Terms and Conditions

General Terms And Conditions for Consumers – WakaWaka Europe B.V.

 

Contents:

Article 1 – Definitions

Article 2 – Identity of the company

Article 3 – Scope of application

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

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

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of the company in case of withdrawal

Article 10 – The price

Article 11 – Performance of the contract

Article 12 – Delivery and performance

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Supplementary and different provisions

 

Article 1 – Definitions

The terms used in these conditions are defined as follows:

  1. Supplementary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract and such products, digital content and/or services are supplied by the company or by a third party based on a contract between such third party and the company;
  2. Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
  3. Consumer: a natural person not acting for purposes relating to his commercial, business, trade or professional activity;
  4. Day: calendar day;
  5. Digital content: information that is produced and delivered in digital form;
  6. Durable data carrier: any resource – including email – which enables the consumer or the company to store information addressed personally to him or to it in a manner that allows future viewing and use during a period commensurate with the purpose for which the information is intended as well as the unaltered reproduction of the stored information;
  7. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  8. Company: a natural person or legal entity that offers products, (access to) digital content and/or services remotely to consumers;
  9. Distance contract: a contract concluded between the company and the consumer as part of an organised system for the distance selling of products, digital content and/or services, where communication proceeds exclusively through one or more remote technologies up to and including the moment of contract closing;
  10. Standard withdrawal form for: the European standard withdrawal form included in Annex I of these Terms and Conditions.Annex I need not be provided if the consumer does not have a right of withdrawal with respect to his order;
  11. Remote communication technology: a means that may be used to conclude a contract without requiring the consumer and company to be present in the same place at the same time;

 

Article 2 – Identity of the company

WakaWaka Europe B.V.

Laan Corpus den Hoorn 300

9728 JT  GRONINGEN

https://nl.staging.waka-waka.com

Telephone number: 023 517 66 11

Chamber of Commerce No: 72042885

VAT identification number: NL858960138B01

 

Article 3 – Scope of application

  1. These General Terms and Conditions are applicable to all of the company’s offers and to all distance contracts concluded between the company and the consumer.
  2. The text of these General Terms and Conditions must be made available to the consumer before the distance contract is concluded.If this is not reasonably feasible, the company shall, prior to the distance contract being concluded, indicate the manner in which the General Terms and Conditions may be consulted with the company, and that they will be provided as soon as possible and free of charge on the consumer’s request.
  3. If the distance contract is entered into by electronic means, contrary to the previous paragraph and prior to the distance contract being concluded, the text of these General Terms and Conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier.If this cannot reasonably be considered possible, it shall be stated prior to the distance contract being concluded where the General Terms and Conditions can be viewed by electronic means and that they will be sent as soon as possible and free of charge by electronic or other means on the consumer’s request.
  4. If specific product or service conditions are applicable in addition to these General Terms and Conditions, the second and third paragraphs shall be applicable by analogy and in the event of conflicting conditions, the consumer can at all times invoke the relevant provision that is most favourable to him.

 

Article 4 – The offer

  1. If an offer has a limited period of validity or is made under conditions, this shall be expressly stated in the offer.
  2. The offer shall contain a complete and accurate description of the products offered.The description shall be sufficiently detailed to make it possible for the consumer to adequately evaluate the offer.If the company makes use of images, these must accurately reflect the products offered.The company is not bound by manifest errors in the offer.
  3. All offers shall contain sufficient information to clarify the consumer’s rights and obligations if he accepts the offer.

