Terms and Conditions

Table of contents

Article 1 – Definitions

Article 2 – The identity of the trader

Article 3 – Applicability

Article 4 – The offer

Article 5 – The conclusion of the contract

Article 6 – Right of withdrawal

Article 7 – Costs in the event of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Warranty and guarantee

Article 11 – Delivery and performance

Article 12 – Continuing performance: Duration, termination and renewal

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or derogating provisions


Article 1 – Definitions

In this GTC, the following terms have the following meanings

(1) ‘cooling-off period’ means the period during which the consumer may exercise his right of withdrawal

2. consumer: the natural person who is not acting in the exercise of a trade or profession and who concludes a distance contract with the trader

(3) Day: calendar day;

(4) ‘longer-term transaction’ means a distance agreement concerning a set of products and/or services, the obligation to supply and/or to take delivery of which extends over a specified period

(5) ‘durable medium’ means any instrument which enables the consumer or trader to store information addressed personally to him in a way accessible for future consultation and reproduction in an unchanged form

(6) Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

(7) ‘model withdrawal form’ means the model withdrawal form provided by the trader for a consumer to complete when exercising his right of withdrawal.

(8) Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;

(9) ‘distance contract’ means a contract where, under a system organised by the trader for the distance sales of goods and/or services, only one or more means of distance communication are used up to the time of the conclusion of the contract

(10) ‘means of distance communication’ means any means that can be used to conclude an agreement without the consumer and the trader being in the same room at the same time.

11. general terms and conditions (GTC): these general terms and conditions of the trader.


Article 2 – Identity of the Entrepreneur

Abdiwahab Ali;

MyWand

Telephone number: 06-84613589

E-mail address: info@mijnwand.nl

Chamber of Commerce number: 74065467

BTW-Identifikationsnummer: NL002508789B50


Article 3 – Applicability

(1) These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

(2) Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. Where this is not reasonably possible, it shall be stated before the distance contract is concluded that the general terms and conditions may be consulted at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request. 3.

3. by way of derogation from the previous paragraph, where the distance contract is concluded by electronic means, the text of these general terms and conditions shall be made available to the consumer in electronic form before the conclusion of the distance contract in such a way that the consumer can easily store it on a durable medium. Where this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, either electronically or by other means, at the consumer’s request.

4. in the event that special product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and the consumer may always rely on the most favourable applicable provision in the event of conflicting general terms and conditions.

5. if one or more provisions of these general terms and conditions should at any time be null and void or be annulled in whole or in part, the remaining provisions of the contract and these general terms and conditions shall remain in force and the provision in question shall be replaced without delay by mutual agreement by a provision that comes as close as possible to the scope of the original provision.

6. situations not covered by these General Terms and Conditions must be judged “in the spirit” of these General Terms and Conditions.

7. ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted “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 subject to conditions, this must be expressly stated in the offer. 2) The offer is subject to confirmation.

2 The offer is subject to confirmation. The Entrepreneur is entitled to amend and adjust the offer. 3.

3. the offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to adequately evaluate the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer are not binding on the Entrepreneur. 4.

4. all images, specifications and data in the offer are indicative and cannot give rise to any compensation or dissolution of the agreement.

5. the images of the products are a faithful representation of the products offered. The Company cannot guarantee that the colours, sizes and textures shown will exactly match the actual colours and sizes of the Products.

6. each offer contains information from which the consumer can see what rights and obligations are associated with the acceptance of the offer. This concerns in particular:

– the price including taxes;

– the cost of shipping;

– The manner in which the agreement will be concluded and the steps required to conclude it;

– Whether or not the right of withdrawal is applicable;

– The method of payment, delivery and performance of the agreement;

– The time limit for acceptance of the offer or the period within which the trader guarantees the price;

– the level of the tariff for distance communication, if the cost of using the technology for distance communication is calculated on a basis other than the regular basic tariff for the means of communication used;

– whether the agreement is archived after its conclusion and, if so, how it can be accessed by the consumer;

– the manner in which the consumer can verify and, if desired, correct the information provided by him under the agreement before it is concluded;

– any languages other than Dutch in which the agreement may be concluded;

– the codes of conduct to which the trader is subject and the way in which the consumer can consult those codes of conduct electronically; and

– the minimum duration of the distance contract in the case of a longer transaction.


Article 5 – The conclusion of the contract

(1) The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and the conditions set out therein are fulfilled.

(2) If the consumer has accepted the offer electronically, the trader will acknowledge receipt of the electronic acceptance of the offer without delay. As long as this acceptance has not been confirmed by the trader, the consumer may dissolve the contract. 3.

(3) If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to protect the electronic transmission of data and ensure a secure internet environment. If the consumer has the option of paying electronically, the trader shall take appropriate security measures. 4.

