Terms and conditions - webshop

These general terms and conditions apply exclusively to goods sold through the webshop www.henriwillig.com. 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Article 2 - Identity of the Entrepreneur

HenriWillig.com (part of Henri Willig Kaas BV)
Hoogedijk 8, 1145PM, Katwoude
Telephone number: +31299655151
Email address: info@henriwillig.com
Chamber of Commerce number: 36037970
VAT identification number: NL006196238B01

Article 3 - The Offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in 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, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

Article 4 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set therein.

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

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.

Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request or attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information together with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints

Article 5a - Right of Withdrawal for the Delivery of Products

1. You have the right to withdraw from the agreement within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which you, or a third party designated by you who is not the carrier, physically takes possession of the goods.
2. During this period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 5b - Right of Withdrawal for the Delivery of Services

In the case of the provision of services, the consumer has the possibility to dissolve the agreement without giving reasons within 14 working days, commencing on the day the agreement was concluded.

To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 6 - Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, at most the costs of return shipping shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 7 - Exclusion of the Right of Withdrawal

If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if this has been clearly stated in the offer, at least in good time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:

• that have been created by the entrepreneur according to the consumer’s specifications;
• that are clearly personal in nature;
• that by their nature cannot be returned;
• that spoil or age quickly;
• whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
• for individual newspapers and magazines;
• for audio and video recordings and computer software if the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

• relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
• whose delivery has started with the consumer’s express consent before the cooling-off period has expired;
• relating to betting and lotteries.

Article 8 - The Price

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market beyond the entrepreneur’s control. This dependency on fluctuations and the fact that any stated prices are indicative prices shall be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• they result from statutory regulations or provisions; or
• the consumer has the right to terminate the agreement on the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 9 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded.

A warranty arrangement offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer may assert against the entrepreneur regarding a failure in the performance of the entrepreneur’s obligations under the law and/or the distance agreement.

Article 10 - Delivery and Execution

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address made known to the company by the consumer. Deliveries to a PO Box address are unfortunately not possible.

Subject to the provisions stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be informed of this no later than one month after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge and is entitled to possible compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it shall be stated clearly and understandably that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipping shall be borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.

If the consumer gives the carrier permission to leave the package without a signature for receipt at a location designated by the consumer (permission to leave), the risk of damage and/or loss of the package passes to the consumer from the moment the package is left there.

For international deliveries, additional charges such as import duties and/or customs fees may apply to the shipment depending on the legislation applicable in the destination country. These charges are not included and are therefore the responsibility of the recipient. 

Article 11 - Extended Transactions

The consumer may terminate an agreement concluded for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.

An agreement concluded for a definite period has a maximum duration of two years. If it has been agreed that the distance agreement will be extended tacitly if the consumer remains silent, the agreement shall continue as an agreement for an indefinite period and the notice period after continuation of the agreement shall be no more than one month.

Article 12 - Payment

Unless agreed otherwise at a later stage, amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after the documents relating to the agreement have been issued.

In the sale of products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. When prepayment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated prepayment has been made.

The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

Article 13 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

Article 14 - Additional or Deviating Provisions

Additional provisions or provisions deviating 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.