Terms and Conditions
Terms & Conditions
Shipping & Payments
Shipping
The shipping time varies by country. We ship with the DPD parcel service or the DHL for pallet shipments. We have listed the expected shipping times per country for you. Specify times in working days
-
- Austria: 3-4 days
- Belgium: 2-3 days
- France: 3-4 days
- Germany: 2-3 days
- Italy: 3-4 days
- Luxembourg: 2-3 days
- Netherlands: 1-2 days
- Poland: 3-4 days
- Portugal: 4-5 days
- Spain: 4-5 days
Payments
You can use the following payment methods on our website
-
- iDEAL
- Bank Transfer
- Creditcard
- PayPal
Webshop Terms and Conditions
Introduction
Below you will find our General Terms and Conditions. These always apply if you use or place an order via our Website. The Terms and Conditions contain important information for you as a buyer. Therefore, read these carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Artikel 1. definitions
1.1. Wakebag B.V.: established in Waalre and registered with the Chamber of Commerce under registration number 78320046 trading under the name Wakebag B.V.
1.2. Website: the website of Wakebag B.V., which can be consulted via www.wakebag.eu and all associated subdomains.
1.3. Customer: the customer who, whether or not acting in the exercise of a profession or business,enters into anO-association with Wakebag B.V. and/or has registered on the Website.
1.4. Agreement: any agreement or agreement between Wakebag B.V. and the Customer, of which the General Terms and Conditions are an integral part.
1.5. General Conditionn: these General Terms and Conditions.
Artikel 2. Applicability General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, Agreements and deliveries of Wakebag B.V., unless explicitly agreed otherwise in writing.
2.2. Indien Customer includes in its order, confirmation or communication containing acceptance terms or conditions that deviate from, or do not appear in the General Terms and Conditions, these are binding on Wakebag B.V. only if and insofar as these have been expressly accepted by Wakebag B.V. in writing.
2.3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, these terms and conditions also apply, but in the event of conflict of law, the Customer canalways invoke the applicable provision that is most favorable to him.
Artikel 3. Prices and information
3.1. All prices stated on the Website and in other materials originating from Wakebag B.V. include VAT and, unless otherwise stated on the Website, other levies imposed by the government.
3.2. If shipping costs are charged, this will be stated clearly, in time for the conclusion of the Agreement. In addition, these costs will be displayed separately in the ordering process.
3.3. The content of the Website has been compiled with the utmost care. However, Wakebag B.V. cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and materials originating in otherwakebag B.V. are therefore subject to obvious programming and typing errors.
3.4. Wakebag B.V. cannot be held responsible for (color) deviations due to display quality.
Artikel 4. Conclusion of the Agreement
4.1. TheAgreement is concluded at the time of acceptance by the Customer of the offer of Wakebag B.V. and the fulfilment of the conditions set by Wakebag B.V.
4.2. If the Customer has accepted the offer by electronic means, Wakebag B.V. immediately confirms by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the Customer has the possibility to dissolve the Agreement.
4.3. If it turns out that incorrect information has been provided by the Customer when accepting orotherwise entering into the Agreement, Wakebag B.V. has the right to comply with its obligation only after the correct data has been received.
4.4. Wakebag B.V. can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If Wakebag B.V. has good grounds on the basis of this investigationnot to enter into theAgreement, he is entitled to refuse an order or request motivated or to attach special conditions, such as prepayment, to the execution.
Artikel 5. Registration
5.1. In order to make optimal use of the Website, the Customer can registervia the registration form / the account registration option on the Website.
5.2. During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The customer is responsible forproviding a sufficiently reliable password.
5.3. The customer must keep his login details, his username and password strictly secret. Wakebag B.V. is not liable for misuse of the login details and may always assume that a Customer whologs on to the Website is actually that Customer. Everything that happens through the Customer’s account is the responsibility and risk of the Customer.
5.4. If the Customer knows or suspects that his login details have come into the hands of unauthorizedpersons, he must change his password as soon as possible and/or inform Wakebag B.V. thereof, so that Wakebag B.V. can take appropriate measures.
Artikel 6. Implementation of the Agreement
6.1. As soon as the order has been received by Wakebag B.V., Wakebag B.V. willsend the products as soon as possible, taking into account the provisions of paragraph 3 of this Article.