4. the trader may obtain information – within the limits of the law – about the consumer’s ability to meet his payment obligations and about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to conclude the contract, he is entitled to refuse an order or request or to make their execution subject to special conditions.

5. the trader will provide the consumer, together with the product or service, with the following information in writing or in such a way that the consumer can store it in an accessible way on a durable medium:

– the address of the trader’s place of business where the consumer can lodge his complaint;

– the conditions and manner in which the consumer may exercise his right of withdrawal or a clear statement of the exclusion of the right of withdrawal;

– the information on guarantees and the existing after-sales service;

– the data referred to in Article 4(3) of these conditions, unless the trader has already communicated them to the consumer before the conclusion of the contract;

– the conditions for terminating the agreement are if the agreement has a duration of more than one year or is of indefinite duration.

6. in the case of a long-term transaction, the provision of the previous paragraph shall apply only to the first delivery.

(7) Each agreement is concluded subject to the condition precedent of sufficient availability of the products concerned.


Article 6 – Right of withdrawal

In the case of delivery of products:

1. in the case of the purchase of products, the consumer has the possibility to dissolve the agreement within 14 days without giving any reason. This cooling-off period starts on the day following receipt of the Product by the Consumer or a representative previously appointed by the Consumer and the Entrepreneur.

2. during the cooling-off period, the consumer will handle the product and the packaging with care. He will unpack or use the product only to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to the trader with all accessories and, as far as reasonable, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader. 3.

3. if the consumer wishes to exercise his right of withdrawal, he must inform the trader within 14 days of receipt of the product. The consumer must do this using the model form or another means of communication such as an e-mail. After the consumer has communicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must provide proof that the delivered product was returned in time, e.g. by providing proof of dispatch. 4.

4. if, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the trader, the purchase is a fact.


In the case of the provision of services:

1. in the case of the provision of services, the consumer has the possibility to cancel the contract without giving any reason within a period of at least 14 days from the day of the conclusion of the contract.

2. in order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions given by the trader in the offer and / or at the latest upon delivery.


Article 7 – Costs in the event of withdrawal

1. if the consumer exercises his right of withdrawal, he shall bear at most the costs of returning the goods.

2. if the consumer has paid an amount, the trader shall refund this amount as soon as possible, but at the latest within 14 days of the withdrawal. This is on the condition that the goods have already been received by the trader or conclusive proof of the return can be provided. The refund shall be made via the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method. 3.

3. if the goods are damaged as a result of improper handling by the consumer, the consumer shall be responsible for any reduction in the value of the goods.

(4) The consumer cannot be held liable for any reduction in the value of the goods if the trader has not provided all the information required by law on the right of withdrawal; this must be done before the conclusion of the sales contract.


Article 8 – Exclusion of the right of withdrawal

(1) The trader may exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.

2. the exclusion of the right of withdrawal is only possible for products

– that have been created by the trader according to the consumer’s specifications;

– which are clearly of a personal nature

– which cannot be returned due to their nature; or

– which spoil quickly or age;

– whose price is subject to fluctuations on the financial market over which the trader has no control;

– for individual newspapers and periodicals;

– for audio and video recordings and computer software, the seals of which have been unsealed by the consumer

– for hygiene products whose seal has been broken by the consumer.

3. the exclusion of the right of withdrawal is only possible in the case of services

– relating to accommodation, transport, hospitality or leisure activities to be performed on a specific date or during a specific period of time

– the supply of which has begun, with the express consent of the consumer, before the expiry of the cooling-off period;

– on betting and lotteries.


Article 9 – The price

1. during the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, with the exception of 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 beyond his control at variable prices. In the offer, reference is made to this connection with fluctuations and to the fact that the prices quoted are recommended prices. 

3. price increases within 3 months after the conclusion of the contract are only permissible if they result from legal regulations or provisions.

4. price increases from 3 months after the conclusion of the contract are only permissible if the entrepreneur has agreed on them and: 

– they are the result of statutory provisions or regulations; or

– the consumer is entitled to terminate the contract on the day on which the price increase takes effect.

5. the prices quoted in the offer of the products or services include VAT.

6. all prices are subject to printing errors and mistakes. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing errors, the Entrepreneur is not obliged to deliver the goods at the incorrect price.


Article 10 – Compliance and warranty

1. the entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements for reliability and/or usability and the statutory provisions and/or official regulations existing at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use. 2.

2. a guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader on the basis of the agreement.

3. any defects or incorrectly delivered products should be notified to the entrepreneur in writing within 2 months of delivery. The products must be returned in the original packaging and in a new condition.

