GENERAL TERMS AND CONDITIONS
Seller
‘Seller’ means Stichting W139, registered in the trade register of the Chamber of Commerce in Amsterdam, with KVK-number 41203554.
Customer
‘Customer’ means any visitor to the webshop, natural or legal person, who places an order via www.139.nl – the website of the Seller.
Applicability
These General Terms and Conditions apply to all orders placed through the webshop of the Seller (www.w139.nl).
By placing an order, the Customer accepts the applicability of these General Terms and Conditions.
Deviation from these General Terms and Conditions is only possible if this has been explicitly agreed in writing, in which case the other provisions of these General Terms and Conditions shall remain in full force.
Stichting W139 reserves the right to amend or supplement these General Terms and Conditions.
Agreement
An agreement is concluded when an order confirmation of an order provided by the Customer is sent by e-mail to the e-mail address provided by the Customer.
The Customer and Seller explicitly agree that by using electronic means of communication a valid agreement is reached as soon as this order confirmation has been sent to the Customer.
The electronic files of the webshop of the Seller are, as far as the law allows, hereby considered a presumption of evidence.
Offer
Information, photos, images, announcements verbally, by phone or via e-mail provided by the Seller regarding the offer are given or made as accurately as possible. However, the Seller cannot guarantee that all the offers and products are fully in accordance with the information etc. provided. Deviations can in principle not be a reason for compensation and/or dissolution of the contract. If the product clearly differs from the data on the webshop, the Seller will take appropriate measures to satisfy the Customer.
The Seller can not be held to its offer if the Customer should have understood, according to common sense, that the offer contains an obvious mistake or error.
Prices and Payments
All prices quoted by the Seller are in euros including VAT. This is recoverable for companies unless the margin scheme is applied. All prices are exclusive of shipping costs.
The Seller reserves the right to change prices, especially when this is required by (legal) regulations.
The amount of the shipping costs will be mentioned per product at the time of payment.
Special offers are only valid for the period of validity as stated on the internet site with regard to that special offer.
Orders through the webshop of the Seller can be paid in the following ways: direct payment through IDEAL or Credit Card.
Shipping costs
Shipping costs within the Netherlands: packages (everything under 2kg) 6,95 euro for orders that fit through the mailbox. For shipping abroad, a different rate is calculated depending on the country and weight.
If the Customer is not located in the country of dispatch, the Customer shall be liable for any sales tax and/or import duties owed. Selected fragile items will not be delivered via postal services but can be picked up at the Seller, Warmoesstraat 139, 1012 JB Amsterdam. This specific option will be clearly indicated in the webshop by the Seller.
Delivery
The Seller delivers worldwide and uses the services of DHL.
Orders are shipped once a week. For orders within the Netherlands applies: ordered before Thursday, delivered before Sunday. The mentioned delivery time is indicative and is never a deadline. Exceeding any delivery period does not entitle the Customer to compensation, nor does it entitle the Customer to cancel the order or dissolve the agreement, unless the delivery period is exceeded to such an extent that the Customer cannot reasonably be expected to leave the agreement intact. The delivery time within the Netherlands is on average 10 days.
Different delivery conditions apply to deliveries abroad.
The Seller is entitled to deliver the order in parts. The extra cost of the subsequent delivery will be paid by the Seller.
Delivery takes place at the address provided by the Customer at the time of conclusion of the agreement.
Retention of title
Ownership of the product(s) is transferred at the moment that the product(s) are offered to the delivery address provided by the Customer. If the Customer fails to accept the products, the resulting damage and costs will be at his/her expense. Any return shipments to the Seller will be at the expense of the Customer.
Return
If desired, an item can be returned at the Customer’s expense. This has to be reported by e-mail immediately after receipt of the product. The item has to be returned within 7 days in exactly the same condition to the Seller. This term does not apply for orders from abroad.
The total amount of the order will be refunded to the Customer’s bank account after the above process has been completed.
The Seller reserves the right to refuse returns or to refund only part of the amount if it is suspected that the products have been used or damaged by the Customer or third parties.
Intellectual Property
The Customer explicitly acknowledges that all intellectual property rights of the information, images, announcements or other expressions related to the products and or related to the website or its promotion belong to the Seller or other entitled parties.
Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and or other (intellectual property) rights, including technical and/or commercial methods and concepts, whether or not patentable.
Force majeure
If one or both parties are hindered as a result of a circumstance that is not due to fault, force majeure, neither party is obliged to fulfill any obligation.
The parties may suspend the obligations under the agreement during the period that the force majeure lasts. If this period lasts longer than two months, either party shall be entitled to dissolve the agreement without any obligation to pay the other party damages.
Damages
The Seller can only be held liable for damage, which can be attributed to its intent or fault, or which is caused by circumstances that are at its risk.
Applicable law and competent court
All rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
All disputes between parties shall be submitted exclusively to the competent court in the Netherlands.
PRIVACY
This is the website of Stichting W139 Amsterdam.
Warmoesstraat 139, 1012 JB Amsterdam, The Netherlands
KVK number 41203554
Personal data
The data provided by the Customer will be treated confidentially by the Seller and will only be used for the following purposes:
– Processing the order, its payment and delivery to the correct delivery address
– Promoting the user-friendliness of the webshop
– Providing information on offers, promotions and newsletters
Use of Cookies
The website of the Seller makes use of cookies. A cookie is a small file that is sent by an internet server and installs itself on the hard disk of your computer. This file keeps track of the visited website and contains some information about this visit.
Safety
When the Seller receives or transfers data of the Customer on their website, the Seller always uses the coding technologies that are recognised as common standards within the IT sector. The Seller has implemented the necessary security measures to prevent the loss, misuse or alteration of information that the Seller receives on their site. If the Seller receives or transfers certain critical information, such as financial information for example, the Seller uses a secure server.
If the Customer provides the Seller with his/her postal address via the web, the Customer will only receive the information or orders s/he requested, at the address s/he provided.
If the Customer shares his/her telephone number via the web, the Customer will only be contacted by the Seller by telephone if this is necessary to inform the Customer about the questions or orders s/he requested.
If the Customer shares his/her e-mail address via the web, the Customer will only receive e-mails from the Seller if it is necessary to inform him/her about those questions or orders s/he has requested.