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Terms and Conditions (for use and sale) of any website or mobile application
GENERAL TERMS AND CONDITIONS
8870 Izegem, Belgium Company number (CBE number): BE 0671.755.583
E-mail: [email protected]
Phone: +32 (0) 51 79 17 31
(hereinafter " we " or " Wünder BV " or the " Seller ")
Field of application
These General Terms and Conditions of Use apply to any visit to or use of the Platform by an internet user (hereinafter referred to as the " User ").
By way of exception, the provisions of the General Terms and Conditions of Use may be waived by written agreement. Such deviations may consist in the amendment, addition or deletion of the provisions to which they relate and do not affect the application of the other provisions of the General Terms and Conditions of Use.
Accessibility and Navigation
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot provide an absolute guarantee of performance and our actions must therefore be regarded as covered by an obligation of means.
Any use of the Platform is always at the User's own risk. We are therefore not liable for damage that may result from any malfunctions, interruptions, defects or even harmful elements on the Platform.
We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without notice.
Wünder BV largely determines the content of the Platform and takes great care of the information on it. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information about it is provided by third parties. We reserve the right to change, supplement or remove the Platform and its content at any time, without incurring any liability for this.
Wünder BV cannot offer an absolute guarantee with regard to the quality of the information on the Platform. As a result, this information may not always be complete, accurate, sufficiently accurate or current. Consequently, Wünder BV cannot be held liable for any damage, direct or indirect, that the User may suffer as a result of the information provided on the Platform.
If certain content of the Platform violates the law or the rights of third parties or is against good morals, we request that each User inform us as soon as possible by e-mail, so that we can take appropriate measures. to take.
Any download from the Platform is always at the User's own risk. Wünder BV is not liable for damage, direct or indirect, resulting from such downloads, such as loss of data or damage to the User's computer system, which are the User's sole and exclusive responsibility.
Services reserved for registered Users
Access to certain services is limited to Users who have completed registration on the Platform.
Registration and access to the services of the Platform are reserved exclusively for natural persons who are legally capable, after completing and validating the registration form available online on the Platform and after accepting these General Terms and Conditions of Use.
At the time of registration, the User undertakes to provide correct, complete and current information about himself. The User must also regularly check the data relating to him/her to ensure its accuracy.
The User must therefore provide a valid email address,
on which the Platform will send him/her a confirmation of the subscription to our services. An email address cannot be used more than once to register for the Services.
Any communication from the Platform and its partners is therefore deemed to have been received and read by the User. The latter therefore undertakes to regularly consult the messages he receives at this e-mail address and, if necessary, to reply within a reasonable time.
Also only one registration per person is allowed.
The User is assigned an identification code that allows him/her to access a space reserved for him/her (hereinafter referred to as the " Personal Area "), subject to entering his/her password.
The username is final, but the password can be changed by the User online in his or her Personal Area.
The password is personal and confidential. The User undertakes not to communicate it to third parties.
In any case, Wünder BV reserves the right to refuse a request to register with the services of the Platform in the event of non-compliance with these General Terms and Conditions of Use by the User.
The User who is regularly registered may at any time request to unsubscribe by going to the dedicated page in his Personal Area. Any deregistration from the Platform will be effective as soon as possible after the user has completed the appropriate form.
Content published by the User
The User undertakes to comply with all applicable and applicable laws (including, but not limited to, privacy and copyright laws) through each of its publications on the Platform. The User will pay particular attention to the interests of third parties, offensive content and content that may be contrary to public order or morality. The User remains responsible for any content published on the Platform.
The Platform may exercise moderation in any publication and refuse to publish the content online without stating reasons. Likewise, the content published by a User may be changed or removed without any reason or time limit.
By publishing on the Platform, the User grants Wünder BV, free of charge and on a non-exclusive basis, the right to represent,
reproduce, edit, adapt, modify, delete, distribute and distribute, directly or indirectly, in any medium and around the world.
Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between Wünder BV and the external website or even that there is an implicit agreement with the content of these external websites.
Wünder BV has no control over such external third party websites.
We are therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the user clicks on the hyperlink, he/she leaves the Platform. We can therefore not be held liable for further damage.
The structure of the Platform, as well as the content, texts, graphics, images, photos, sounds, videos, databases, computer applications, etc. of which the Platform is composed or which are accessible through the Platform, are the property of Wünder BV or Wünder BV has obtained the necessary rights, and as such are protected by applicable and applicable intellectual property law.
