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Terms and Conditions

General Terms and Conditions

Article 1 – Definitions

Under these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

Consumer: a natural person who is not acting in the course of a business or professional activity and who concludes a distance contract with the entrepreneur;

Day: calendar day;

Duration contract: a distance contract concerning a series of products and/or services whose delivery and/or purchase obligation extends over a certain period;

Durable medium: any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that is accessible for future reference and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;

Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;

Technique for distance communication: means that can be used to conclude a contract without the simultaneous physical presence of consumers and entrepreneurs.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Email address: wow.concepts@hotmail.be
Trade name: W.O.W.
Company number: 0757740442
VAT number: BE0757740442
Address: Voskenslaan 43, 3600 Genk, Belgium

Article 3 – Applicability

These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer, as well as every order.

Before the distance contract is concluded, the consumer will be provided with the text of these General Terms and Conditions. If this is reasonably not possible, it will be stated before the conclusion of the distance contract that the General Terms and Conditions are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may, in deviation from the previous paragraph, be provided to the consumer electronically in a readable manner and stored on a durable medium. If this is reasonably not possible, it will be indicated before the conclusion of the distance contract where the General Terms and Conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise upon request.

If, in addition to these General Terms and Conditions, specific product or service terms and conditions apply, paragraphs 2 and 3 apply accordingly, and in case of conflicting General Terms and Conditions, the consumer can always rely on the most favorable arrangement.

If one or more provisions of these General Terms and Conditions are or become wholly or partially invalid, the agreement and these General Terms and Conditions will remain in force, and the invalid provision will be promptly replaced by a provision that as closely as possible matches the original provision.

Situations not covered by these General Terms and Conditions will be assessed "in the spirit" of these General Terms and Conditions.

Uncertainties about the interpretation or content of one or more provisions of our General Terms and Conditions will be explained "in the spirit" of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to make an informed assessment. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot lead to compensation or cancellation of the contract.

Product images are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer which rights and obligations are attached to the acceptance of the offer. This includes, in particular:

  • the price, excluding shipping costs and import taxes. These additional costs are for the account and risk of the customer. The postal and/or courier service uses the special arrangement for postal and courier services for imports. This arrangement applies if the goods are imported into the EU destination country, which is the case here. The postal and/or courier service charges VAT (if applicable, along with any customs duties) to the recipient of the goods;
  • any shipping costs;
  • the manner in which the contract is concluded and which actions are required for this;
  • whether the right of withdrawal applies or not;
  • the manner of payment, delivery, and execution of the contract;
  • the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
  • the amount of communication costs for distance communication if the costs for using the technique for distance communication are calculated on a basis other than the standard rate for the communication method used;
  • whether the contract will be archived after conclusion and, if so, how the consumer can access it;
  • how the consumer can check and, if necessary, correct the data provided by them in the context of the contract before concluding the contract;
  • all other languages in which the contract can be concluded in addition to Dutch;
  • the codes of conduct to which the entrepreneur is subject and how the consumer can view these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a long-term transaction. Optionally: available sizes, colors, materials.

Article 5 – The Contract

The contract is concluded subject to the provisions of paragraph 4 at the moment of acceptance of the offer by the consumer and compliance with the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may cancel the contract.

If the contract is concluded electronically, the entrepreneur will take the necessary technical and organizational measures to secure the electronic data transmission and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.

Within legal frameworks, the entrepreneur may seek information on whether the consumer can meet their payment obligations, as well as all facts and circumstances relevant to a responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this investigation to not conclude the contract, they are entitled to refuse an order or request or impose special conditions on the execution.

The entrepreneur will provide the consumer with the following information in writing or in a manner accessible to the consumer on a durable medium:

  • the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
  • the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • information about warranties and existing customer service;
  • the information mentioned in Article 4, paragraph 3 of these terms, unless this information has already been provided to the consumer before the conclusion of the contract;
  • the conditions for terminating the contract, if the contract has a duration of more than one year or is for an indefinite period. For long-term contracts, the provision in the previous paragraph only applies to the first delivery.

Every contract is concluded under the condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to terminate the contract without giving any reason within 14 days. This cooling-off period begins on the day after the consumer receives the product or a representative designated by the consumer and communicated to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – as far as reasonably possible – in its original condition and packaging according to the reasonable and clear instructions of the entrepreneur.

The consumer may exercise their right of withdrawal by using the withdrawal form. The entrepreneur is obliged to confirm receipt of this withdrawal. Regardless of how the withdrawal is communicated, the consumer must return the product to the entrepreneur or to an authorized representative of the entrepreneur without undue delay and in any case not later than 14 days from the day on which they communicated their withdrawal to the entrepreneur. The consumer is timely with the return if they send the goods back before the 14-day period has expired.

The entrepreneur will refund all payments made by the consumer, including any delivery costs incurred by the entrepreneur for the returned products, promptly and in any case not later than 14 days from the day the entrepreneur was notified of the withdrawal. The entrepreneur will refund the consumer using the same payment method used for the original transaction, unless the consumer has expressly agreed otherwise. The consumer will not incur any costs for the refund.

If the consumer opts for a more expensive shipping method than the cheapest standard shipping, the entrepreneur is not obliged to reimburse the additional costs.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the product will be borne by the consumer, unless the entrepreneur has indicated that these costs will be covered or if the entrepreneur fails to provide the required information about the costs of returning the products.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products that:

  • are made according to consumer specifications;
  • are likely to spoil or age quickly;
  • are sealed and cannot be returned for reasons of health protection or hygiene if the seal has been broken after delivery.

The right of withdrawal may also be excluded for:

  • sealed audio or video recordings and computer software if the seal has been broken after delivery;
  • newspapers, periodicals, or magazines, with the exception of subscriptions to these publications.

Article 9 – The Price

During the validity period mentioned 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.

By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control at variable prices. This provision applies only to products whose prices are subject to fluctuations and which are explicitly stated in the offer.

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services meet the contract specifications, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract.

If applicable, the entrepreneur will provide a warranty that the products will be free from defects and will be repaired or replaced within the warranty period.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest care when receiving and executing orders. Delivery will take place at the address provided by the consumer.

The entrepreneur will strive to deliver the products as soon as possible, but no later than 30 days from the day of order, unless otherwise agreed.

If the entrepreneur is unable to deliver within the agreed timeframe, the consumer will be notified promptly. If delivery is delayed by more than 30 days, the consumer may cancel the contract without charge.

Article 12 – Payment

The consumer must pay the total price stated in the offer, including any delivery costs.

The consumer must make payment promptly after placing the order, unless otherwise agreed.

In the event of non-payment or late payment, the entrepreneur may charge interest and/or collection fees.

Article 13 – Complaints and Disputes

Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time.

Disputes arising from the distance contract will be settled by the competent court.

Article 14 – Applicable Law

These General Terms and Conditions and any agreements entered into are governed by the laws of Belgium.