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Table of contents: Article 1 - Definitions Article 2 - Entrepreneur's identity 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 - The price Article 9 - Conformity and guarantee Article 10 - Delivery and execution Article 11 - Payment Article 12 - Complaints procedure Article 13 - Disputes Article 14 - 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 not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
  3. Bye: 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 trader to store information addressed personally to him 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 made available by the trader that a consumer can fill in when he wants to exercise his right of withdrawal.
  8. Entrepreneur: 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 the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  10. Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
  11. General terms and conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 | Entrepreneur's identity
Wire-Up
Schrieken 111; 2340 Beerse
+32485538093
gert@wire-up.be : href="mailto:gert@wire-up.be">gert@wire-up.be BE0475.909.511 Article 3 | Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall 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 the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
  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. The entrepreneur is entitled to change and adjust 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 the trader uses images, these are a true representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  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. Operator cannot guarantee that the colours displayed 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:
    • price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and what actions are necessary to do so;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and performance of the agreement;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the amount of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the agreement is archived after its conclusion and, if so, how it can be accessed by the consumer;
    • the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and, if desired, rectify them;
    • any other languages in which, in addition to Dutch, the agreement may be concluded;
    • the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case 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, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
  5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
  6. the visiting address of the trader's establishment to which the consumer can address complaints;
  7. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
  8. the information on guarantees and existing after-sales service;
  9. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
  10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  11. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
  12. 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 of dissolving the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
  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 to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 14 days of receiving the product. The consumer must make this known using the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the consumer should 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 the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 | Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, at most the costs of return shipment will be at his expense.
  2. If the consumer has paid an amount, the entrepreneur 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 entrepreneur or conclusive evidence of complete return can be presented. 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 entrepreneur, this should be done before the conclusion of the purchase agreement.

Article 8 | 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. Contrary to 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, with variable prices. This link 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 contract are only allowed if the entrepreneur has stipulated it and:
  5. they result from statutory regulations or provisions; or
  6. the consumer has the power to terminate the agreement from the day on which the price increase takes effect.
  7. The prices mentioned in the offer of products or services include VAT.
  8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 9 | Conformity and Warranty

  1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur does not affect the legal rights and claims the consumer can assert against the entrepreneur on the basis of the agreement.
  3. Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
  4. The guarantee does not apply if the delivered products are exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging.

Article 10 | Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.
  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 in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 11 | 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).
  2. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
  3. In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 12 | Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints on the performance of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has identified the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  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 entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the operator's obligations unless the operator indicates otherwise in writing.
  7. If a complaint is found valid by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.

Article 13 | Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 14 | 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.

Annex 1 | Model withdrawal form

(complete and return this form only if you wish to revoke the agreement) To De Schrijvende Schoonzussen Van der Horststraat 17 3141 TH Maassluis jouw@emailadres.nl 06 134 887 84 I/We (*) hereby notify you that I/We (*) revoke/revoke (*) our contract for the sale of the following goods/provision of the following service (*): Ordered on (DD-MM-YYYY): Order Number : Received on (DD-MM-YYYY): Name/Names consumer(s): Address consumer(s): IBAN Account Number: Signature of consumer(s) (only if this form is submitted on paper): Date(DD-MM-YYYY): (*) Delete what does not apply. 

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