Terms of service

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are delivered by the trader or by a third party on the basis of an agreement between that third party and the trader;
Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data that is produced and delivered in digital form;
Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content for a certain period;
Durable data carrier: any tool, including email, that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Distance contract: a contract concluded between the trader and the consumer under an organised system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions; Appendix I does not need to be made available if the consumer does not have a right of withdrawal with regard to their order;
Means of distance communication: a means that can be used to conclude an agreement without the consumer and the trader having to be physically present in the same space at the same time.

Article 2 - Identity of the trader

Trader name: WOOOD

Trading under the name(s): WOOOD and woood.nl

Registered address (Chamber of Commerce): Jan Tinbergenweg 1 | 1689 ZV | Zwaag (NL)

Visiting address: Jan Tinbergenweg 1 | 1689 ZV | Zwaag (NL)

Telephone number: +31 (0)88-2290111

Availability: Monday to Friday from 8:30 a.m. to 5:00 p.m.

Email address: info@woood.nl

Chamber of Commerce number: 37068523

VAT number: NL803355361B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
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, the trader will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, 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 data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.
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 conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 4 - The offer

If an offer has a limited period of validity 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, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can terminate the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
The trader 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 trader has good grounds not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The trader shall provide the consumer with the following information in writing or in such a way that it can be stored on a durable data carrier in an accessible manner, at the latest upon delivery of the product, service or digital content:

the visiting address of the trader's establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

The consumer may terminate an agreement relating to the purchase of a product during a cooling-off period of 30 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
in the case of agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
Extended cooling-off period for products in the absence of information about the right of withdrawal:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from the handling of the product beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the trader has failed to provide him with all legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he shall notify the trader of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the trader has not indicated that the consumer must bear these costs or if the trader indicates that he will bear the costs himself, the consumer does not have to bear the costs of returning the product.
If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity that are not made ready for sale in a limited volume or quantity during the cooling-off period, the consumer shall owe the trader an amount proportional to that part of the agreement that has been fulfilled by the trader at the time of withdrawal, compared to the full fulfilment of the agreement.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or
the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.

The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:

he has not expressly agreed prior to delivery to commence performance of the contract before the end of the cooling-off period;
he has not acknowledged that he will lose his right of withdrawal when giving his consent; or
the trader has failed to confirm this statement by the consumer.

If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 - Obligations of the trader in the event of withdrawal

If the trader enables the consumer to notify his withdrawal electronically, he shall send a confirmation of receipt immediately after receiving this notification.
The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
The trader shall use the same means of payment for the refund as the consumer has used, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract:

Products or services whose price is dependent on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period
Contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the trader to consumers who are physically present or have the opportunity to be physically present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:

the performance has begun with the consumer's express prior consent; and
the consumer has declared that he loses his right of withdrawal once the trader has fully performed the agreement;

Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, by their nature, have been irrevocably mixed with other products after delivery;
Alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions to them;
The delivery of digital content other than on a tangible medium, but only if:

the performance has begun with the consumer's express prior consent; and
the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

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

Article 12 - Fulfilment of the agreement and additional guarantee

The trader guarantees that the products and/or services comply with 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 trader also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement if the trader has failed to fulfil its part of the agreement.
An additional guarantee is understood to mean any commitment by the trader, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

Article 13 - Delivery and performance

The trader will take 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 that the consumer has made known to the trader.
If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to compensation.
After termination in accordance with the previous paragraph, the trader shall immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 - Continuing performance contracts: duration, termination and renewal

Termination:

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 the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and not be limited to termination at a specific time or during a specific period;
at least in the same manner as they were entered into by him;
always with the same notice period as the trader has stipulated for himself.

Renewal:

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
Notwithstanding the previous paragraph, an agreement entered into for a fixed period and covering the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
A contract that has been entered into for a fixed period and that covers the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period shall not exceed three months in the case of a contract for the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall automatically end at the end of the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period shall commence on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to immediately report any inaccuracies in the payment details provided or stated to the trader.
If the consumer fails to meet his payment obligation(s) on time, after the trader has notified him of the late payment and the trader has granted the consumer a period of 14 days, starting on the day after receipt of the reminder, to still meet his payment obligations, after failure to pay within this 14-day -term, the statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in favour of the consumer.

Article 16 - Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the trader in full and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the trader 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 will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must in any case give the trader 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted their complaint to the trader within a reasonable period of time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the trader.
If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. The consumer should preferably first report this to the trader.
If the trader wishes to submit a dispute to the Disputes Committee, the consumer must, within five weeks of a written request to that effect from the trader, state in writing whether he also wishes to do so or whether he wishes to have the dispute dealt with by the competent court. If the trader does not hear from the consumer within the five-week period, the trader is entitled to submit the dispute to the competent court.
The Disputes Committee will not handle a dispute or will discontinue handling it if the trader has been granted a moratorium, has gone bankrupt or has actually ceased its business activities before a dispute has been heard by the committee and a final decision has been made.

Article 18 - 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 laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

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