6.2. Wakebag B.V. is entitled to engage third parties in the performance of the obligations arising from the Agreement.
6.3. On the Website it is clearly,icy before the conclusion of the Agreement, described how delivery will take place and within which period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
6.4. If Wakebag B.V. cannot deliver the products within the agreed period, it will inform the Customer thereof. In that case, the Customer may agree to a new delivery date or he will be given the opportunity to terminate the Agreement without any reason.
6.5. Wakebag B.V. advises the Customer to inspect the delivered products and to report the defects found within a reasonable time, preferably in writing. See the Article on warranty and conformity.
6.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, in the case of these products, passes to the Customer. If explicitly agreed otherwise, the risk will be transferred to the Customer earlier. If the Customer decides to collect the products, the risk passes when the products are transferred.
6.7. Wakebag B.V. is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The Customer is then entitledto dissolve the Agreement and return the product free of charge.
Artikel 7. Right of withdrawal
7.1. This article applies only to the Customer being a natural person who does not act in the exercise of his profession or business.
7.2. The Customer has the right to dissolve the distancedAgreement with Wakebag B.V. free of charge within 14 days after receipt of the product, without giving any reason.
7.3. The period starts on the day after the Customer, or a third party designated in advance by him, who is not the carrier, has received the product, or:
· if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, received the last product;
· if the delivery of a product consists of several shipments orparts: the day on which the Customer, or a third party designated by him, received the last shipment or the last part;
· in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated byhim, received the first product.
7.4. The customer must bear the return costs himself, if these costs are higher than the regular postal rate, Wakebag B.V. gives an estimate of these costs. The shipping costs incurred by the Customer at the purchaseof the product are not included in the costs for returning the product and remain at the customer’s own expense.
7.5. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and the packaging with care. Customer will only open the packaging and use the product only to the extent necessary to verify the nature, characteristics and operation of products. The starting point here is that this inspection should not go beyond what the Customer could do in a physical store.
7.6. Customer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in the previous paragraph.
7.7. The Customer may dissolve the Agreement in accordance with the terms set out in paragraph 1 of this Articleby sending the model withdrawal form (digitally) to Wakebag B.V., or otherwise unambiguously informing Wakebag B.V. that he is waking up to the purchase. Wakebag B.V. confirms the withdrawal ofthat report in the event of a digitalnotification. After dissolution, the Customer has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period set out in paragraph 1 of this Article, provided that the model withdrawal form or anyunambiguous declaration of withdrawal isincluded.
Products can be returned to:
7.8. Wakebag B.V.
Van Elderenlaan 3
5581 WJ, Waalre
7.9. Amounts already paid by the Customer (in advance) will be refunded to the Customer as soon as possible, but no later than 14 days after termination of the Agreement in the same way that the Customer has paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Wakebag B.V. does not have to refund the additional costs for the more expensive method. Unless Wakebag B.V. offers to collect the product itself, Wakebag B.V. may wait to refund until Wakebag B.V. has received the product or until the Customer demonstrates that hehas returned the product, whichever is earlier.
7.10. On the Website, information about whether or not the right of withdrawal applies and any desired procedure will be provided clearly, in time for the conclusion of the Agreement.
Artikel 8. payment
8.1. The customer must pay payments to Wakebag B.V. according to the payment methods indicated in the ordering procedure and possibly on the Website. Wakebag B.V. is free in the choice of offering payment methods and these can also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery. 8.2. If the Customer does not fulfil his payment obligation(s) in a timely manner, after he has been informed by Wakebag B.V. of the late payment and Wakebag B.V. has granted the Customer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, he has paid the statutory interest on the amount still owedandWakebag B.V. is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the next € 5,000 with a minimum of € 40,-. Wakebag B.V. may deviate from the aforementioned amounts and percentages for the benefit of the Customer.
Artikel 9. Warranty and conformity
9.1. This article only applies if there is a Customer who does not act in the exerciseof his profession or business. If Wakebag B.V. provides a separate warranty on the products, this applies to all types of Customers, without prejudice to the just stated.
9.2. Wakebag B.V. guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed,Wakebag B.V. also guarantees that the product is suitable for other than normal use.
9.3. If the delivered product does not comply with the Agreement, the Customer must inform Wakebag B.V. within a reasonable period of time after he has discovered the defect.
