Article 1Définitions

Dans Les Présentes Conditions, Les Définitions Suivantes S’Appliquent :

1. Jour : Jour Calendrier;
2. Contenu Numérique : Données Produites Et Livrées Sous Forme Numérique;
3. Contrat En Cours : an agreement for the regular delivery of goods, services and/or digital content over a certain period;
4. Support Durable : any tool — including e-mail — that enables the customer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose of the information, and that enables unchanged reproduction of the stored information;
5. Client : the natural or legal person acting in the exercise of their profession or business;
6. Entrepreneur : the natural or legal person offering goods, (access to) digital content and/or services to customers at a distance;
7. Contrat À Distance : an agreement concluded between the entrepreneur and the customer within the framework of an organised system for distance selling of goods, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for distance communication;
8. Par Écrit : “in writing” in these general terms also includes communication by e-mail and fax, provided the identity of the sender and the integrity of the e-mail are sufficiently established;
9. Technique De Communication À Distance : Un Moyen Pouvant Être Utilisé Pour Conclure Un Contrat, Sans Que Le Client Et L’Entrepreneur Doivent Se Trouver Au Même Endroit Au Même Moment;
10. Site web : the entrepreneur’s webshop where goods and services are offered that customers can purchase.

Article 2Identité De L’Entrepreneur

Moncif Klussenbedrijf, Exerçant Sous Le Nom WTW Store

1. Site web : www.wtwstore.com
2. Adresse Du Siège Social : Prinses Beatrixlaan 29, 2224 XG Katwijk ZH, Pays-Bas
3. Adresse De Visite : Identique À L’Adresse Enregistrée
4. Numéro De Téléphone : +31 85 060 22 97
5. Adresse e-mail : info@wtwstore.com
6. Numéro De Chambre De Commerce (Fiscal) : 78 758 343
7. Numéro D’Identification TVA : NL003379382B82

Ces Conditions Générales Professionnelles Sont Exclusivement Destinées Aux Clients Agissant Dans Le Cadre De Leur Activité Professionnelle. Pour Les Consommateurs, Nos Conditions Thuiswinkel Spécifiques Aux Consommateurs S’Appliquent.

Article 3Applicabilité

1. Les Présentes Conditions Générales S’Appliquent À Toute Offre Faite Par L’Entrepreneur Et À Tout Contrat À Distance Conclu Entre L’Entrepreneur Et Le Client.
2. If the customer includes provisions or conditions in their order, confirmation or acceptance that deviate from or are not included in these general terms, such provisions are only binding on the entrepreneur if and insofar as they have been expressly accepted by the entrepreneur in writing.
3. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded how the general terms and conditions can be inspected and that they will be sent free of charge to the customer upon request as soon as possible.
4. If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance agreement is concluded, be made available to the customer electronically in such a way that it can be easily stored by the customer on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the customer free of charge upon request, electronically or otherwise.
5. If, in addition to these general terms, specific product or service conditions apply, paragraphs 3 and 4 apply mutatis mutandis and the customer may, in the event of conflicting conditions, always rely on the applicable provision that is most favourable to the customer.
6. If any provision in these general terms is found to be null and void, this does not affect the validity of the entire set of general terms. In such a case, the parties will establish one or more new replacement provisions that reflect the intent of the original provision as closely as legally possible.

Article 4L’Offre

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the goods, digital content and/or services offered. The description is sufficiently detailed to enable the customer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the goods, services and/or digital content offered.
3. The website content and the offer have been compiled with the greatest care. However, the entrepreneur cannot guarantee that all information on the website is correct and complete at all times. All prices, offers and other information on the website and in other materials provided by the entrepreneur are therefore subject to obvious programming and typographical errors.

Article 5L’Accord

1. Le Contrat Est Conclu Au Moment Où Le Client Accepte L’Offre Et Remplit Les Conditions Qui Y Sont Énoncées.
2. If the customer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed by the entrepreneur, the customer may dissolve the agreement.
3. If an offer is accepted by the customer, the entrepreneur has the right to withdraw the offer within 3 working days after receipt of the acceptance. The entrepreneur will notify the customer of such withdrawal without delay.
4. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures.
5. If it appears that incorrect information was provided by the customer when accepting or otherwise entering into the agreement, the entrepreneur has the right to fulfil its obligations only after the correct information has been received.
6. Within legal limits, the entrepreneur may investigate whether the customer can meet their payment obligations and any other facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to its execution. The entrepreneur will inform the customer of this refusal or these special conditions as soon as possible, but no later than 3 days after the agreement is concluded, stating reasons.

Article 6Le Prix

1. All prices stated on the website and in other materials from the entrepreneur are exclusive of VAT (unless otherwise stated) and, unless clearly stated otherwise on the website, exclusive of any other levies imposed by governmental authorities.
2. In deviation from the previous paragraph, the entrepreneur may offer goods or services with variable prices if these prices are subject to fluctuations in the financial market beyond the entrepreneur’s control. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
3. From two weeks after concluding the agreement, the entrepreneur has the right to change the agreed prices. The customer who does not agree with the change has the right to terminate the agreement without any costs being charged by the entrepreneur.
4. Any additional costs, such as delivery and payment costs, will be stated on the website and shown during the checkout process in any case.

