Terms of service
General Terms and Conditions | www.wingmancondoms.com
Table of contents
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 different provisions
Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
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 who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information 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 waive the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
8. Distance contract: 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, exclusive use is made of one or more techniques for distance communication;
9. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together simultaneously in the same room.
Article 2 - Identity of the entrepreneur
Company name: Wingman International B.V.
Address: Turbinestraat 1B, 1014 AV Amsterdam, The Netherlands
Phone number: +31 (0) 20 308 65 00, available on weekdays from 9 a.m. to 5 p.m.
Email address: info@wingmancondoms.com
Chamber of Commerce number: 89626273
VAT no: NL865045027B01
Article 3 - Applicability.
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and consumers.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur, and they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable. 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 inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any delivery charges;
- the manner in which the agreement will be established and the actions required to do so;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- 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 cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement will be archived after its conclusion, and if so in what way it can be accessed by the consumer;
- the manner in which the consumer, prior to the conclusion of the contract, can check and, if desired, rectify the information provided by him under the contract;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the trader is subject and how the consumer can access these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of an endurance transaction.
Article 5 - The Agreement
1. The agreement, subject to the provisions of paragraph 4, is established at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - 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 entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application 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 way on a durable data carrier:
6. the visiting address of the trader's establishment to which the consumer can address complaints;
7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
8. the information about warranties and existing service after purchase;
9. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
10. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
11. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
1. have the right to withdraw from the contract within a period of 14 days without giving reasons. The withdrawal period expires 14 days from the day on which you or a third party designated by you, who is not the carrier, takes physical possession of the good.
2. To exercise the right of withdrawal, you must inform us Wingman International of your decision to withdraw from the Agreement by an unequivocal statement (e.g. in writing by post, fax or e-mail). You may use the attached model withdrawal form for this purpose, but are not obliged to do so.
3. To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal If you withdraw from the contract, we shall reimburse to you all payments made by you up to that point, including delivery costs (except for any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from the contract. We will reimburse you using the same means of payment with which you made the original transaction, unless you have expressly agreed otherwise; in any event, you will not be charged for such reimbursement.
4. must return or hand over the goods to us Wingman International without delay, but in any event no later than 14 days after the day on which you have communicated the decision to withdraw from the agreement to us. You are on time if you return the goods before the period of 14 days has expired. You shall bear the direct costs of returning the goods.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the direct costs of returning the goods shall be at his own expense
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal
Article 8 - Exclusion of the right of withdrawal.
1. Excluded from the right of withdrawal is a consumer purchase that involves the delivery of: products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
2. products that spoil quickly or have a limited shelf life;
3. products that are not suitable to be returned for reasons of health protection or hygiene and whose seals have been broken after delivery;
4. products that have been irrevocably mixed with other items after delivery due to their nature;
5. alcoholic beverages whose price was agreed upon at the time of purchase, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market beyond your control;
6. audio and video recordings and computer software whose seal has been broken after delivery;
7. newspapers, periodicals or magazines, except a contract for the regular delivery of such publications (a subscription
Article 9 - The price
1. During the validity period stated 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. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
5. these are the result of legal regulations or provisions; or
6. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
7. The prices mentioned in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. 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 can assert against the entrepreneur on the basis of the agreement.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when 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. Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this at the latest 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and renewal
Termination
1. The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract that has been entered into for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
3. The consumer may cancel the agreements mentioned in the previous paragraphs:
o cancel at any time and not be limited to cancellation at a particular time or period;
o
terminate at least in the same manner as they were entered into by him;
o always terminate with the same notice as the entrepreneur has stipulated for himself.
Extension
4. An agreement entered into for a definite period of time, 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.
5. Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
6. A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
8. 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 period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
1. Insofar as not otherwise agreed upon, the amounts owed by the consumer should be paid within 14 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. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
1. The entrepreneur shall have a sufficiently publicized complaint procedure and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Article 15 - Disputes
The European Commission offers an online dispute resolution platform, which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform for dispute resolution.
Article 16 - Additional or different provisions
Additional provisions or provisions deviating from these general 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.
Annex I: Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to revoke the agreement)
a. To:
Wingman International B.V.
Turbinestraat 1B, 1014 AV Amsterdam, The Netherlands
info@wingmancondoms.com
b. I/We* hereby inform/share* you, that I/We* have accepted our agreement regarding
the sale of the following products: [product designation]*
The provision of the following digital content: [digital content designation]*
The provision of the following service: [service designation]*,
revoked/revoked*
c. Ordered on*/received on* [date ordered for services or received for products].
d. [Name of consumer(s)]
e. [Address consumer(s)]
f. [Signature of consumer(s)] (only if this form is submitted on paper)
* Cross out what does not apply or fill in what is applicable.