9.4. If Wakebag B.V. deems the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation, subject to the Article on liability, is equal to the price paid by the Customer for the product.
Artikel 10. Guarantee for business purchases
10.1. Wakebag B.V. guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usabilityand the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Wakebag B.V. also guarantees that the product is suitable for other than normal use. Theproduct is suitable for normal use.
10.2. If the delivered product does not comply with the Agreement upon delivery, the Customer must notify Wakebag B.V. within a reasonable period of time after he has discovered the defect.
10.3. If Wakebag B.V. deems the complaint to be well-founded, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.
Artikel 11. Complaints procedure
11.1. If the Customer has a complaint about a product (in accordance with article regarding warranty andco nformity) and/or about other aspects of the services of Wakebag B.V., he can submit a complaint to Wakebag B.V. by telephone, e-mail or by post. See the contact details at the bottom of the General Terms and Conditions.
11.2. Wakebag B.V. gives the customers soon as possible, but in any case within 10 days after receipt of the complaint, a response to his complaint. If it is not yet possible to give a substantive or final response, Wakebag B.V. will confirm the complaint within 10 days of receipt of the complaint and give an indication of the period within which it expects to give a substantive or final response to the customer’s complaint.
11.3. Customer who does not act in the exercise of his profession or business can also file a complaint via the European Dispute Resolution Platform, which can be reached via http://ec.europa.eu/odr/.
Artikel 12. liability
12.1. This Article only applies if the Customer is a natural or legal person acting in the exercise of his profession or business.
12.2. The total liability of Wakebag B.V. towards the Customer for attributable shortcoming in the performance of the Agreement is limited to compensation of up to the amount of the price donated for that Agreement(including VAT).
12.3. Liability of Wakebag B.V. towards the Customer for indirect damage, including in any case – but explicitly not exclusively – consequential damage, lost profit, missed savings, loss of data and damageor business stagnation, is excluded.
12.4. Apart from the cases mentioned in the previous two paragraphs of this Article, Wakebag B.V. does not have any liability towards the Customer for damages, regardless of the ground on which an action for damages would bebased. However, the limitations mentioned in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of Wakebag B.V.
12.5. The liability of Wakebag B.V. towards the Customer for attributable shortcoming in then akoming of an Agreement arises only if the Customer immediately and properly gives Wakebag B.V. a written notice of default, setting a reasonable period for remedying the shortcoming, and Wakebag B.V. continues to fail to fulfil its obligations even after that period. The notice of default must contain as detailed a description as possible of the shortcoming, so that Wakebag B.V. is able to respond adequately.
12.6. A condition for the creation of any right to damageis always that the Customer reports the damage to Wakebag B.V. in writing as soon as possible, but no later than 30 days after the occurrence thereof.
12.7. In the event of force majeure, Wakebag B.V. is not obliged to compensate the Customer for any damage caused bythis.
Artikel 13. Retention of Title Business Purchases
13.1. All delivered goods remain the property of Wakebag B.V. until all claims that Wakebag B.V. has against Business Customer (including any related (collection) costs and interest) have been paid in full.
13.2. Business Customer is not authorized to sell, deliver or otherwise dispose of these goods, other than in accordance with his normal business and the normal destination of the goods, before the said transfer ofownership. In addition, the Business Customer is not permitted to pledge these goods or grant any other right to them to third parties as long as the ownership of these goods has not passed to Business Customer.
13.3. Business Customer is obliged to keep the goods thathave been delivered on there retention of title carefully and as recognizable property of Wakebag B.V.
13.4. Wakebag B.V. is entitled to take back the goods that have been delivered under retention of title and are still present with the buyer if Business Clientdoes not take care of timely payment of the invoices or is or threatens to be in payment difficulties.
13.5. Business Customer will at all times grant Wakebag B.V. free access to its goods for inspection and/or to exercisethe rights of Wakebag B.V.
Artikel 14. personal data
14.1. Wakebag B.V. processes the personal data of the Customer in accordance with the privacy statement published on the Website.
Artikel 15. Final provisions
15.1. Dutch law applies to the Agreement.
15.2. Insofar as rules of mandatorylaw do not prescribe otherwise, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Wakebag B.V. is located.
15.3. If a provision inthese General Terms and Conditions proves to be null and void, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) to replace it, therebygiving shape to the meaning of the original provision as far as legally possible.