Article 7Exécution Du Contrat Et Garantie Supplémentaire

1. The entrepreneur guarantees that the goods, services and digital content 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 in force on the date the agreement is concluded.
2. If the delivered product, service or digital content does not conform to the agreement (is defective or faulty), the customer must inform the entrepreneur within 3 working days after the defect could reasonably have been discovered. If the customer fails to do so, they can no longer claim any form of repair, replacement, damages and/or refund relating to that defect.
3. If the entrepreneur considers a complaint well-founded, the relevant products will be repaired, replaced or (partly) reimbursed in consultation with the customer. The entrepreneur may refer the customer to a manufacturer or supplier.
4. If the customer returns goods based on this article, the customer may return the products. If a refund of prepaid amounts is made, the entrepreneur will refund these amounts within 30 days after receiving the products.
5. Manufacturers and/or suppliers may offer their own warranties. These warranties are not provided by the entrepreneur. If the entrepreneur chooses, it may mediate in invoking such warranties on behalf of the customer.

Article 8Livraison Et Exécution

1. Dès Que La Commande A Été Reçue Par L’Entrepreneur, L’Entrepreneur Expédiera Les Produits Dès Que Possible, Sous Réserve Du Paragraphe 3 Du Présent Article.
2. The entrepreneur is entitled to engage third parties to perform the obligations arising from the agreement.
3. The delivery period is in principle 30 days, unless clearly stated otherwise on the website or at the moment the agreement is concluded. The choice of carrier is at the entrepreneur’s discretion.
4. If the entrepreneur cannot deliver within the agreed term, it will inform the customer and indicate the expected new delivery term. The customer then has the right to dissolve the agreement and also the right to compensation for damage due to late or non-delivery up to a maximum of one time the purchase price, provided the late or non-delivery is due to intent or gross negligence by the entrepreneur. The customer will inform the entrepreneur immediately after the notification whether they still want performance or wish to dissolve the agreement.
5. Unless expressly agreed otherwise, the risk of the products to be delivered transfers to the customer as soon as they have been delivered to the specified delivery address. If the customer chooses to collect the products, the risk transfers upon handover.
6. If the customer or a third party designated by the customer is not present at the delivery address at the agreed delivery time to receive the products, the entrepreneur is entitled to take the products back. For additional costs, the entrepreneur will offer the products again at another time and/or day to be agreed with the customer. If delivery proves impossible, the payment obligation does not lapse and any additional costs (including return costs) will be charged to the customer.
7. If the ordered product is no longer available, the entrepreneur will make reasonable efforts to offer a similar product of comparable quality. The customer is then entitled to dissolve the agreement free of charge.

Article 9Contrats En Cours : Durée, Résiliation Et Renouvellement

Résiliation :

1. The customer may terminate an agreement concluded for an indefinite period that provides for the regular delivery of products (including electricity), digital content or services at any time, subject to the agreed termination rules and with a notice period of two months.
2. The customer may terminate an agreement concluded for a definite period that provides for the regular delivery of products (including electricity), digital content or services at any time at the end of the fixed term, subject to the agreed termination rules and with a notice period of two months.
3. Le Client Peut Résilier Par Écrit Les Accords Visés Aux Paragraphes Précédents.

Renouvellement :

4. Un Accord Conclu Pour Une Durée Déterminée Prévoyant La Livraison Régulière De Produits (Y Compris L’Électricité), De Contenus Numériques Ou De Services Est Renouvelé Tacitement Pour La Même Durée Que Celle Convenue.
5. Les Délais De Préavis Mentionnés S’Appliquent Également Par AnalogIE Aux Résiliations Par L’Entrepreneur.

Article 10Paiement

1. The customer must make payments to the entrepreneur using the payment methods indicated in the checkout process and/or on the website. The entrepreneur is free to choose which payment methods to offer and these may change from time to time. Unless otherwise agreed, in case of payment after delivery a payment term of 14 days applies, starting the day after delivery.
2. If the customer does not meet their payment obligations in time, they are immediately in default by operation of law, without any notice of default being required. The entrepreneur has the right to increase the amount due by statutory interest and is entitled to charge and recover extrajudicial collection costs and any procedural legal costs from the customer.

Article 11Responsabilité

1. Except in cases of intent or gross negligence, the entrepreneur’s total liability towards the customer for an attributable failure to perform the agreement is limited to compensation up to the amount of the price agreed for that agreement (including VAT). If there is an ongoing agreement, the liability is limited to compensation up to the amount the customer owed to the entrepreneur in the 3 months preceding the event causing the damage.
2. The entrepreneur’s liability towards the customer for indirect damage, including but not limited to consequential damage, loss of profit, missed savings, loss of data and damage due to business interruption, is excluded.
3. The previous paragraphs do not apply to damage suffered by the customer in the resale of products purchased from the entrepreneur to consumers, as a result of those consumers exercising one or more statutory rights against the customer due to a defect in those products.
4. Insofar as performance is not already permanently impossible, the entrepreneur’s liability for an attributable failure to perform arises only after the customer has promptly and properly put the entrepreneur in default in writing, setting a reasonable term to remedy the failure, and the entrepreneur continues to fail after that term. The notice of default must contain as detailed a description as possible of the failure, so that the entrepreneur can respond adequately.
5. A condition for any right to compensation is always that the customer reports the damage to the entrepreneur in writing as soon as possible, but no later than 14 days after it arose.
6. In the event of force majeure, the entrepreneur is not obliged to compensate any damage incurred by the customer as a result.

Article 12Réserve De Propriété

1. Until the customer has made full payment of the entire agreed amount, all delivered goods remain the property of the entrepreneur.

Article 13Procédure De Réclamation

1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the customer has identified the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur are answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the customer can expect a more detailed response.

Article 14Litiges

1. Agreements between the entrepreneur and the customer to which these general terms apply are governed exclusively by Dutch law.
2. If disputes arise in connection with the agreement that cannot be resolved amicably, they will be submitted to the competent court in the district where the entrepreneur is established. The entrepreneur and the customer may agree to settle disputes by binding advice or arbitration.