Return form Wire-Up

General terms and conditions Wire-Up

http://www.wire-up.be

Table of contents

Article 1 - Definitions

Article 2 - Identity of Wire-up

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - specific arrangement Easy Boxes

Article 9 - Exclusion of right of withdrawal

Article 10 - The price

Article 11 - Conformity and warranty

Article 12 - Delivery and execution

Article 13 - Duration transactions: duration, termination and renewal

Article 14 - Payment

Article 15 - Complaints procedure

Article 16 - Disputes

Article 17 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal.
2. Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with Wire-Up;
3. Day: calendar day;
4. 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;
5. Durable data medium: any means that enables the consumer or Wire-Up to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Model form: The model withdrawal form provided by Wire-Up that a consumer can fill in when he wants to exercise his right of withdrawal.
8. Wire-UP: The natural or legal person offering products and/or services to consumers at a distance;
9. Remote agreement: An agreement under which, within the framework of a system organised by Wire-Up for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
10. Remote communication technology: means that can be used to conclude a contract, without the consumer and Wire-up being together in the same room at the same time.
11. Terms and conditions: the present Terms and Conditions of Wire-Up.

Article 2 - Identity of the company

Wire-Up
Schrieken 111
2340 Beerse
Belgium
T (032) 485-538093
E gert@wire-up.be
VAT number BE0745909511

Article 3 - Applicability

1. These general terms and conditions apply to every offer by Wire-Up and to every distance contract and order concluded between Wire-Up and consumers.
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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at Wire-Up and they will be sent free of charge at the consumer's request as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as much as possible.
6. Situations not covered by these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions are to be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is non-binding. Wire-up is entitled to amend and modify the offer.
3. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Wire-Up uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind Wire-Up.
4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products on offer. Wire-UP cannot guarantee that the colours shown correspond exactly to the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular: the price including taxes; any shipping costs; the manner in which the agreement will be concluded and which actions are necessary for this; whether or not the right of withdrawal is applicable; the method of payment, delivery and performance of the agreement; the period for acceptance of the offer, or the period within which Wire-Up guarantees the price; the amount of the rate for distance communication if the costs for the use of 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 will be archived after the conclusion and, if so, in what way it can be consulted by the consumer; the manner in which the consumer, before the conclusion of the agreement, can check the data provided by him within the framework of the agreement and, if desired, rectify them; any other languages, besides Dutch, in which the agreement can be concluded; the codes of conduct to which Wire-Up is subject and the manner in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the event of a duration transaction.

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 fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, Wire-Up will confirm the receipt of the acceptance of the offer electronically without delay. As long as this acceptance has not been confirmed by Wire-Up, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, Wire-Up will take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, Wire-Up will observe appropriate security measures for this purpose.
4. Wire-Up can inform itself - within legal frameworks - whether the consumer can fulfil his payment obligations, as well as of all those facts and factors which are important for a responsible conclusion of the distance contract. If Wire-Up has good grounds on the basis of this investigation not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to the implementation, while stating its reasons.
5. Wire-Up er will enclose with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier: the visiting address of the Wire-Up's branch office where the consumer can address complaints;

the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal; the information on guarantees and existing after-sales services; the information included in article 4 paragraph 3 of these terms and conditions, unless Wire-Up has already provided this information to the consumer prior to the execution of the agreement; the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability

of the relevant products.

Article 6 - Right of withdrawal

On delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Wire-Up.
2. During the reflection period, the consumer will handle the product and its 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 with all delivered accessories and - if reasonably possible - in the original condition and packaging to Wire-Up, in accordance with the reasonable and clear instructions provided by Wire-UP.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to Wire-Up within 14 days after receipt of the product. The consumer must make this known by means of the model form or by another means of communication such as e-mail. After the consumer has expressed his wish to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of dispatch.
4. If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to Wire-Up, the purchase is a fact.
5. The right of withdrawal does not apply to Easy boxes provided they are custom-made products.

