ALLGEMEINE BEDINGUNGEN UND KONDITIONEN
GENERAL TERMS AND CONDITIONS WELTEVREE EXPERIENCE B.V.
Article 1 - Definitions
1.1. In these general terms and conditions Weltevree Experience B.V., located in Amersfoort and registered with the Chamber of Commerce number 09155901, is referred to as 'Weltevree'.
1.2. When reference is made to "customer" in the general terms and conditions, this refers to the other party.
1.3. 'Agreement' means the contract of assignment under which Weltevree delivers garden furniture or other outdoor products to the customer against payment.
Article 2 - Applicability
2.1. These general terms and conditions apply to all quotations, agreements, the resulting work, offers, and invoices from Weltevree.
2.2. These general terms and conditions also apply to third parties engaged by Weltevree to execute the agreement.
2.3. Weltevree reserves the right to unilaterally amend the general terms and conditions. In this case, Weltevree will send new general terms and conditions to the customer, whereby the latest version sent will always apply. If the new version contains major changes, with adverse consequences for the customer, the customer has the right to dissolve the agreement.
2.4. Any general (purchase) conditions of the customer are expressly rejected.
2.5. In the event that one or more of these provisions are (partially) void or nullified, the remaining provisions will remain in full force and effect.
Article 3 - Quotations and offers
3.1. The validity period of a quotation is 14 calendar days unless otherwise agreed.
3.2. Products that the customer has placed in the shopping cart in the webshop, but has not yet paid, remain reserved for 24 hours unless otherwise agreed.
3.3. If the customer places an order, the customer agrees to these general terms and conditions. For this, before placing the order, the customer must check that they have taken note of the general terms and conditions.
3.4. The images of the products on the website are as accurate as possible. If an offer contains an additional description, this is sufficient to allow the customer to evaluate the offer. However, the customer cannot derive any rights from depicted color or specifications mentioned in the description.
3.5. Weltevree cannot be held to (a certain part of) an offer if the customer could reasonably understand that it contains an obvious mistake or typographical error.
Article 4 - Rates and payments
4.1. An agreement is entered into for a definite period, unless otherwise agreed upon.
4.2 Prices stated in the contract include VAT, but exclude shipping, import duties, administration, and installation costs, unless otherwise agreed upon. If the customer is an entrepreneur, prices are displayed excluding VAT.
4.3. When purchasing a product from the webshop, Weltevree will ensure that a private customer has the option of paying at least half of the total amount in arrears.
4.4. Business customers must pay the entire agreed price in advance with the first order. For subsequent orders, the customer has the option to pay the agreed price in arrears.
4.5. The prices communicated by Weltevree at the time of entering into the Agreement are based on the then-current price level. If circumstances require, Weltevree has the right to change prices. If prices are increased within three months and the customer is a private individual, the customer has the right to dissolve the agreement.
4.6. If the customer has opted for post-payment, invoices must be paid within 14 days of the invoice date, unless otherwise agreed or the invoice states a different payment term.
4.7 When the agreement is concluded through the webshop, Weltevree will take appropriate security measures for the electronic payment. Weltevree also ensures a secure website and electronic data transfer.
4.8. The customer will be in default by operation of law if the customer fails to fulfill their payment obligations within the specified payment period. From the time that the customer is in default until the time that the invoice is paid in full, the customer will owe statutory interest.
4.9. When the customer defaults or is in default, all reasonable costs incurred by Weltevree in collecting the debt will be borne by the customer.
4.10. If the customer is in a state of liquidation, bankruptcy, or suspension of payments, any claims Weltevree has against the customer are immediately due and payable.
Article 5 - Provision of information
5.1. The customer must provide Weltevree with all information, including shipping information, necessary for the performance of the Agreement in a timely manner.
5.2. The customer guarantees the accuracy, completeness, and reliability of the information supplied. This also applies to information provided by third parties.
5.3. Weltevree will treat customer data confidentially.
5.4. If the customer provides incorrect data or fails to provide data in a timely manner, as a result of which the agreement cannot be performed or cannot be performed in its entirety, or a delay occurs as a result, any resulting additional costs will be borne by the customer.
5.5. The customer indemnifies Weltevree for all damages resulting from failure to comply with the obligations of this article.
Article 6 - Execution of the agreement
6.1. Weltevree will execute the assignment to the best of its knowledge and ability. It is not liable for not achieving the result that the customer intended.