Any representation, reproduction, adaptation or partial or full exploitation of the content, brands and services offered by the Platform, in any way whatsoever, without the prior, express and written consent of Wünder BV, is strictly prohibited, with the exception of elements that are expressly are marked as 'royalty-free' on the Platform.
The User of the Platform is granted a limited right to access, use and display the Platform and its contents. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Unless otherwise agreed in writing in advance, the User is not permitted to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering data on the Platform that would change or may change the content or appearance of the Platform.
Applicable Law and Competent Jurisdiction
These General Terms and Conditions of Use are governed by Belgian law.
In the event of a dispute and in the absence of an amicable solution between the parties, the dispute shall be brought before the courts of the judicial
district where Wünder BV has its registered office.
Wünder BV reserves the right to change, expand, remove, limit or interrupt the Platform and the associated services at any time, without prior notice and without liability.
In the event of a breach of the General Terms and Conditions of Use by the User, Wünder BV reserves the right to take appropriate sanctions and compensatory measures. Wünder BV reserves the right to temporarily or permanently deny the User access to the Platform or our services. These measures may be taken without reason and without notice. They cannot entail Wünder BV's liability, nor can they give rise to any form of compensation.
Field of application
These General Terms and Conditions of Sale define the mutual rights and obligations in the event of the purchase of products or services on the Platform by a User (who, for the purposes of the General Terms and Conditions of Sale, is hereinafter referred to as " Customer ").
The General Terms and Conditions of Sale express all obligations of the parties. The Customer is deemed to accept these without reservation, failing which his order will not be validated.
Exceptions to the provisions of the General Terms and Conditions of Sale can be made in exceptional cases, provided that these exceptions have been agreed in writing. Such deviations may consist in amending, adding or deleting the provisions to which they relate and do not affect the application of the other provisions of the General Terms and Conditions of Sale.
Wünder BV reserves the right to change the General Terms and Conditions of Sale from time to time. The changes will take effect as soon as they are posted online for any purchase after that date.
Via the Platform, the Seller provides the Customer with an online webshop that presents the products or services offered. The presentation of the offered products or services (eg via photos) have no contractual value.
The products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the Seller cannot be held liable for this.
The products and services are offered within the limits of their availability.
The prices and taxes are stated in the online store.
The Seller reserves the right to change its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order apply, subject to availability on that date.
The prices are indicated in euros and do not take into account any delivery costs, which are additionally indicated and invoiced before the validation of the order by the Customer.
The total amount of the order (all taxes
included) and, if applicable, the delivery costs will be indicated before the final validation of the order.
The Customer has the option of completing an order online using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
To validate his order, the Customer must accept these General Terms and Conditions of Sale by clicking on the indicated place.
The Customer must provide a valid email address, billing information and, if applicable, a valid delivery address. Any communication with the Seller can take place via this email address.
In addition, the Customer must select the delivery method and validate the payment method.
The Seller reserves the right to block the Customer's order in the event of non-payment, incorrect address or any other problem on the Customer's part until the problem is resolved.
Confirmation and payment of the order
The Seller remains the owner of the ordered items until
full payment of the order has been received.
The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation is in lieu of a signature.
The Customer guarantees to the Seller that he has the necessary authorizations to use this method of payment and acknowledges that the information provided for this purpose constitutes proof of his agreement to the sale and the payment of the amounts due under the order.
The Seller has established a procedure to check orders and means of payment in order to reasonably guarantee it against any fraudulent use of a means of payment, including by requesting identification data from the Customer.
In case of refusal of authorization to pay by credit card by accredited organizations or in case of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Seller also reserves the right to refuse an order from a Customer who has not fulfilled or only partially fulfilled a previous order or who is subject to a payment dispute.
Upon receipt of the validation of the purchase with payment, the Seller will send the purchase to the Customer, as well as an invoice, unless the latter is provided with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by making a request to this effect to Customer Service before delivery (see contact details below).
In the event of unavailability of a service or product, the Seller will inform the Customer as soon as possible by e-mail in order to replace or cancel the order for this product and possibly refund the relevant price, with the remainder of the the order remains firm and final.
The communication, orders and payments between the Customer and the Seller can be proven by means of automated records, which are kept in the Seller's computer systems under reasonable security conditions.
The orders and invoices are archived on a reliable and durable medium, which is considered in particular as a means of proof.
Delivery will only take place after confirmation of payment by the bank of the Seller.
The products are delivered to the address indicated by the Customer on the online order form. Additional costs resulting from incomplete or incorrect information from the Customer will be charged to the Customer.
