Terms and Conditions – Wormenkwekerij Wasse

https://www.wormenkwekerijwasse.nl

Terms and Conditions based on the model terms provided by Stichting WebwinkelKeur.

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
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 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal.
Consumer: the natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur.
Day: calendar day.
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.
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.
Model form: the model form for withdrawal made available by the entrepreneur, which the consumer may use if they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance.
Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication until the agreement is concluded.
Means of distance communication: means that can be used for concluding an agreement without the consumer and the entrepreneur being simultaneously present in the same place.
Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Wormenkwekerij Wasse
Vorrelveen 6
9411 VP Beilen
The Netherlands

T: (061) 844-1825
E: info@wormenkwekerijwasse.nl

CoC number: 66626811
VAT number: NL001413015B26

Article 3 – Applicability

These terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, where the terms and conditions can be viewed and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may be provided to the consumer electronically in such a way that the consumer can store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer may rely on the provision most favorable to them.

If one or more provisions in these terms and conditions are at any time wholly or partially void or annulled, the remaining provisions will remain in force. The relevant provision will be replaced by a provision that approximates the original as closely as possible.

Situations not provided for in these terms and conditions must be assessed “in the spirit” of these terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions must also be interpreted “in the spirit” of these terms and conditions.

Article 4 – The Offer

If an offer is valid for a limited period or subject to conditions, this will be expressly stated.

The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, they represent the products and/or services truthfully. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot give rise to claims for compensation or termination of the agreement.

Images of products represent the products truthfully. The entrepreneur cannot guarantee that displayed colors correspond exactly to actual product colors.

Every offer contains sufficient information for the consumer to understand the rights and obligations attached to acceptance, including:

the price including taxes;
possible shipping costs;
the method of conclusion of the agreement and required steps;
whether the right of withdrawal applies;
the method of payment, delivery, and execution;
the period for accepting the offer, or the period within which the price is guaranteed;
the cost of distance communication if different from the standard rate;
whether the agreement will be archived and accessible;
the method by which the consumer can check or correct provided information;
languages in which the agreement may be concluded;
any codes of conduct to which the entrepreneur is bound;
the minimum duration of the agreement in case of a duration transaction.

Article 5 – The Agreement

The agreement is concluded at the moment the consumer accepts the offer and meets the associated requirements.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. As long as this confirmation has not been received, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will implement appropriate technical and organizational security measures to protect electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures.

The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations and any factors important for responsibly concluding a distance contract. If the entrepreneur has reasonable grounds not to enter into the agreement, they may refuse an order or attach special conditions.

The entrepreneur will provide the following information with the product or service, in writing or on a durable data carrier:

the business address where complaints may be submitted;
conditions for exercising the right of withdrawal or clear information if the right is excluded;
information on warranty and after-sales service;
the information listed in Article 4, paragraph 3, unless already provided before concluding the agreement;
conditions for terminating agreements of more than one year or indefinite duration.

For duration transactions, the previous paragraph applies only to the first delivery.

Every agreement is concluded subject to sufficient availability of the products.

Article 6 – Right of Withdrawal

For products

The consumer may dissolve a product purchase agreement without stating reasons within 14 days from the day after receiving the product.

During the cooling-off period, the consumer will handle the product and packaging carefully and only unpack or use the product as necessary to assess it. If exercising the right of withdrawal, the product must be returned in its original condition and packaging, including accessories, following the provided instructions.

The consumer must notify the entrepreneur within 14 days of receipt that they wish to exercise the right of withdrawal (via the model form or another communication method such as email). After notification, the consumer must return the product within 14 days. Proof of return must be provided.

If the consumer has not indicated withdrawal within the periods specified nor returned the product, the purchase becomes final.

For services

The consumer may dissolve a service agreement within at least 14 days from the day the agreement is concluded.

To exercise this right, the consumer must follow the instructions provided by the entrepreneur.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, only the cost of returning the product is borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund it as soon as possible and no later than 14 days after withdrawal, provided the product has been returned or proof of return is supplied. Refunds will be made using the same payment method unless the consumer agrees otherwise.

If the product is damaged due to improper handling by the consumer, they are liable for depreciation.

The consumer cannot be held liable for depreciation if the entrepreneur has not provided legally required information about the right of withdrawal prior to purchase.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for the products listed below, but only if clearly stated in the offer:

Products:

made according to the consumer’s specifications;
clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
tied to fluctuations in the financial market beyond the entrepreneur's control;
newspapers and magazines;
audio/video recordings and software where seals have been broken;
hygiene products where seals have been broken.

Services:

relating to accommodation, transport, restaurant or leisure activities with a specific date/period;
begun with explicit consent of the consumer before the cooling-off period has ended;
relating to betting or lotteries.

Article 9 – The Price

Prices will not be increased during the offer period, except for VAT rate changes.

For products or services subject to financial market fluctuations, variable prices may be offered.

Price increases within 3 months after concluding an agreement are only permitted due to legal regulations.

Price increases after 3 months are only allowed if agreed and:

due to legal regulations, or
the consumer may terminate the agreement on the date the increase takes effect.

Prices include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for such errors.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that products/services comply with the agreement, specifications, reasonable expectations, and legal requirements.

Any guarantees provided by the entrepreneur, manufacturer, or importer do not affect the consumer’s legal rights.

Defects or incorrect deliveries must be reported within 2 months.

The warranty period corresponds to the manufacturer’s warranty. The entrepreneur is not responsible for the ultimate suitability of products for each individual use.

Warranty does not apply if:

the consumer has repaired/altered the product;
the product is exposed to abnormal conditions or treated improperly;
defects arise due to government regulations on materials.

Article 11 – Delivery and Execution

Entrepreneur will exercise due care.

Delivery address is the address provided by the consumer.

Orders will be executed within 30 days unless otherwise agreed. If delayed, the consumer will be informed within 30 days and may cancel the agreement.

Delivery periods are indicative only.

If canceled due to delay, the consumer will be refunded within 14 days.

If a product is unavailable, the entrepreneur will provide a replacement article at no extra cost.

Risk of damage/loss remains with the entrepreneur until delivery.

Article 12 – Duration Transactions: Termination and Renewal

Termination

The consumer may terminate an indefinite duration agreement with one month notice.

A fixed-term agreement may be canceled at the end of its term with one month notice.

Termination must always be possible in the same manner as the agreement was entered.

Renewal

Fixed-term agreements may not be renewed automatically, except for newspapers/magazines up to 3 months.

Duration

Agreements longer than one year may be terminated by the consumer after one year with one month notice.

Article 13 – Payment

Unless otherwise agreed, payment must occur within 7 working days after the cooling-off period begins.

The consumer must report incorrect payment information immediately.

If the consumer fails to pay, the entrepreneur may charge reasonable costs.

Article 14 – Complaints Procedure

The entrepreneur has a complaints procedure and handles complaints accordingly.

Complaints must be submitted within 2 months after discovery.

The entrepreneur responds within 14 days.

If a complaint cannot be resolved, a dispute arises.

Complaints can also be submitted via the EU ODR platform: http://ec.europa.eu/odr.

A complaint does not suspend obligations unless confirmed by the entrepreneur.

If justified, the entrepreneur will repair or replace products free of charge.

Article 15 – Disputes

Dutch law exclusively applies, even if the consumer lives abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions must not disadvantage the consumer and must be recorded in writing or on a durable data carrier.