6.2. Weltevree reserves the right to engage third parties to perform the agreed-upon work.
6.3. Weltevree will not perform assignments that are contrary to law or inconsistent with its professionalism.
Article 7 - Amendment and cancellation
7.1. If during the execution of the agreement it appears that it is necessary to amend or supplement the work to be performed, the parties will amend the agreement in good time and in consultation. In this case, Weltevree will send an additional quotation describing the addition or amendment and the corresponding price. If the amendment or addition results in additional costs, a change in quality, or affects the time of completion, Weltevree will notify the customer.
7.2. If new facts or circumstances occur, which involve a disruption of the relationship of trust, Weltevree is authorized to terminate the agreement with a business customer. Weltevree will not owe any compensation to the customer in this case.
7.3. If a business customer wishes to cancel the agreement, they must do so in writing.
7.4. If the customer is an entrepreneur and wishes to cancel the agreement, Weltevree is entitled to charge 10% of the agreed price.
7.5. When a business customer indicates a wish to reschedule the order, the costs associated with this rescheduling will be charged to the customer.
Article 8 - Workshops
8.1. Weltevree reserves the right to make changes to the dates and location of a workshop. In the event that the location or dates are changed by Weltevree, the customer has the right to cancel or register for a workshop at a later date at no cost.
8.2. If a workshop cannot take place offline due to circumstances beyond Weltevree's control, it is entitled to conduct the workshop online. This does not entitle you to a refund, unless otherwise agreed upon.
8.3. If the customer is unexpectedly unable to attend a workshop, the customer is entitled to resell the purchase receipt, as long as the new details are communicated to Weltevree in a timely manner and it is not resold at a higher price than the purchase price.
8.4. The customer is permitted to make visual and sound recordings during the workshop, unless expressly agreed otherwise.
8.5. Weltevree reserves the right to exclude participants whose behavior impedes or complicates the conduct of a workshop from further participation in that workshop or future workshops. Exclusion does not affect the obligation to pay the fees for the relevant workshop.
Article 9 - Force majeure
9.1. Force majeure, beyond what is provided by law, means the prevention of the performance of the agreement due to circumstances that the parties cannot reasonably influence. Examples of force majeure include illness, accidents, fire, a pandemic, epidemic, or government action. The foregoing list is not exhaustive.
9.2. If the customer is a private individual and there is a case of force majeure or other circumstances that prevent the execution of the agreement from proceeding, the obligations will be suspended for as long as the parties cannot fulfill these obligations. In this case, the parties will seek an appropriate solution. Both parties have the right to rescind, without any obligation of undoing, if a suitable solution is not found. Costs incurred and hours worked up to that point become immediately due and payable.
9.3. If the customer is an entrepreneur and there is a case of force majeure or other circumstances that prevent the execution of the agreement from being completed (further), the execution of the agreement will be rescheduled. The payment obligation then continues, unless otherwise agreed upon.
9.4. If the customer wishes to reschedule the work due to a pandemic or epidemic, despite government measures not preventing its passage (whether modified or not), Weltevree has the right to pass on the related costs.
Article 10 - Right of withdrawal
10.1. If the customer is a private individual and purchases a product remotely, the customer has a 14 calendar-day cooling-off period to dissolve the agreement without giving any reason.
10.2. The cooling-off period of 14 calendar days commences on the day after the customer has received the product or a final partial shipment, or when a third party designated by the customer, such as a pre-designated delivery point, has taken delivery of the product for the customer.
10.3. If the customer uses the right of withdrawal, Weltevree has the right to ask what the reason for dissolution was. However, the customer is under no obligation to disclose this reason to Weltevree.
10.4. When the parties have concluded a business agreement, the right of withdrawal does not apply.
Article 11 - Obligations during cooling-off period
11.1. The customer must handle products and packaging carefully during the cooling-off period. The customer should only unpack and use the product to the extent necessary to assess whether the customer wants to keep the product. The product may therefore only be inspected as allowed in a physical store.
11.2. If a product has been damaged or used, and the customer exercises their right of withdrawal, Weltevree will be entitled to charge for the decrease in value caused by such damage or use.
11.3. When the customer exercises the right of withdrawal and returns the product, Weltevree will send a confirmation of receipt as soon as Weltevree is informed by the customer that the customer wishes to withdraw from the agreement.
11.4. Once Weltevree has received the returned product, and the customer had already paid for the product, Weltevree will refund this amount and the shipping costs for the return shipment, no later than 7 calendar days after revocation. This refund will be made via the payment method the customer used to pay for the product unless otherwise agreed upon.