 

Article 5 – The contract

  1. Subject to the provisions of paragraph 4 the contract shall be formed at the point at which the consumer accepts the offer and meets the conditions set in that regard.
  2. If the consumer has accepted the offer by electronic means, the company shall immediately confirm receipt of the acceptance of the offer by electronic means.The consumer can annul the contract for as long as the company has not confirmed receipt of this acceptance.
  3. If the contract is concluded by electronic means, the company shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall provide a secure web environment.If the consumer is able to pay by electronic means, the company shall put appropriate security measures in place.
  4. The company is permitted – within the legal constraints – to ascertain whether the consumer is able to meet his payment obligations as well as all of the facts and factors important to responsibly entering into a distance contract.If this investigation gives the company good cause to decide against concluding the contract, it shall have the right to refuse an order or application, giving reasons, or to attach special conditions to the performance of the contract.
  5. The company shall provide the following information no later than at delivery of the product or service, in writing or in such manner that the consumer may store it in an accessible manner on a durable data carrier:
  6. the visiting address of the company’s establishment where the consumer may submit complaints;
  7. the conditions under and the manner in which the consumer can make use of the right of withdrawal, or a clear statement to the effect that there is no right of withdrawal;
  8. the information about guarantees and existing service following purchase;
  9. the price of the product including all taxes; delivery fees where applicable; and the manner of payment, delivery or performance of the distance contract;
  10. the requirements for terminating the contract if the contract has a duration of more than one year or an indefinite period of time;
  11. if the consumer has a right of withdrawal, the standard withdrawal form.

 

Article 6 -Right of withdrawal

For products:

  1. The consumer may annul a contract for the purchase of a product without giving reason during a cooling-off period of at least 14 days.The company may ask the consumer about their reasons for withdrawing but cannot require them to state their reasons.
  2. The cooling-off period as referred to in paragraph 1 commences from the day after the consumer, or a third party designated by the consumer in advance, not being the transport operator, has received the product, or:
  3. if the consumer has ordered several products as part of a single order: the date on which the consumer, or a third party designated by him, has received the last product.The company may refuse to accept an order for several products with different delivery times, provided that it has provided clear information about this to the consumer prior to the ordering process;
  4. if the delivery of a product consists of several shipments or parts: the date on which the consumer, or a third party designated by him, has received the last shipment or part;
  1. in case of a contract for recurring deliveries of products during a specific period: the date on which the consumer, or a third party designated by him, has received the first product.

 

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

  1. The consumer shall treat the product and the packaging with due care during the cooling-off period.He shall only unpack or use the product to the extent necessary to determine the nature, properties and operation of the product.The basic principle is that the consumer is allowed to handle and inspect the product only to the extent that he would be allowed to do so in a shop.
  2. The consumer shall by liable for any deterioration of the product only to the extent that it is caused by a manner of handling the product that goes beyond what is permitted under paragraph 1.
  3. The consumer shall not be liable for any deterioration of the product if the company has not provided him with all legally required information about the right of withdrawal before or during contract closing.

 

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he shall inform the company thereof within the cooling-off period by using the standard withdrawal form or in any other unambiguous manner.
  2. As soon as possible but within 14 days from the day following the notification as referred to in paragraph 1, the consumer shall send the product back or return it personally to the company or a person authorised by the latter.This is not required if the company has offered to collect the product himself.The consumer is in any case deemed to have respected the return deadline if he has sent the product back before the end of the cooling-off period.
  3. The consumer shall send the product back with all accessories supplied with it, in the original condition and packaging where reasonably possible, and in accordance with the reasonable and clear instructions of the company.
  4. The risk and burden of proof with respect to the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer shall bear the immediate cost of sending the product back.If the company has not stated that the consumer is responsible for these costs, or if the company has stated that it will bear these costs, the consumer is not responsible for the cost of sending the product back.
  6. Whenever the consumer exercises his right of withdrawal, any and all additional agreements shall be annulled automatically.

 

Article 9 -Obligations of the company in case of withdrawal

  1. If the company permits electronic notification of withdrawal by the consumer, it shall send an acknowledgement of receipt immediately after receiving such notification.
  2. The company shall refund all payments made by the consumer, including any delivery fees charged by the company for the returned product, without delay but in any case within 14 days from the date on which the consumer has notified withdrawal.Unless the company offers to collect the product himself, it may postpone refunding the payment until it has received the product or until the consumer provides proof that he has sent the product back, whichever is earlier.
  3. For the refund, the company shall use the same mode of payment used originally by the consumer, unless the consumer consents to a different mode.Refund shall be free of charge to the consumer.