On provision of services:

1. When services are supplied, the consumer has the option of dissolving the contract without giving reasons for at least 14 days starting from the day of entering into the contract.
2. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by Wire-Up in this regard at the time of the offer and/or at the latest on delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the costs of return shipment will be borne by him.
2. If the consumer has paid an amount for the purchased product, Wire-Up will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly authorises a different payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation in value of the product.
4. The consumer cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the Wire-Up, this should be done before the conclusion of the purchase agreement.

Article 8 - specific arrangement Easy Boxes

1. The easybox is a customised electrical installation.
2. After purchasing on the webshop, you will receive another E-mail from Wire-up asking for confirmation. After this confirmation, the order of the custom-made product is determined. No right of withdrawal applies to this.
3. Sizes and photos of the easybox may vary slightly from those shown in the webshop.
4. Shipping of the kit is always at the buyer's expense and may vary according to the customer's location.

Article 9 - Exclusion of right of withdrawal

1. Wire-Up can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Wire-Up clearly stated this in the offer, or at least in good time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products: which have been created by Wire-Up according to the consumer's specifications; which are clearly personal in nature; which cannot be returned due to their nature; which spoil or age quickly; whose price is subject to fluctuations on the financial market over which Wire-Up has no influence; 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.
3. Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period; the delivery of which started with the express consent of the consumer before the expiry of the cooling-off period; concerning betting and lotteries.

Article 10 - The price

1. 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.
2. Notwithstanding the previous paragraph, Wire-Up may offer products or services whose prices are linked to fluctuations on the financial market and over which Wire-Up has no influence, with variable prices. This linkage to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if Wire-Up has stipulated this and: they are the result of legal regulations or provisions; or the consumer is authorised to cancel the agreement as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability will be accepted for the consequences of misprints. In the event of printing errors, Wire-Up is not obliged to supply the product according to the incorrect price.

Article 11 - Conformity and warranty

1. Wire-Up guarantees that the products and/or services 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 agreed, Wire-Up also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by Wire-Up, manufacturer or importer does not affect the legal rights and claims the consumer can assert against Wire-Up on the basis of the agreement.
3. Any defective or incorrectly delivered products must be reported to Wire-Up in writing within 2 months of the discovery of the defect.
4. Wire-Up's guarantee period corresponds to the manufacturer's guarantee period. However, Wire-Up is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:

the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or have been treated in violation of Wire-Up's instructions and/or on the packaging; the inadequacy is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 12 - Delivery and execution

1. Wire-Up will take the greatest possible care when receiving and executing product orders and when assessing service requests.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution according to the paragraph 3 of this article, Wire-Up will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, Wire-Up will endeavour to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by Wire-Up.
7. The risk of damage and/or loss of products rests with Wire-Up until the time of delivery to the consumer or a representative designated in advance and made known to Wire-Up, unless expressly agreed otherwise.

Article 13 - Duration transactions: duration, termination and renewal

Termination

1. The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed-term, subject to agreed termination rules and a notice period not exceeding one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs: at any time and not be limited to termination at a specific time or in a specific period; at least terminate them in the same way as they were entered into by him; always terminate them with the same notice period as Wire-Up has stipulated for itself.

Extension

1. A fixed-term contract that has been entered into for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for an

certain duration.

2. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
3. A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract relates to the regular, but less than once a month, delivery of daily or weekly newspapers and magazines.
4. A fixed-term contract for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 14 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. The consumer has a duty to report inaccuracies in payment details provided or mentioned to Wire-Up without delay.
3. In the event of default of payment by the consumer, Wire-Up is entitled, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.

Article 15 - Complaints procedure

1. Wire-Up shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints on the execution of the contract must be submitted to Wire-Up within 2 months, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to Wire-Up shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Wire-Up will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to dispute resolution.
5. In case of complaints, a consumer should first turn to the Wire-Up. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr). Web shop is currently not affiliated to any quality mark with a dispute resolution committee.
6. A complaint does not suspend Wire-Up's obligations, unless Wire-Up states otherwise in writing.
7. If a complaint is found to be justified by Wire-Up, Wire-Up will, at its discretion, either replace or repair the delivered products free of charge.

Article 16 - Disputes

1. Only Dutch law applies to agreements between Wire-Up and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 17 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.