15.4. In these General Terms and Conditions, “written” also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact:
If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.
Wakebag B.V.
van Elderenlaan 3
5581 WJ, Waalre
Phone: 0031629480404
Email: sales@wakebag.eu
Chamber of Commerce number: 78320046
VAT number: NL861345563B01
Webshop Terms and Conditions
introduction
Below you will find our General Terms and Conditions. These always apply if you use or place an order via our Website. The Terms and Conditions contain important information for you as a buyer. Therefore, read these carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Artikel 1. definitions
1.1. Wakebag B.V.: established in Waalre and registered with the Chamber of Commerce under registration number 78320046 trading under the name Wakebag B.V.
1.2. Website: the website of Wakebag B.V., which can be consulted via www.wakebag.eu and all associated subdomains.
1.3. Customer: the customer who, whether or not acting in the exercise of a profession or business,enters into anO-association with Wakebag B.V. and/or has registered on the Website.
1.4. Agreement: any agreement or agreement between Wakebag B.V. and the Customer, of which the General Terms and Conditions are an integral part.
1.5. General Conditionn: these General Terms and Conditions.
Artikel 2. Applicability General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, Agreements and deliveries of Wakebag B.V., unless explicitly agreed otherwise in writing.
2.2. Indien Customer includes in its order, confirmation or communication containing acceptance terms or conditions that deviate from, or do not appear in the General Terms and Conditions, these are binding on Wakebag B.V. only if and insofar as these have been expressly accepted by Wakebag B.V. in writing.
2.3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, these terms and conditions also apply, but in the event of conflict of law, the Customer canalways invoke the applicable provision that is most favorable to him.
Artikel 3. Prices and information
3.1. All prices stated on the Website and in other materials originating from Wakebag B.V. include VAT and, unless otherwise stated on the Website, other levies imposed by the government.
3.2. If shipping costs are charged, this will be stated clearly, in time for the conclusion of the Agreement. In addition, these costs will be displayed separately in the ordering process.
3.3. The content of the Website has been compiled with the utmost care. However, Wakebag B.V. cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and materials originating in otherwakebag B.V. are therefore subject to obvious programming and typing errors.
3.4. Wakebag B.V. cannot be held responsible for (color) deviations due to display quality.
Artikel 4. Conclusion of the Agreement
4.1. TheAgreement is concluded at the time of acceptance by the Customer of the offer of Wakebag B.V. and the fulfilment of the conditions set by Wakebag B.V.
4.2. If the Customer has accepted the offer by electronic means, Wakebag B.V. immediately confirms by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the Customer has the possibility to dissolve the Agreement.
4.3. If it turns out that incorrect information has been provided by the Customer when accepting orotherwise entering into the Agreement, Wakebag B.V. has the right to comply with its obligation only after the correct data has been received.
4.4. Wakebag B.V. can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If Wakebag B.V. has good grounds on the basis of this investigationnot to enter into theAgreement, he is entitled to refuse an order or request motivated or to attach special conditions, such as prepayment, to the execution. Artikel 5. registration
5.1. In order to make optimal use of the Website, the Customer can registervia the registration form / the account registration option on the Website.
5.2. During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The customer is responsible forproviding a sufficiently reliable password.
5.3. The customer must keep his login details, his username and password strictly secret. Wakebag B.V. is not liable for misuse of the login details and may always assume that a Customer whologs on to the Website is actually that Customer. Everything that happens through the Customer’s account is the responsibility and risk of the Customer.
5.4. If the Customer knows or suspects that his login details have come into the hands of unauthorizedpersons, he must change his password as soon as possible and/or inform Wakebag B.V. thereof, so that Wakebag B.V. can take appropriate measures.
Artikel 6. Implementation of the Agreement
6.1. As soon as the order has been received by Wakebag B.V., Wakebag B.V. willsend the products as soon as possible, taking into account the provisions of paragraph 3 of this Article.
6.2. Wakebag B.V. is entitled to engage third parties in the performance of the obligations arising from the Agreement.
6.3. On the Website it is clearly,icy before the conclusion of the Agreement, described how delivery will take place and within which period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
6.4. If Wakebag B.V. cannot deliver the products within the agreed period, it will inform the Customer thereof. In that case, the Customer may agree to a new delivery date or he will be given the opportunity to terminate the Agreement without any reason.
