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Terms and Conditions
Article 1 - Definitions.
In these terms and conditions, the following definitions shall apply:
Grace period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of 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, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of goods and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General terms and conditions: the present general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Welsales
Prof. Meijerslaan 60
3741XJ, Baarn
Netherlands
Chamber of Commerce number: 77688899
Corporate tax identification number: On request
Article 3 - Applicability
These general conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the consumer shall be informed that the general terms and conditions can be inspected at the trader's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph, before the distance contract is concluded, the text of these general conditions will be made available to the consumer electronically in such a way that he can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
If, in addition to these general terms and conditions, special product or service conditions also apply, paragraphs 2 and 3 apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always invoke the provision most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the other provisions of the agreement and these general terms and conditions will remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that comes as close as possible to the scope of the original provision.
Situations not provided for in these General Terms and Conditions are to be assessed "in the spirit" of these General Terms and Conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. 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 is sufficiently detailed to enable a proper assessment of the offer by the consumer.
If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
The images of the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors depicted exactly match the actual colors of the products.
Each offer contains information that shows the consumer what rights and obligations are attached to the acceptance of the offer.
In particular, this concerns:
The price, excluding customs clearance charges and import VAT. These additional costs are at the customer's expense and risk.
The postal and/or courier service uses the special arrangement for postal and courier services on importation. This regulation applies if the goods are imported into the EU country of destination, which is the case here.
The postal and/or courier company collects VAT (also related to customs clearance costs) from the recipient of the goods;
the cost of any postage
the manner in which the contract is to be concluded and the measures required for that purpose
whether or not the right of withdrawal is applicable
the method of payment, delivery and performance of the contract
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price
the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
the manner in which the consumer can, prior to the conclusion of the agreement, check the information provided by him in the context of the agreement and, if desired, correct it;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a longer transaction.
Optional: available sizes, colors, types of materials.
Article 5 - The agreement
The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby set.
If the consumer has accepted the offer electronically, the trader 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 can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may - within legal frameworks - inform himself 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 grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.
The entrepreneur provides 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 way on a durable medium, the following information:
The address of the establishment of the entrepreneur where the consumer can go with complaints;
The conditions under which and the way in which the consumer can make use of his right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales services;
the information referred to in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with this information before the conclusion of the agreement
the conditions for termination of the agreement, if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing contract, the provision of the previous paragraph applies only to the first delivery.
Each contract is concluded under the suspensive condition of sufficient availability of the Products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and the entrepreneur.
During the reflection 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 exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he must make this known to the entrepreneur within 14 days of receiving the product. The consumer must do this in the form of a written notification/email. After the consumer has communicated his wish to use his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered product was returned on time, for example by means of a proof of shipment.
If the consumer has not indicated after the expiration of the periods referred to in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer uses his right of withdrawal, the costs of returning the goods will be at his expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. The condition is that the goods have already been received by the entrepreneur or conclusive evidence of complete return can be presented.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products
that have been created by the trader in accordance with the consumer's specifications
that are clearly personal in nature;
which by their nature can not be returned
Which spoil or age quickly
whose price is subject to fluctuations in the financial market that are beyond the Entrepreneur's control;
For individual newspapers and magazines;
For audio and video recordings and computer software of which the consumer has broken the seal.
For hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services
relating to accommodation, transport, hospitality or leisure activities to be provided on a certain date or during a certain period
the delivery of which commenced with the express consent of the consumer before the expiry of the withdrawal period;
concerning betting and lotteries.
Article 9 - The price
During the validity period stated 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.
Contrary to the previous paragraph, the entrepreneur may 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 connection to the fluctuations and the fact that the prices mentioned are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
they result from legal regulations or provisions; or
the consumer has the option of terminating the contract on the day on which the price increase takes effect.
Pursuant to Article 5, paragraph 1, of the VAT Act of 1968, the place of delivery is the country where transportation begins. In this case, the delivery takes place outside the EU. Accordingly, the postal or courier company will claim the VAT on importation and/or customs clearance costs from the customer. Thus, the entrepreneur does not charge VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Compliance and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
Entrepreneur's warranty period is equal to the manufacturer's warranty period. Entrepreneur is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
The defectiveness is entirely or partially due to regulations which the State has established or will establish with regard to the type or quality of the materials used.
Article 13 - Payment
Unless a different date is agreed upon, the amounts due by the consumer shall be paid within 7 working days from the beginning of the reflection period referred to in Article 6, paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in the information provided or the payment indicated to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
Article 14 - Complaints
Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found by the entrepreneur to be justified, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
On agreements between the entrepreneur and the consumer to which these general conditions apply, only Dutch law applies. Even if the consumer lives abroad.

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