data contained in Article 4, paragraph 3 to which these conditions apply, unless the seller has provided this information to the consumer before concluding the contract;
e. The requirements for terminating the contract are invalid if the agreement has duration of more than one year, or if duration is unspecified.
6. If the entrepreneur is committed to delivering a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 (a) - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer can cancel the contract without giving any reason within 14 working days. This period starts on the day following receipt of the product by or on behalf of the consumer.
2. During this period the consumer will treat the product and packaging carefully. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories and - if reasonably possible - return it in the original condition and packaging to the operator, in accordance with clear and reasonable instructions provided by the seller.
3. Deliveries to businesses (B2B) are excluded from the right of withdrawal
Article 6 (b) - Right of withdrawal upon delivery of services
1. With the delivery of services, the consumer can cancel the contract without giving any reason within 14 working days, starting on the day of entering into the agreement.
2. To exercise the right of withdrawal, the consumer will provide the entrepreneur with relevant information, and reasonable, clear instructions during the contract, and/or at delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, his account will not exceed the cost 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 cancellation.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have the right of withdrawal, it must be clearly stated by the entrepreneur that the right was excluded in the offer before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a) which have been made to the consumer's specifications and/or purpose, thus manufactured specifically for the consumer by the seller;
b) that are clearly personal in nature;
c) that cannot be returned because of their nature;
d) that rapidly decay or become obsolete;
e) whose price depends on fluctuations in the financial market over which the seller 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) that carry on a certain date or during a specified period on accommodation, transport, catering or leisure;
b) that supply the express consent of the consumer before the period has expired;
c) betting and lotteries.
Article 9 - The Price
1. During the period mentioned in the offer, prices of the products and/or services have not increased, except for price changes resulting from changes in tax rates.
2. Aside from the preceding paragraph, the seller’s products or services whose prices are subject to fluctuations in the financial market - over which the seller has no influence are variable prices. This link with fluctuations, and the fact that any set target prices, may alter; will be stated in the agreement.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the contract was concluded are only permitted if the seller stipulated as much and:
a) These are the result of legislation or regulations, or
b) The consumer has the power to terminate at the date the increase takes effect.
5. The prices of products or services mentioned include VAT.
Article 10 - Compliance and Warranty
1. The seller guarantees that the products and/or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and/or usability, and of the existing legal provisions, or government regulations on the date of the agreement conclusion.
2. An arrangement offered by the seller, manufacturer or importer as a guarantee does not affect the rights and claims that consumers can assert on the basis of the law and/in respect of a failure to fulfill the obligations of the entrepreneur against or the remote agreement.
Article 11 - Delivery and implementation
1. The seller will take the greatest possible care when receiving and implementing 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 Wilhelmina Designs.
3. Subject to what is stated in Article 4 of these terms and conditions, the company will implement accepted orders expeditiously, but within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be carried out or only partially, the consumer receives them no later than one month after placing the order. The consumer in this case, has the right to terminate the contract at no cost to themselves, but in such cases, may also not claim any compensation.
4. In case of termination in accordance with the preceding paragraph, the seller will refund the consumer as soon as possible, to be paid no later than 30 days after refutation.
5. If delivery of an ordered product proves impossible, the seller will endeavor to provide a replacement item, if available. The buyer will be notified in a clear and comprehensible manner that a replacement item is to be delivered, before the delivery. For replacement items, the right of withdrawal cannot be accepted. The return shipment costs are covered by the seller.
6. The risk of damage and/or loss of products until the moment of delivery to the consumer are handled by the seller, unless otherwise expressly agreed.
7. The delivery time of goods is between 4 to 16 weeks.
8. Delivery times cited are to be maintained as much as possible, but Wilhelmina Designs formulate no exceptional deadlines, unless otherwise agreed upon (in writing). Consumers cannot claim any compensation on exceeding/exceeded delivery times.
Article 12 - Expensive/duration transactions
1. The consumer may cancel a contract which has an undefined duration, at all times, in compliance within the agreed termination rules of the contract, and with a notice period of one month.
2. A contract for a definite period has duration of up to two years. If it is agreed in the silence of the consumer, the remote agreement will be renewed; the agreement will be continued as a contract for an undefined period, with a notice period, after continuation of the contract, of up to one month.
Article 13 – Payment and title retention
1. Payment of goods is never on credit. Payment of goods is done directly during the order. Only after payment, is the order actually completed.
2. The consumer has the duty to report any inaccuracies in data supplied or specified payment immediately to the seller.
3. In case of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge its reasonable costs to the consumer in advance.
4. All goods delivered by Wilhelmina Designs remain the property of Wilhelmina Designs until the time that the Consumer has fully met its payment with respect to those goods. Consumers will never have the right to sell or otherwise make these things available to third parties.
Article 14 – Complaints and Disputes
1. The entrepreneur has a sufficiently disclosed complaints procedure and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must be promptly, fully and clearly described and submitted to the entrepreneur, as soon as the consumer has discovered any flaws.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint has a foreseeable longer processing time, an acknowledgment of the receipt and indicating when the consumer can expect a more detailed answer will be given within the 14 days period.
Article 15 - Intellectual property
The Buyer acknowledges that all intellectual property rights of displayed information, communications or other expressions concerning the products and / or with respect to the website is owned by Wilhelmina Designs, its suppliers and/or other claimants.
Article 16 - Personal details
Article 17 - Applicable law and competent court
All offers, agreements and implementation of Wilhelmina Designs are subject to Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
Article 18 - Links
The website of Wilhelmina Designs may contain third party advertisements or links to other sites. In the privacy policies stated, these third party sites have no influence on Wilhelmina Designs and are therefore not liable.
Article 19 - Your rights
You can always ask what information about you is processed by Wilhelmina Designs. To do this, please send an e-mail. You can also ask for improvements, additions or corrections by e-mail to Wilhelmina Designs that will be processed as soon as possible. If you no longer wish to receive information from is, please let Wilhelmina Designs know this. Conduction of information occurs only if you provide your e-mail address.
Article 20 (a) - Additional or different terms
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium by the consumer in an accessible manner.
Article 20 (b) - Additional provisions
Wilhelmina Designs suits the guarantees of its supply factories to its products. When making any warranty, Wilhelmina Designs ensure partial replacement or full replacement of an item. The warranty period starts at the time of the first delivery/arrival of product. Regarding warranty, the following exclusions do not apply: normal wear and tear, improper handling, and damage by intent, damage due to temperature fluctuations, damage due to other weather conditions.