Article 12 - Execution of revocation
12.1. If the customer wishes to exercise the right of withdrawal, the customer may do so using the model form provided by Weltevree on its website. However, the customer is not obliged to use this form to exercise their right of withdrawal.
12.2. After the customer has expressed his wish to use the right of withdrawal, the customer has 14 calendar days to return the product.
12.3. The customer bears the risk of loss or damage to the product during return shipment. The customer is responsible for proving that the customer has returned the product, for example by means of a shipping receipt from the parcel service.
12.4. The cost of returning the product will be borne by the customer.
Article 13 - Liability
13.1. Weltevree is not liable for damages arising out of the agreement unless such damages were caused by intent or gross negligence or involve product liability.
13.2. Weltevree is not responsible for damages resulting from work performed on the basis of inaccurate or incomplete information provided by the customer or on behalf of the customer.
13.3. Weltevree is not liable for acts and actions of third parties, suppliers and carriers.
13.4. If after the delivery of the product the customer does not handle the product with care or uses it improperly, Weltevree is not responsible for defects arising from this. This also applies if defects occur due to the customer or a third party making changes to the product. Weltevree is also not liable for any consequential damages arising from such defects.
13.5. The customer is solely responsible for applying and following advice, for example, advice regarding the maintenance of garden furniture.
13.6. If Weltevree owes compensation for direct damage, the compensation will not exceed the possible amount paid out by a liability insurance policy taken out by Weltevree. If the insurer does not pay out, compensation is limited to twice the price agreed upon in the contract, unless reasonableness and fairness require otherwise.
13.7. The customer indemnifies Weltevree against any third-party claims arising from work performed or to be performed by Weltevree.
Article 14 - Product Liability
14.1. Notwithstanding Article 13, the following provisions regarding product liability in consumer sales will apply as provided by law. Weltevree is liable for damages caused by a defect in its product, but this liability is limited to the following cases: bodily injury, damage resulting from death, and damage to another object intended for and used in the private sphere and caused by the defective product, if the damage exceeds 500 euros.
14.2 A product is deemed to be defective if it does not meet the safety requirements that can be expected of the product. For safety assessment, at least the presentation, reasonably foreseeable use, and time of entry into circulation are considered. If a better product has been introduced to the market, a Weltevree product cannot be judged as defective simply for that reason.
14.3. If a private customer suffers damage, as defined in paragraph 1, they must prove the damage, the defect, and the causal link between the defect and the damage.
14.4. Weltevree is not liable in any case if one or more of the following legal exceptions apply to the situation:
- Weltevree has not put the product on the market;
- It is unlikely that the defect in the product that caused the damage was present at the time Weltevree put the product on the market. This also applies when it is plausible that the defect arose later on. This assessment should take into account the circumstances.
- Weltevree did not produce the product for sale or any other economic purpose, nor was the product put into circulation commercially.
- The defect in the product was caused due to it being made according to mandatory government regulations.
- It was not possible to establish the existence of the defect on the basis of the scientific and technical knowledge available at the time the product was put into circulation.
14.5. If damage results from both the defect of the product and the private customer's own fault, Weltevree's liability will be mitigated or removed. This does not apply, however, when the damage is due to both the defect, and an act of a third party.
14.6. Notwithstanding Article 22.4, the possibility of filing the claim for compensation under this Article will lapse after three years. This period begins on the day following the day on which the private customer is or should have been aware of the damage, the defect, and the identity of Weltevree. The right to compensation expires after ten years. This period begins on the day following the day on which Weltevree put the damaging product into circulation.
14.7. This article applies only to damages as defined in paragraph 1, and thus covers certain forms of consequential damages. If a private customer has purchased the product from a Weltevree dealer, and the product only fails to meet the features a customer may assume, the customer should contact the dealer for compensation.
14.8. The dealer, and therefore business customer of Weltevree and seller for the private customer, may in certain cases be held liable by the private customer for the damages described in paragraph 1. This is the case when they knew or should have known about the defect of the product, indicated to the private customer that the defect is not present or the damage is less than 500 euros.
Article 15 - Intellectual property
15.1. All photos, descriptions, and advice posted by Weltevree are subject to intellectual property rights, which remain with Weltevree. The customer is not permitted to reproduce, publish, sell, disclose or provide photos, descriptions, or opinions to third parties outside the granted license unless otherwise agreed upon.
