Terms of service

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
   
2. Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession;
   
3. Day: calendar day;
   
4. Durable medium: any tool—including email—that enables the consumer or business to store information addressed to them personally in a way that allows for future reference or use over a period appropriate to the purpose for which the information is intended, and that permits unaltered reproduction of the stored information;
   
5. Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
   
6. Business: Woel, located at Vughterstraat 301, 5211 GE ‘s-Hertogenbosch and registered with the Chamber of Commerce under number 81936656, also available at: www.Woel.store;
   
7. Distance contract: a contract concluded between the business and the consumer within the framework of an organized system for the distance sale of products, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication;
8. Means of distance communication: a method that can be used to conclude a contract without the consumer and the business having to be physically present in the same location at the same time;

Article 2 – Identity of the Business

Name: Woel
(Mailing) Address: Vughterstraat 301, 5211 GE ‘s-Hertogenbosch
Email address: info@woel.store
Chamber of Commerce No. 91035961

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the merchant and to every distance contract concluded between the merchant and the consumer.
   
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible upon the consumer’s request.
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.
   
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 – The Offer

1. If an offer is valid for a limited period or is subject to conditions, this will be explicitly stated in the offer.
   
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the merchant uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on the merchant.
   
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
   
2. If the consumer has accepted the offer electronically, the business operator shall immediately confirm receipt of the acceptance of the offer electronically. As long as the business operator has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
   
3. If the agreement is concluded electronically, the business operator shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the business operator shall observe appropriate security measures for this purpose.
4. Within the legal framework, the merchant may ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this assessment, the merchant has valid grounds not to enter into the contract, they are entitled to refuse an order or request, stating their reasons, or to attach special conditions to its performance.
5. The merchant shall provide the following information to the consumer, in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium, no later than upon delivery of the product:
   1. The merchant’s email address where the consumer can submit complaints;
   2. The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   3. Information regarding warranties and existing after-sales service;
   4. The price of the product, including all taxes; where applicable, the delivery costs; and the method of payment and delivery under the distance contract;
   5. The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
6. In the case of a continuing performance contract, the provision in the preceding paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

1. The consumer may withdraw from a contract regarding the purchase of a product within a 14-day cooling-off period without giving any reason. The merchant may ask the consumer for the reason for withdrawal, but may not require the consumer to provide a reason or reasons.
   
2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product.

Article 7 – Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature and characteristics of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be permitted to do in a store. In the case of Woel Candles, these may not be lit.
   
2. The consumer is only liable for any depreciation in the product’s value resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Related Costs

1. If the consumer exercises their right of withdrawal, they must notify the business of this via email within the cooling-off period.
   
2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the merchant. This is not required if the merchant has offered to pick up the product themselves. The consumer is deemed to have complied with the return period in any case if they return the product before the cooling-off period has expired.
   
3. The consumer shall return the product with all accessories supplied, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the merchant.
   
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
   
5. The consumer bears the direct costs of returning the product.
   
6. If the consumer exercises their right of withdrawal, all ancillary agreements are automatically terminated.

Article 9 – Obligations of the merchant in the event of withdrawal

1. If the merchant allows the consumer to submit a notice of withdrawal electronically, the merchant shall send a confirmation of receipt without delay upon receipt of such notice.
   
2. The merchant shall refund all payments made by the consumer, including any delivery costs charged by the merchant for the returned product, without delay but no later than 14 days following the day on which the consumer notifies the merchant of the withdrawal. The merchant shall wait to issue the refund until the product has been received.
   
3. The merchant will use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
   
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the merchant is not required to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The merchant may exclude the following products and services from the right of withdrawal, but only if the merchant has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract:

1. Products whose price is subject to fluctuations in the financial market over which the merchant has no influence and which may occur within the withdrawal period
   
2. Contracts concluded during a public auction. A public auction is defined as a sales method in which products are offered by the merchant to a consumer who is physically present or has the opportunity to be physically present at the auction, under the direction of an auctioneer, and in which the successful bidder is obligated to purchase the products;
   
3. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;

Article 11 – Price

1. During the validity period specified in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates.
   
2. Notwithstanding the previous paragraph, the merchant may offer products whose prices are subject to fluctuations in the financial market and over which the merchant has no influence at variable prices. This susceptibility to fluctuations and the fact that any prices listed are indicative prices will be stated in the offer.
   
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
   
4. Price increases 3 months or more after the conclusion of the agreement are only permitted if the merchant has stipulated this and:
   1. They result from statutory regulations or provisions; or
      
   2. The consumer has the right to terminate the agreement effective as of the day the price increase takes effect.
5. The prices listed in the product offer include VAT and shipping costs to an address in the Netherlands.

Artikel 12 – Nakoming overeenkomst en extra garantie

1. De ondernemer staat ervoor in dat de producten voldoen aan de overeenkomst, de in het aanbod vermelde specificaties, aan de redelijke eisen van deugdelijkheid en/of bruikbaarheid en de op de datum van de totstandkoming van de overeenkomst bestaande wettelijke bepalingen en/of overheidsvoorschriften.

Article 13 – Delivery and Performance

1. The merchant will exercise the utmost care when receiving and fulfilling orders for products.
   
2. The place of delivery is the address that the consumer has provided to the merchant.
   
3. Subject to the provisions of Article 4 of these Terms and Conditions, the merchant will fulfill accepted orders with due diligence but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost.
   
4. Upon termination in accordance with the preceding paragraph, the business shall immediately refund the amount paid by the consumer.
   
5. The risk of damage and/or loss of products remains with the business until the moment of delivery to the consumer or to a representative designated in advance and notified to the business, unless expressly agreed otherwise.

Article 14 – Long-term contracts: duration, termination, and renewal

Termination:

1. The consumer may terminate a contract entered into for an indefinite period that provides for the regular delivery of products at any time, subject to the agreed-upon termination rules and a notice period of no more than one month.
   
2. The consumer may terminate a contract entered into for a fixed term and intended for the regular delivery of products at any time prior to the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month. The consumer may, with respect to the contracts referred to in the preceding paragraphs:
   

• • The consumer may terminate the agreements referred to in the preceding paragraphs: At any time, without being limited to termination at a specific time or during a specific period;
    
  • At least by sending an email to the business;
    
  • Always with the same notice period as the business has stipulated for itself.

Renewal:

1. A fixed-term contract for the regular delivery of products may not be tacitly renewed or extended for a fixed term.
   
2. A contract entered into for a fixed term for the regular delivery of products may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month.

Duration:

1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 15 – Payment

1. Payment to the merchant must be made prior to delivery, unless otherwise agreed.
   
2. Processing and shipment of the ordered items will take place after the bank has confirmed payment.
   
3. The following information will be requested: name, address, ZIP code, phone number, email address, payment details, and shipping address if different from the address provided earlier.
   
4. An email will then be automatically sent to the consumer containing a number to confirm the order.
   
5. In accordance with the Personal Data Protection Act, no information will be disclosed to third parties; exceptions to this are parties involved in fulfilling the order.
   
6. The consumer is obligated to immediately report any inaccuracies in the payment details provided or stated to the merchant.

Article 16 – Complaints Procedure

1. Complaints must be submitted via the business’s email or mailing address.

Article 17 – Disputes

1. Agreements between the merchant and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Disputes between the merchant and the consumer will be settled exclusively by the competent court of the District Court of Oost-Brabant.