4. the warranty period of the entrepreneur corresponds to the factory warranty period. However, the Entrepreneur shall never be responsible for the ultimate suitability of the Products for each and every application by the Consumer, nor for any advice as to the use or application of the Products.

5. the guarantee does not apply if:

– the consumer has repaired and/or modified the products supplied himself or has had them repaired and/or modified by a third party;

– the delivered products have been exposed to abnormal conditions or have otherwise been treated negligently or have been treated contrary to the instructions of the trader and/or the packaging;

– the defectiveness is wholly or partly due to regulations which the State has adopted or will adopt with regard to the nature or quality of the materials used.


Article 11 – Delivery and performance

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

(2) The place of delivery is the address given to the trader by the consumer.

3. subject to the provisions of paragraph 4 of this Article, the business shall fulfil accepted orders expeditiously and at least within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be informed of this within 30 days of placing the order. In this case, the consumer has the right to dissolve the contract free of charge. The consumer has no right to compensation. 

4. all delivery periods are indicative. The consumer cannot derive any rights from the stated delivery dates. Exceeding a deadline does not entitle the consumer to compensation.

5. in the event of dissolution as referred to in paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of dissolution.

(6) If it is not possible to deliver a product ordered, the trader will endeavour to provide a replacement item. The fact that a replacement item will be supplied will be communicated in a clear and comprehensible manner at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of the return shipment shall be borne by the Entrepreneur. 7.

7. the risk of damage and/or loss of products lies with the trader until the moment of handover to the consumer or a previously designated representative notified to the trader, unless expressly agreed otherwise.


Article 12 – Extended term transactions: duration, termination and extension

Term

(1) The consumer may terminate an indefinite duration contract covering the regular supply of products (including electricity) or services at any time by giving up to one month’s notice in accordance with the agreed termination rules.

2. the consumer may terminate a fixed-term contract covering the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the applicable termination rules and a notice period not exceeding one month.

3. the consumer may terminate the agreements referred to in the preceding paragraphs:

– terminate them at any time and not be restricted to termination at a particular time or within a particular period;

– or at least terminate them in the same way as they were concluded by him;

– always terminate them with the same notice period as the trader has set for himself.

Extension

(1) A contract concluded for a specified period and covering the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a specified period.

(2) Notwithstanding the preceding paragraph, a fixed-term contract for the periodic supply of daily or weekly newspapers or periodicals may be tacitly renewed for a period not exceeding three months if the consumer has the right to terminate the renewed contract before the expiry of the renewal period by giving not more than one month’s notice.

(3) A fixed-term contract for the periodic supply of goods or services may be automatically renewed for an indefinite period only if the consumer has the right to terminate the contract at any time by giving not more than one month’s notice, which may not exceed three months if the contract is for the periodic supply of daily or weekly newspapers or periodicals, but less than once a month.

4. a temporary contract for the regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end upon expiry of the trial or introductory period.

Duration

1. if a contract lasts longer than one year, the consumer may terminate it at any time after the expiry of one year by giving up to one month’s notice, unless reasonableness and fairness prevent termination before the expiry of the agreed duration.


Article 13 – Payment

(1) Unless a different date has been agreed, the sums payable by the consumer shall be paid within 7 working days of the beginning of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement. 2.

2. the consumer has a duty to inform the trader immediately of any inaccuracies in the payment details provided.

(3) In the event of non-payment by the consumer, the trader shall be entitled, subject to statutory limitations, to charge the consumer for any reasonable costs notified to the consumer in advance.


Article 14 – Complaint procedure

(1) The trader shall have a sufficiently well-publicised complaints procedure and shall deal with the complaint in accordance with that complaints procedure.

(2) Complaints about the performance of the contract must be fully and clearly described and submitted to the trader within two months of the consumer’s discovery of the shortcomings.

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 trader shall reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

4. if the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.

5. in the event of complaints, the consumer should first contact the trader. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved amicably, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check via https://www.webwinkelkeur.nl/ledenlijst/ whether this webshop has a current membership. If there is still no solution, the consumer has the option of having his complaint dealt with by the independent dispute resolution commission set up by the Stichting WebwinkelKeur, whose judgement is binding and with which both the trader and the consumer agree. Submitting a dispute to this dispute resolution committee involves costs that consumers must pay to the committee. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).

6. a complaint shall not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.

7. if a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.


Article 15 – Disputes

(1) Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.

2 The Vienna Sales Convention does not apply.


Article 16 – Additional or different provisions

Additional terms or terms that deviate from these general terms and conditions may not be detrimental to the consumer and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.


De waardering van mijnwand.com/ bij Webwinkel Keurmerk Klantbeoordelingen is 9.3/10 gebaseerd op 15 reviews.