General Terms

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 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Conformity and guarantee

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 different provisions

Article 1 - Definitions

For the purposes of these terms and conditions:

  1. : 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 and entering into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. During transaction: a distance contract relating to a series of products and/or services, of which the supply and/or purchase obligation is spread over time;
  5. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form made available by the entrepreneur that a consumer can fill in when he wants to make use of his right of withdrawal.
  8. Business operator: the natural or legal person who offers products and/or services at a distance to consumers;
  9. Agreement at a distance: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication;
  10. Techniek voor communicatie op afstand: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being in the same room at the same time.
  11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur

Article 2 - Identity of the entrepreneur

Gingerless. acting under the name: walljar.com;

Schiekade 189

3013 BR Rotterdam, the Netherlands

Telephone number: +3110-2613977
Accessibility: Monday to Friday, between 9:30 and 18:00 (except on public holidays)

E-mail address: info@walljar. com

KvK number: 72235675

VAT identification number: 859040574B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders placed between entrepreneur and consumer.
  2. 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 text of these general terms and conditions will be made available to the consumer electronically before the distance contract is concluded in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  3. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can, in the event of conflicting general terms and conditions, always invoke the applicable provision that is most favourable to him.
  4. If one or more provisions in these general terms and conditions are at any time wholly or partially void or nullified, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced immediately by a provision that approximates the purport of the original as closely as possible.
  5. Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  6. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained '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 without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
  4. All images, specifications data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
  5. Pictures of products are a faithful representation of the products offered. Entrepreneur can not guarantee that the displayed colors correspond exactly with the real colors of the products.
  6. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular
    :
  • the price including taxes;
  • the possible costs of shipment;
  • the way in which the contract will be concluded and what actions are necessary for this;
  • the whether or not the right of withdrawal applies;
  • the method of payment, delivery and performance of the contract;
  • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
  • the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
  • of the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and if desired correct it; the possible other languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur 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 case of an endurance transaction.

    Article 5 - The agreement

    1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set therein.
    2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
    3. If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader will take appropriate security measures.
    4. .The entrepreneur can - within the legal framework - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the operator has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
    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 manner on a durable medium:
    6. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
    7. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification concerning the exclusion of the right of withdrawal;
    8. the information about guarantees and existing after-sales service;
    9. the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these data prior to 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 event of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
    12. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

    Article 6 - Right of withdrawal

    Upon delivery of products:

    1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a representative appointed by the consumer in advance and announced to the entrepreneur.
    2. During the cooling off period, the consumer will handle the product and 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 with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days.The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
    3. If, after the expiry of the periods mentioned in paragraph 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

    With delivery of services:

    1. With delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for a period of at least 14 days, starting on the day of entering into the agreement.
    2. In order to exercise his right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the entrepreneur when making the offer and/or at the latest upon delivery.

    Click here for the return form.

    Article 7 - Costs in case of revocation

    1. If the consumer makes use of his right of revocation, at most the costs of return will be at his expense.
    2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Reimbursement will take place via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
    3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
    4. The consumer cannot be held liable for any reduction in value of the product when the entrepreneur has not provided all the legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.

    Article 8 - Exclusion of the right of withdrawal

    1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
    2. Exclusion of the right of withdrawal is only possible for products:
    3. which have been brought about by the entrepreneur in accordance with the consumer's specifications;
    4. which are clearly of a personal nature;
    5. which cannot be returned due to their nature;
    6. which can spoil or age quickly;
    7. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    8. for individual newspapers and magazines;
    9. for audio and video recordings and computer software whose seal has been broken by the consumer.
    10. for hygienic products of which the consumer has broken the seal.
    11. Inclusion of the right of withdrawal is only possible for services:
    12. relating to accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
    13. of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
    14. relating to betting and lotteries.

    Article 9 - The price

    1. For the period of validity indicated 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. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices.
    3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
    4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
    5. that they are the result of statutory regulations or provisions; or
    6. the consumer has the power to terminate the contract with effect from the date on which the contract is concluded. The prices mentioned in the offer of products or services include VAT.
    7. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

    Article 10 - Conformity and Warranty

    1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
    2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert. Eventual defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
    3. The warranty does not apply if:
    • The consumer has repaired the delivered products himself and/or has had them repaired and/or processed by third parties;
    • The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and / or on the packaging have been treated; The unsoundness in whole or in part is the result of regulations that the government has set or will set with regard to the nature or the quality of the materials used.

    Article 11 - Delivery and execution

    1. The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
    2. The place of delivery is the address that the consumer has made known to the company.
    3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notice of this at the latest 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer has no right to compensation.
    4. All delivery periods are indicative. The consumer can not 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. If delivery of an ordered product proves impossible, the entrepreneur will endeavour to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
    7. The risk of damage and/or loss of products rests with the entrepreneur up to the time of delivery to the consumer or a previously appointed and announced representative, unless expressly agreed otherwise.

    Article 12 - Duration transactions: duration, termination and prolongation

    Cancellation

    1. The consumer may at any time terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice of up to one month.
    2. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the indefinite period terminate the contract subject to the agreed termination rules and a notice of up to one month.
    3. The consumer can the agreements mentioned in the previous paragraphs:
    • to cancel at any time and not be limited to cancellation at a specific time or in a specific period;
    • at least cancel in the same way as they were entered into by him;
    • with the same notice period as the entrepreneur has stipulated for himself/herself.

    Extension

    1. A contract entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
    2. In deviation from the preceding paragraph, a fixed-term contract that has been concluded and that extends to the regular delivery of daily news and weekly newspapers and magazines may not be tacitly renewed for a fixed period of up to three months, if the consumer this extended contract at the end of the extension may terminate with a notice of up to one month.
    3. A fixed-term contract which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months if the contract is intended to regularly, but less than once a month, deliver daily, news and weekly newspapers and magazines.
    4. An agreement with a limited duration for the regular delivery of daily and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

    Length

    1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness oppose termination before the end of the agreed term.

    Article 13 - Payment

    1. If not otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
    2. The consumer has the obligation to report inaccuracies in provided or mentioned payment details to the entrepreneur without delay.
    3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

    Article 14 - Complaints procedure

    1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
    2. Complaints about the implementation of the agreement must be submitted within 7 days fully and clearly described to the entrepreneur, after the consumer has discovered 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 foreseeable longer processing time, the trader within the period of 14 days answered with a message of receipt and an indication when the consumer can expect a more detailed answer.
    4. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute resolution.
    5. With complaints, a consumer should first turn to the trader. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
    6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
    7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at her discretion, replace or repair the delivered products free of charge.

    Article 15 - Disputes

    1. On agreements between the entrepreneur and the consumer to which these general terms and conditions relate, only Dutch law applies. Even if the consumer lives abroad.
    2. The Vienna Sales Convention does not apply.

    Article 16 - Additional or different provisions

    Additional or different provisions 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.

    Additional or different provisions 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.