15.2. Customer is permitted to take photographs of the products they have purchased. They may post them on social media but are required to include Weltevree's name in that case.
15.3 If the customer acts in violation of the provisions of this article, it will be considered an infringement of Weltevree's intellectual property rights. A violation results in an immediately payable fee. This amounts to three times the usual license fee, without Weltevree losing any right to compensation for other damages suffered.
15.4 The right of ownership of a delivered product will not rest with the customer until the customer has paid Weltevree the full agreed price.
Article 16 - Delivery
16.1. Before shipping a product, Weltevree assumes the information provided by the customer. If the customer has provided an incorrect delivery address, Weltevree is not responsible for any damage to or loss of the product ordered.
16.2. Weltevree ships products to delivery addresses worldwide, unless otherwise agreed upon.
16.3. Depending on the product ordered, delivery will be made by Weltevree itself or through a postal or parcel service. After shipment, the customer will receive a "track and trace" code from the transportation service to track the package and delivery date.
16.4. Delivery to business customers is at the customer's risk.
16.5. Products will be shipped within 3 business days from the day of the order unless a different delivery time is agreed upon, the order contains a pre-order, a product is out of stock, or part of the payment is outstanding.
16.6. Weltevree reserves the right to deliver orders in parts.
16.7. If Weltevree cannot deliver a product within the specified time, Weltevree will notify the customer. The customer must then give Weltevree another reasonable period for fulfillment. In the event that Weltevree still cannot deliver to the customer after this period, the customer is entitled to dissolve the agreement.
Article 17 - Special provisions
17.1. The parties are both obliged to maintain the confidentiality of all confidential information obtained under the agreement. Information is confidential if communicated or apparent from the nature of the information provided.
Article 18 - Promotions and offers
18.1. If there is a promotion or offer, for example by means of a discount code, and the term of this promotion or offer set by Weltevree has expired, the customer cannot take advantage of it retroactively.
18.2. The customer can use an active discount code only once.
18.3. It is not possible to combine different promotions or offers unless otherwise agreed.
Article 19 - Gift vouchers
19.1. Gift vouchers must be paid for prior to issuance.
19.2. The validity period of a gift voucher is two years. After this period, the value of the gift voucher will expire.
19.3. When redeeming a gift voucher, the prices at the time of redemption apply.
19.4. If, when a gift voucher is redeemed, the value of the product is less than the value of the gift voucher, the remaining amount will not be given in cash.
19.5. Gift vouchers cannot be returned if ordered by name or physically purchased. An unused gift voucher is not redeemable for cash.
Article 20 - Complaints
20.1. If the customer has a complaint, the customer must communicate it in writing and with motivation within 14 calendar days after the complaint has arisen. Weltevree will respond in writing within 14 calendar days of receiving the complaint.
20.2. Lodging a complaint does not suspend the payment obligation.
20.3. If a product is damaged at the time of receipt, the customer must notify Weltevree immediately so it can repair the defect.
20.4. If the customer has a complaint, the customer can submit it through the European Union's ODR platform. However, the customer is under no obligation to do so, and the customer may also contact Weltevree directly to voice their complaint.
Article 21 - Warranty
21.1. Weltevree warrants that products ordered by the customer comply with the agreement and reasonable quality requirements for normal use.
21.2 The the manufacturer's warranty period is one year. This warranty does not prevent the customer, if he/she is a private individual, from exercising their right to a statutory warranty.
21.3. If defects occur during Weltevree's one-year warranty period, they will be repaired only if there is no intent or gross negligence. If defects occur after this one-year period, they will be repaired only if the defects arose due to the product being defective and thus not meeting the requirements for normal use.
21.4 Several (raw) materials used by Weltevree for the products are natural materials with inherent particular properties. Materials may discolor or break. This is not covered by the warranty if it is a distinctive characteristic of a particular raw material.
21.5. The customer may make warranty claims in writing. The customer must attach a copy of the proof of purchase and the products to be returned must always be complete. If the parties agree, a photo of the defective product will suffice.
Article 22 - Dispute resolution
22.1. These general terms and conditions are governed by Dutch law.
22.2 If a dispute arises between the parties, they will first attempt to resolve the dispute by mutual agreement. Parties will only appeal to the courts when this fails.
22.3. Disputes between the parties will be submitted to the competent court in the district in which Weltevree is located unless otherwise required by law.
22.4. Notwithstanding the statutory limitation periods, the limitation period of all claims and defenses against Weltevree and third parties involved is 12 months.