 

Article 10 -The price

  1. The prices of the products offered shall not be raised during the period of validity stated in the offer, other than in the form of price changes resulting from changes to VAT rates.
  2. Notwithstanding the previous paragraph, the company may offer products at variable prices if their prices are related to fluctuations on the financial market beyond the control of the company.This dependence on fluctuations and the fact that the stated prices are indicative shall be stated in the offer.
  3. Price rises introduced within 3 months of the formation of the contract are permitted only if they result from statutory regulations or provisions.
  4. Price rises introduced within 3 months of the formation of the contract are permitted only if the company has stipulated this and:
  5. they are the result of statutory regulations or provisions; or
  6. the consumer is empowered to terminate the contract with effect from the date on which the price rise comes into effect.
  7. The prices of the products in the offer include VAT.

 

Article 11 -Performance of the contract and guarantee(s)

  1. The company guarantees that the products meet the contractual conditions, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or governmental regulations in existence on the date on which the contract was formed.If agreed, the company also guarantees that the product is suitable for other than normal use.
  2. The statutory guarantee period is 2 years.
  3. Any additional guarantee provided by the company or its supplier, manufacturer or importer, shall never have the effect of limiting the consumer’s statutory rights and claims against the company under the contract in the case that the company has failed to fully perform its part of the contract.
  4. An additional guarantee is defined is any commitment of the company or its supplier, importer or producer in which it accords certain rights or claims to the consumer beyond what is required by law for the case that fails to fully perform its part of the contract.

 

Article 12 -Delivery and performance

  1. The company shall take the greatest possible care in receiving and executing orders of products.
  2. The place of delivery is deemed to be the address that the customer has communicated to the company.
  3. Subject to the provisions of Article 4 of these General Terms and Conditions, the company shall complete accepted orders without undue delay but in any case within 30 days, unless a longer delivery period has been agreed.If the delivery is delayed or if an order cannot be completed or can be completed only in part, the consumer shall be informed of this 30 days at the latest after placing the order.In that case the consumer shall have the right to annul the contract without any charge and the right to compensation for damages.
  4. After annulment pursuant to the foregoing paragraph, the company shall refund all payments received from the consumer without delay but in any case within fourteen days from receipt of the notification of annulment.
  5. In the absence of express agreement to the contrary, the risk of damage to and/or loss of the products shall be borne by the company until the time of delivery to the customer or a representative made known to the company beforehand.

 

Article 13 -Payment

  1. Unless provided otherwise in the contract or additional conditions, all payments by the consumer shall be made within 14 days from the start of the cooling-off period or, if there is no cooling-off period, within 14 days after contract closing.
  2. When selling products to consumers, the General Terms and Conditions shall never require the consumer to pay more than 50% in advance.Where advance payment has been agreed, the consumer shall have no claim at all in respect of performance of the relevant order until such advance payment has been made.
  3. The consumer is obliged to report any inaccuracies in issued or stated payment details to the company without delay.

 

Article 14 -Complaints procedure

  1. The company has a sufficiently publicised complaints procedure and settles complaints in accordance with this complaints procedure.
  2. Complaints about the performance of the contract shall be submitted to the company together with a complete and clear description without undue delay after the consumer has found the defects.
  3. Complaints submitted to the company shall be responded to within a period of 14 days from the date of receipt.If a complaint calls for a foreseeably longer processing period, the company shall respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
  4. The consumer shall allow the company at least 4 weeks’ time to find an amicable solution for the complaint.After the aforementioned period, there will be a dispute that may be resolved under the provisions on dispute settlement.

 

Article 15 -Dispute settlement provisions

All contracts between the company and the consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law.

 

Article 16 -Supplementary or deviating provisions

Supplementary conditions or conditions deviating from these General Terms and Conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that the consumer can easily store them on a durable data carrier.