TERMS AND CONDITIONS – WARMWOOL
The following is understood in these Terms and Conditions:
– ‘WarmWool’: WARMWOOL SPRL with registered offices at 1325 Chaumont-Gistoux, Chemin de la Bourlotte 41 and enterprise number 0674.918.575;
– ‘Client’: both Consumers and Companies concluding an agreement with WarmWool;
– ‘Consumer’: any natural person acting for purposes outside its commercial, business, artisanal or professional activity;
– ‘Company’: any natural person or legal person striving for an economic aim in a sustained manner, as well as its associations;
– ‘Party’: WarmWool and the Client;
– ‘Products’: goods sold and services delivered by WarmWool. These Terms and Conditions apply to every agreement between the Parties.
Deviations of, and supplements to these terms and conditions are only valid subject to explicit written agreement. The Client’s terms and conditions do not apply. The Client acknowledges having taken note of the Terms and Conditions, and accepts these in full.
2.Agreements and orders
An order, even by email, only results in an agreement if a purchase order or confirmation email has been presented or sent to the Client. Any quotations, in any form whatsoever, are without any obligation and are valid for 1 month, unless the quotation states a different term.
Product features such as colour, size, weight and otherwise may differ on delivery from the information presented on the website.
In the case of agreements created electronically, WarmWool takes appropriate measures in order to secure the electronic payment environment and the transfer of data.
All prices include VAT, unless WarmWool explicitly states a specific price as ‘excluding VAT’. VAT, all other taxes, charges and levies of any nature whatsoever imposed at present or subsequently by any authority are at all times borne by the Client.
Dispatch and transaction costs are for the Client, and are clearly communicated to him/her.
Special offers are only valid subject to stock and within the period stated.
WarmWool may correct manifest omissions and errors in the range, even after the agreement has been concluded.
The Client must pay the amounts owed immediately after concluding the agreement, unless explicitly agreed otherwise. WarmWool accepts payments by electronic transfer (online banking) and through PayPal. WarmWool is entitled not to accept certain payment methods, and suggests a different payment method in those cases. If the payment is not immediately made in full, a payment term of 14 days from the invoice date applies, unless stated otherwise on the invoice. Invoices are only issued to Companies on request. Nonpayment or incomplete payment on the due date accrues statutory interest, without prior notice of default. WarmWool is entitled to charge the Client for all legal and/or extra-legal collection costs it incurs. These collection costs amount to 10% of the outstanding amount, with a minimum of €50.
The delivery location is the address the Client communicates to WarmWool.
Any stock and delivery terms stated by WarmWool are approximate, and without any obligation. Consumer Orders, which are in stock, are executed within 30 days, unless agreed otherwise.
If a delivery encounters a delay, WarmWool informs the Client of this by email within 7 working days, stating the additional period. In that case, the Client may terminate the agreement, and request the amounts resulting from this be refunded.
The ownership of the goods transfers from WarmWool to the Client on payment of the full amount owed.
The risk of loss of and damage to Products rests with WarmWool until the moment these are received by the Client or its representatives.
6.Right of withdrawal (Article VI.47 et seq Code of Economic Law)
The day following receipt of Products ordered online, the Consumer has a 14-day cooling-off period to withdraw his/her order without stating any reasons. In that case, the Consumer only bears the direct return costs. This right of withdrawal does not apply to customised goods or those produced on demand. The Consumer may withdraw from the agreement using this form:
To: WARMWOOL SPRL, Chemin de la Bourlotte 41, 1325
Chaumont-Gistoux; email: firstname.lastname@example.org
I/We hereby communicate that I/we am/are withdrawing from the purchase agreement concerning the following goods (*):
– Ordered on/Received on(*): …
– Your name/names: …
– Your address: …
– Date: …
– Your signature (only on paper forms)
(*) Delete where appropriate
The Consumer recalling the order, should return the Product at his own risks and expenses. In case of a valid recall, WarmWool will proceed to a refund within 14 days.
The Consumer is liable for the depreciation of the Products by virtue of each use exceeding the actions needed to check their nature, features and functioning.
The Client is obliged to verify Products immediately following receipt. If these are visibly not in accordance with the order, the Client must report this at email@example.com within 48 hours following receipt, or within three working days following the invoice date if a delivery occurs late. If the report is made later, the Client is deemed to have accepted the Product.
If WarmWool considers the complaint founded, after the returned Product has been examined, the Client may choose from (a) a refund with the amount the Client paid as a maximum, or (b) the Product being repaired or replaced free of charge. If the Client wrongly returns the goods, all dispatch costs associated with this are borne by the Client.
The above does not infringe on the statutory warranties toward Consumers for consumer goods (articles 1649bis et seq of the Civil Code) and for concealed faults (articles 1641 and 1649 of the Civil Code).
By virtue of article 6 or 7, products returned are accepted with all accessories delivered and – if reasonably possible – in the original condition and packaging.
WarmWool may suspend its obligation in cases of force majeure. Force majeure is any unforeseeable circumstance independent of the will of WarmWool, including disruptions to telecommunication or payment services, labour disputes at WarmWool or its partners, significant changes to legislation, delays and disruptions with suppliers and/or foreign hauliers. If a situation of force majeure occurs, the Parties are entitled to cancel the agreement, without any right to compensation arising.
WarmWool at all times remains the owner of all copyrights, related rights, brand, diagram and model rights and other intellectual property rights relating to the Products,
WarmWool gathers and uses the information provided by the Client for processing, completing and monitoring the orders. This information is not shared with third parties. If the Client explicitly consents to this, WarmWool may send him/her commercial messages. The Client is able once again to withdraw his/her consent at any moment. The client may at all times request to examine his/her personal details and to have these corrected or deleted, or to have their processing restricted. To do this, the Client sends a request to the free email address firstname.lastname@example.org.
Any agreement between the Parties is governed by Belgian law, without prejudice to the rights of Consumers residing outside Belgium invoking compelling provisions of their national law. Any dispute corresponds to the exclusive authority of the court of the legal district of Waals-Brabant.
Should a provision of these Terms and Conditions be declared void, this has no consequences on the validity of the other provisions of these Terms and Conditions.
If a provision of these Terms and Conditions is invalid for any other reason, yet would have been valid within a more restricted scope, this provision shall automatically apply with the most extensive, more restricted scope in which it is indeed valid.
Should there be any doubt concerning the interpretation of the Terms and Conditions of the contract, the Dutch versions take precedence over the English one.