6.5. Wakebag B.V. advises the Customer to inspect the delivered products and to report the defects found within a reasonable time, preferably in writing. See the Article on warranty and conformity.
6.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, in the case of these products, passes to the Customer. If explicitly agreed otherwise, the risk will be transferred to the Customer earlier. If the Customer decides to collect the products, the risk passes when the products are transferred.
6.7. Wakebag B.V. is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The Customer is then entitledto dissolve the Agreement and return the product free of charge.
Artikel 7. Right of withdrawal
7.1. This article applies only to the Customer being a natural person who does not act in the exercise of his profession or business.
7.2. The Customer has the right to dissolve the distancedAgreement with Wakebag B.V. free of charge within 14 days after receipt of the product, without giving any reason.
7.3. The period starts on the day after the Customer, or a third party designated in advance by him, who is not the carrier, has received the product, or:
· if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, received the last product;
· if the delivery of a product consists of several shipments orparts: the day on which the Customer, or a third party designated by him, received the last shipment or the last part;
· in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated byhim, received the first product.
7.4. The customer must bear the return costs himself, if these costs are higher than the regular postal rate, Wakebag B.V. gives an estimate of these costs. The shipping costs incurred by the Customer at the purchaseof the product are not included in the costs for returning the product and remain at the customer’s own expense.
7.5. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and the packaging with care. Customer will only open the packaging and use the product only to the extent necessary to verify the nature, characteristics and operation of products. The starting point here is that this inspection should not go beyond what the Customer could do in a physical store.
7.6. Customer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in the previous paragraph.
7.7. The Customer may dissolve the Agreement in accordance with the terms set out in paragraph 1 of this Articleby sending the model withdrawal form (digitally) to Wakebag B.V., or otherwise unambiguously informing Wakebag B.V. that he is waking up to the purchase. Wakebag B.V. confirms the withdrawal ofthat report in the event of a digitalnotification. After dissolution, the Customer has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period set out in paragraph 1 of this Article, provided that the model withdrawal form or anyunambiguous declaration of withdrawal isincluded.
Products can be returned to:
7.8. Wakebag B.V.
Van Elderenlaan 3
5581 WJ, Waalre
7.9. Amounts already paid by the Customer (in advance) will be refunded to the Customer as soon as possible, but no later than 14 days after termination of the Agreement in the same way that the Customer has paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Wakebag B.V. does not have to refund the additional costs for the more expensive method. Unless Wakebag B.V. offers to collect the product itself, Wakebag B.V. may wait to refund until Wakebag B.V. has received the product or until the Customer demonstrates that hehas returned the product, whichever is earlier.
7.10. On the Website, information about whether or not the right of withdrawal applies and any desired procedure will be provided clearly, in time for the conclusion of the Agreement.
Artikel 8. payment
8.1. The customer must pay payments to Wakebag B.V. according to the payment methods indicated in the ordering procedure and possibly on the Website. Wakebag B.V. is free in the choice of offering payment methods and these can also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery. 8.2. If the Customer does not fulfil his payment obligation(s) in a timely manner, after he has been informed by Wakebag B.V. of the late payment and Wakebag B.V. has granted the Customer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, he has paid the statutory interest on the amount still owedandWakebag B.V. is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the next € 5,000 with a minimum of € 40,-. Wakebag B.V. may deviate from the aforementioned amounts and percentages for the benefit of the Customer.
Artikel 9. Warranty and conformity
9.1. This article only applies if there is a Customer who does not act in the exerciseof his profession or business. If Wakebag B.V. provides a separate warranty on the products, this applies to all types of Customers, without prejudice to the just stated.
9.2. Wakebag B.V. guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed,Wakebag B.V. also guarantees that the product is suitable for other than normal use.
9.3. If the delivered product does not comply with the Agreement, the Customer must inform Wakebag B.V. within a reasonable period of time after he has discovered the defect.
9.4. If Wakebag B.V. deems the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation, subject to the Article on liability, is equal to the price paid by the Customer for the product.
Artikel 10. Guarantee for business purchases
10.1. Wakebag B.V. guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usabilityand the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Wakebag B.V. also guarantees that the product is suitable for other than normal use. Theproduct is suitable for normal use.
