Terms & conditions

Article 1 – Definitions

In these terms, the following terms are defined:

Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity;
Day: calendar day;
Durable data carrier: any tool, including email, that enables the consumer or entrepreneur to store information directed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the reflection period;
Entrepreneur: Wanderlights, located at Jan Heinsstraat 24, 5211 TD ‘s-Hertogenbosch, and registered with the Chamber of Commerce under number 81936656, also available at: www.wanderlights.com;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, whereby the conclusion of the contract is exclusively or partly made using one or more techniques for distance communication;
Technique for distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur having to come together simultaneously in the same space;

Article 2 – Identity of the Entrepreneur

Name: Wanderlights (Postal)
Address: Jan Heinsstraat 24, 5211 TD ‘s-Hertogenbosch
Email address: info@wanderlights.com
Chamber of Commerce number: 81936656

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur 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 entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed by the consumer and that they will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it 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 viewed electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4 – The offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur 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 entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
Within the legal frameworks, the entrepreneur can inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
At the latest upon delivery of the product to the consumer, the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
1. The email address of the entrepreneur where the consumer can address complaints;
2. 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;
3. Information about guarantees and existing after-sales service;
4. The price including all taxes of the product; where applicable, the costs of delivery; and the method of payment and delivery of the distance agreement;
5. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
In the case of a lasting transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

The consumer can dissolve an agreement relating to the purchase of a product within a reflection period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot require him to provide his reasons.
The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product.

Article 7 – Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics 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 store. In the case of Wanderlights Candles, they should not be lit.
The consumer is only liable for the depreciation of the product that is the result of handling the product in a way that goes beyond what is permitted in paragraph 1.

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

If the consumer exercises his right of withdrawal, he will report this within the reflection period by email to the entrepreneur.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
The consumer returns the product with all delivered accessories, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product.
If the consumer exercises his right of withdrawal, all additional agreements are legally dissolved.

Article 9 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes it possible for the consumer to report the withdrawal electronically, he will immediately send a confirmation of receipt after receiving this report.
The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer reports the withdrawal to him. The entrepreneur waits to repay until he has received the product.
The entrepreneur uses the same means of payment that the consumer used for repayment, unless the consumer agrees to another method. Repayment is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

Products whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period
Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products are offered by the entrepreneur to the consumer who is present in person or has the opportunity to be present personally at the auction, conducted by an auctioneer, and where the successful bidder is obliged to take delivery of the products;
Products made according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

Article 11 – The price

During the validity period mentioned in the offer, the prices of the offered products will not be increased, except for price changes as a result of changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur can offer products whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated with the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
1. These are the result of legal regulations or provisions; or
2. The consumer has the authority to terminate the agreement from the day the price increase takes effect.
The prices mentioned in the offer of products include VAT and shipping costs to an address in the Netherlands.

Article 12 – Fulfillment of the agreement and additional warranty

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

Article 13 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The address specified by the consumer to the entrepreneur applies as the place of delivery.
Subject to what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but within 30 days at the latest, unless another delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination, and extension

Termination:

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products at any time with due observance of the agreed termination rules and a notice period of at most one month.
The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products at any time at the end of the definite period with due observance of the agreed termination rules and a notice period of at most one month. The consumer can terminate the agreements mentioned in the previous paragraphs:
The consumer can terminate the agreements mentioned in the previous paragraphs:
- At any time and is not limited to termination at a specific time or in a specific period;
- Terminate at least by email to the entrepreneur;
- Always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

An agreement that has been entered into for a definite period and that extends to the regular delivery of products may not be tacitly extended or renewed for a definite duration.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products may only be tacitly extended for an indefinite duration if the consumer can terminate it at any time with a notice period of at most one month.

Duration:

If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of at most one month, unless the reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Payment to the entrepreneur must be made before delivery, unless other agreements have been made.
Handling and shipping of the ordered items will take place after payment has been confirmed by the bank.
The following information will be requested: name, address, postal code, telephone number, email address, payment details, and shipping address if different from the previously mentioned address.
Then an email will automatically be sent to the consumer with a confirmation number for the order.
In accordance with the law on personal registration, no information will be passed on to third parties; the exception to this is parties involved in executing the order.
The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur immediately.

Article 16 – Complaints procedure

Complaints must be submitted via the email or postal address of the entrepreneur.

Article 17 – Disputes

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Disputes between the entrepreneur and the consumer will only be settled by the competent court of the Oost-Brabant District Court.