General Delivery Conditions Wolk webshop
The capitalised words and expressions in these General Delivery Conditions have the meanings given below:
- User Manual: the user manual supplied to the Buyer together with the Products.
- Intellectual Property Rights: all intellectual property rights applicable pursuant to Dutch, European, and/or foreign laws and regulations and/or international conventions, including (rights to) patents and patent applications, trademarks and trademark applications whether registered or not, copyrights, database rights, domain names, and other comparable rights to know-how, and other intellectual property rights.
- Buyer: the party to whom the Seller sold the Products via the Website.
- Agreement: the purchase agreement concluded between the Parties via the Website.
- Parties: Seller and Buyer.
- Products: the Wolk products that Buyer bought from the Seller via the Website.
- Seller: Wolk B.V., a private limited liability company under Dutch law, with its registered office in The Hague and its place of business at Anna van Hannoverstraat 4 in (2595 BJ) The Hague, listed in the Chamber of Commerce under number 58151362, also the user of these General Delivery Conditions.
- Website: https://www.wolkairbag.com/.
Article 1 Formation of the Agreement
- The Agreement will come into effect when the Buyer accepts the Seller’s offer on the Website.
- The Buyer has accepted the applicability of these General Delivery Conditions no later than at the time of the formation of the Agreement and has downloaded a copy thereof. In doing so, these General Delivery Conditions form an integral part of this Agreement.
Article 2 Payment & Delivery
- The webshop supports the following payment methods: iDEAL and CreditCard (Mastercard, Maestro, VISA, AmericanExpress, VPAY, Cartes Bancaires and CartaSi).
- Delivery of the Products is intended to take place within five business days after the Buyer’s order via the Website, if in stock. This is explicitly considered to be a best-efforts obligation for the Seller.
- Delivery, and consequently the transfer of risks and transfer of property, will take place upon receipt of the Products at the address the Buyer indicated on the Website, unless the Parties explicitly agreed on another address for delivery in writing.
Article 3 Guarantees
- Seller only guarantees that the Products comply with the following specifications (“Guarantee”) at the time of Delivery:
- Weighs approximately 450g (weight varies per size);
- Inflates automatically;
- Has a rechargeable battery which lasts a couple of days when fully charged;
- Inflates one or two airbags in the event of a detected fall;
- Is properly packaged;
- Is CE-certified.
- The Guarantee is valid for a period of one year (twelve months) from the Delivery of the Product to the Buyer. During this period the Seller will repair for its own account all defects under the Guarantee to the extent attributable to material errors, construction flaws, or design defects.
- With reference to the extensive warnings in respect of (the use of) the Products in the User Manual, the Buyer is aware that:
- personal injury cannot be avoided at all times by using the Products;
- caution remains needed;
- the Products do not protect against every possible fall and cannot prevent (serious) bodily harm in all cases;
- the Products contain motion sensors to recognise a fall. In case of sudden downward movements (not being a fall) the Products may unintentionally be activated. The Products are therefore not suited to be worn during activities with intensive movements such as jumping or running; andhe/she must have the Product checked by the Seller no later than within three years after first use.
Article 4 Liability
- The Seller is only liable towards the Buyer for direct damage which is the direct result of the non-conformity of the Products. The Products are only non-conform if they – in particular in view of the Agreement and the User Manual provided with the Products – do not possess the qualities that the Buyer could reasonably expect.
Article 5 Distance Selling
- Within fourteen days after receipt of the Products, the Buyer will have the right to terminate this Purchase Agreement by sending an email to firstname.lastname@example.org.
- If Buyer uses the abovementioned right of termination, the Buyer will ensure that the Seller will have received the Products within seven days after the notification referred to in Article 5(1). Buyer will bear the costs for the (return) shipment of the Products to the Seller.
- After receipt of the Products by the Seller, the Seller will reimburse the purchase price to the Buyer using the same method of payment as used by the Buyer for the purchase of the Products.
Article 6 Intellectual Property
- The Seller is and will remain exclusively entitled to use all intellectual property rights resting on the Products and/or related intellectual property rights.
Article 7 Choice of law and forum
- In so far as permitted by applicable international private law, this Agreement is exclusively governed by Dutch law.
- In so far as permitted by applicable international private law, any legal disputes arising from or related to the Agreement will be subject to the jurisdiction of the competent court in The Hague.
Article 8 Complaints Procedure
- If you have a complaint regarding the performance of this Agreement, please let us know. Please send your complaint as soon as possible (and described as precisely as possible) to email@example.com. We will handle your complaint as quickly as possible, no later than within five days after receipt of your complaint. If it takes longer to deal with the complaint you will receive a confirmation of your complaint within five days and we let you know when we expect to have a substantial response.
Article 9 Final provisions
- Unless laid down in writing and signed by all Parties to the Agreement, no amendment of, changes to, or additions to the Agreement will be binding between the Parties.
- Unless explicitly laid down in the Agreement, the Parties waive their right to terminate this Purchase Agreement or have it terminated and/or to nullify this Purchase Agreement or have it nullified.