10.2. If the delivered product does not comply with the Agreement upon delivery, the Customer must notify Wakebag B.V. within a reasonable period of time after he has discovered the defect.
10.3. If Wakebag B.V. deems the complaint to be well-founded, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.
Artikel 11. Complaints procedure
11.1. If the Customer has a complaint about a product (in accordance with article regarding warranty andco nformity) and/or about other aspects of the services of Wakebag B.V., he can submit a complaint to Wakebag B.V. by telephone, e-mail or by post. See the contact details at the bottom of the General Terms and Conditions.
11.2. Wakebag B.V. gives the customers soon as possible, but in any case within 10 days after receipt of the complaint, a response to his complaint. If it is not yet possible to give a substantive or final response, Wakebag B.V. will confirm the complaint within 10 days of receipt of the complaint and give an indication of the period within which it expects to give a substantive or final response to the customer’s complaint.
11.3. Customer who does not act in the exercise of his profession or business can also file a complaint via the European Dispute Resolution Platform, which can be reached via http://ec.europa.eu/odr/.
Artikel 12. liability
12.1. This Article only applies if the Customer is a natural or legal person acting in the exercise of his profession or business.
12.2. The total liability of Wakebag B.V. towards the Customer for attributable shortcoming in the performance of the Agreement is limited to compensation of up to the amount of the price donated for that Agreement(including VAT).
12.3. Liability of Wakebag B.V. towards the Customer for indirect damage, including in any case – but explicitly not exclusively – consequential damage, lost profit, missed savings, loss of data and damageor business stagnation, is excluded.
12.4. Apart from the cases mentioned in the previous two paragraphs of this Article, Wakebag B.V. does not have any liability towards the Customer for damages, regardless of the ground on which an action for damages would bebased. However, the limitations mentioned in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of Wakebag B.V.
12.5. The liability of Wakebag B.V. towards the Customer for attributable shortcoming in then akoming of an Agreement arises only if the Customer immediately and properly gives Wakebag B.V. a written notice of default, setting a reasonable period for remedying the shortcoming, and Wakebag B.V. continues to fail to fulfil its obligations even after that period. The notice of default must contain as detailed a description as possible of the shortcoming, so that Wakebag B.V. is able to respond adequately.
12.6. A condition for the creation of any right to damageis always that the Customer reports the damage to Wakebag B.V. in writing as soon as possible, but no later than 30 days after the occurrence thereof.
12.7. In the event of force majeure, Wakebag B.V. is not obliged to compensate the Customer for any damage caused bythis.
Artikel 13. Retention of Title Business Purchases
13.1. All delivered goods remain the property of Wakebag B.V. until all claims that Wakebag B.V. has against Business Customer (including any related (collection) costs and interest) have been paid in full.
13.2. Business Customer is not authorized to sell, deliver or otherwise dispose of these goods, other than in accordance with his normal business and the normal destination of the goods, before the said transfer ofownership. In addition, the Business Customer is not permitted to pledge these goods or grant any other right to them to third parties as long as the ownership of these goods has not passed to Business Customer.
13.3. Business Customer is obliged to keep the goods thathave been delivered on there retention of title carefully and as recognizable property of Wakebag B.V.
13.4. Wakebag B.V. is entitled to take back the goods that have been delivered under retention of title and are still present with the buyer if Business Clientdoes not take care of timely payment of the invoices or is or threatens to be in payment difficulties.
13.5. Business Customer will at all times grant Wakebag B.V. free access to its goods for inspection and/or to exercisethe rights of Wakebag B.V.
Artikel 14. personal data
14.1. Wakebag B.V. processes the personal data of the Customer in accordance with the privacy statement published on the Website.
Artikel 15. Final provisions
15.1. Dutch law applies to the Agreement.
15.2. Insofar as rules of mandatorylaw do not prescribe otherwise, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Wakebag B.V. is located.
15.3. If a provision inthese General Terms and Conditions proves to be null and void, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) to replace it, therebygiving shape to the meaning of the original provision as far as legally possible.
15.4. In these General Terms and Conditions, “written” also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact:
If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.
Wakebag B.V.
van Elderenlaan 3
5581 WJ, Waalre
Phone: 0031629480404
Email: sales@wakebag.eu
Chamber of Commerce number: 78320046
VAT number: NL861345563B01