Delivery takes place, according to the method chosen by the Customer, within the following periods:
Standard delivery : 6-8 days
The delivery times are indicative. In the event of late delivery, no compensation can be claimed from the Seller or the carrier. However, if the delivery times exceed thirty days from the date of the order, the sales contract may be canceled and the Customer may be reimbursed.
Checking the order
Upon receipt of the products, the Customer or the recipient checks the good condition of the delivered product or the conformity of the service provided.
In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must make the necessary reservations to the carrier
at the time of delivery and immediately notify the Seller.
The verification is deemed to have been carried out as soon as the Customer or a person authorized by him has accepted the order without reservation.
Any reservation not made in accordance with the rules defined above and within the time limits set cannot be taken into account and releases the Seller from any liability towards the Customer.
In the event of a delivery error or non-conformity of the products with the information on the order form, the Customer shall inform the Seller thereof within three working days of the delivery date.
Any complaint not submitted within the deadline cannot be taken into account and releases the Seller from any liability towards the Customer.
Returns and Exchanges
The product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, according to the following methods:
Return of the product by post within 14 days from the date of delivery of the order to the
following address: Sasstraat 5, 8870 Izegem, Belgium
Any complaint and any return not made in accordance with the rules defined above and within the time limits set cannot be taken into account and releases the Seller from any liability towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging.
The costs for the return are for the account of the Customer.
The Seller guarantees the conformity of the products or services with the contract in accordance with the legislation in force at the time of conclusion of the contract.
If the Customer is a consumer, he has two years from the delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the purchased product was a second-hand good, the warranty period is one year.
The lack of conformity must be reported to the as soon as possible and in any case no later than two months after the discovery of the sale
Right of withdrawal
This article only applies to the extent that the Customer is a consumer. If this is the case, the Customer can exercise his statutory right of withdrawal and dissolve the agreement within 14 working days after the delivery (taking possession) of the goods or within 14 days after the conclusion of the service agreement.
Return and Refund
After notification of his decision to withdraw, the Customer has 14 days to return or return the goods.
The Customer may request a refund of the returned product at no additional cost. The costs of return, however, remain at the expense of the Customer.
The return or exchange of the product can only be accepted for the products if they are still whole, intact and in their original condition, in particular with complete, intact packaging and in a state of resale.
The Seller will refund to the Customer all amounts paid, including delivery costs, within 14 days after the return of the goods or the sending of proof of shipment of the
Exceptions to the right of withdrawal
Any revocation that is not carried out in accordance with the rules and time limits of this article and the applicable law cannot be taken into account and releases the Seller from any liability towards the Customer.
If the order relates in whole or in part to the delivery of digital content that has not been delivered on a tangible medium, the Customer expressly agrees that the agreement can be performed immediately. The Customer hereby acknowledges that he or she loses the right of withdrawal if the agreement is performed immediately.
Template withdrawal form
To the attention of:
Sasstraat 5.8870 Izegem, BelgiumCompany number (CBE/VAT): BE 0671.755.583 E-mail: [email protected]: +32 (0) 51 79 17 31
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract concerning
the good (*)/provision of the service mentioned below:
________________________________ ________________________________ ________________________________
Ordered on (*)/received on (*): __________ Name(s) of consumer(s): __________ Address(es) of consumer(s): __________
Signature of the consumer(s) (only if this form is completed on paper): ____________________
* Strike out as appropriate
The Seller will keep proof of the transaction, including the purchase order and invoice, in its computer systems and under reasonable security conditions.
Force of the majority
If the Seller is wholly or partially prevented from executing the order due to an unforeseen circumstance beyond its control, there is a case of force majeure.
In case of force majeure, the Seller has the right to suspend the execution of the order in whole or in part for the duration of the force majeure. The Seller will immediately inform the Customer thereof.
If the force majeure continues for more than 90 days without interruption, each of the parties has the right to terminate the contract unilaterally, by registered letter to the other party. The services already provided by the Seller will nevertheless be invoiced proportionally to the Customer.
Independence of the provisions
If one or more provisions of these General Terms and Conditions of Sale are declared illegal or void, the remaining provisions will remain in full force and effect.
The illegality or the total or partial invalidity of any provision of these General Terms and Conditions of Sale does not affect the validity and application of the other provisions.
The Seller reserves the right to replace the illegal or invalid provision with another valid provision for the same purpose.
Applicable law and competent court
These General Terms and Conditions of Sale are governed by Belgian law.
In the event of a dispute and in the absence of an amicable solution, the dispute will be submitted to the courts of the judicial district of the Seller's registered office.