GENERAL USE & SALES CONDITIONS
Last update 09/06/2020
The website: www.dewonderkamer.be and
the mobile application: De Wonderkamer
(hereinafter jointly the “Platform”)
are an initiative of:
De Laks 8, 2360 Oud-Turnhout,
(VAT). BE 0631 649 053,
(email) [email protected]
After this: “Jonas Seiffermann” or the “seller”
Article 1. Scope
These general terms and conditions of use (hereinafter referred to as "AGV") apply to any visit or use of the Platform and its information by an internet user (hereinafter referred to as "user").
By visiting or using the Platform, the user acknowledges that he / she has read these AGVs and expressly accepts the rights and obligations stated therein.
As an exception, the provisions of the AGVs can be waived by written agreement. Such deviations may consist in amendment, addition or deletion of the provisions to which they relate and do not affect the application of the other provisions of the AGVs.
We reserve the right to change our AGVs at any time and without prior notice, but we undertake to apply the provisions in effect when you used our platform.
If one or more provisions in this AGV are wholly or partially null and void or become null and void, the remaining provisions in this AGV will remain fully applicable.
The seller and the user will then enter into consultations in order to agree on new provisions to replace the invalid or nullified provisions, taking into account as much as possible the purpose and purport of the original provisions.
If there is uncertainty about the explanation of one or more provisions of the AGV, then the explanation must be given to “the spirit” of these provisions.
If a situation arises between parties that is not regulated in the AGV, this situation must be assessed in the spirit of this AGV.
If the seller does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the seller could lose the right to demand strict compliance with the AGV in other cases.
Article 2. Platform
1. Accessibility and navigation
We take all reasonable and necessary measures to ensure the proper functioning, safety and accessibility of the Platform. However, we cannot provide an absolute guarantee of operation and our actions should therefore be considered to be covered by a means commitment.
Any use of the Platform is always at the User's own risk. We are therefore not liable for damage that may result from any malfunctions, interruptions, defects or even harmful elements on the Platform.
We reserve the right to restrict access to the Platform or interrupt its operation at any time, without prior notice.
Jonas Seiffermann largely determines the content of the Platform and takes great care for the information on it. We take every possible measure to keep our Platform as complete, accurate and up-to-date as possible, even when the information about it is provided by third parties. We reserve the right to change, supplement or delete the Platform and its content at any time, without any liability.
Jonas Seiffermann cannot offer an absolute guarantee with regard to the quality of the information on the Platform. As a result, this information may not always be complete, accurate, sufficiently accurate or current. Consequently, Jonas Seiffermann cannot be held liable for any damage, direct or indirect, which the User may suffer as a result of the information provided on the Platform.
If certain content of the Platform violates the law or the rights of third parties or is contrary to the good maritime standards, we request that you notify us by email as soon as possible so that we can take appropriate measures.
Any download from the Platform is always at the User's own risk. Jonas Seiffermann is not liable for any damages, direct or indirect, resulting from such downloads, such as data loss or damage to the computer system, which are the sole and exclusive responsibility of the User.
3. Services reserved for registered Users
Registration and access to the services of the Platform are reserved exclusively to individuals who are legally competent, after completing and validating the registration form available online on the Platform and this AGV.
At the time of registration, the User undertakes to provide correct, sincere, and current information about himself and his marital status. The User must also regularly check the data relating to him to ensure its correctness.
The User must therefore provide a valid email address at which the Platform will send him confirmation of his registration to his services. An email address cannot be used multiple times to register for the services.
Any communication from the Platform and its partners is therefore deemed to have been received and read by the User. The latter therefore undertakes to consult the messages he receives at this e-mail address regularly and, if necessary, to reply within a reasonable period of time.
Only one registration is allowed per person.
The User is assigned an identification code with which he has access to a space reserved for him in addition to entering his password. The username and password can be changed by the User online in his personal space.
The password is personal and confidential, the User undertakes not to disclose it to third parties.
In any case, the Seller reserves the right to refuse a request for registration with the services of the Platform in case of non-compliance with the AGV by the User.
The User who is regularly registered can request to unsubscribe at any time by going to the special page in his personal space. Any deregistration from the Platform will be effective as soon as possible after the user has completed the appropriate form.
c) Protection of personal data
Jonas Seiffermann assures users that they attach the utmost importance to the protection of their privacy and personal data and that they always strive to communicate clearly and transparently in this regard.
The personal data provided by the user during his visit or use of the Platform is collected and processed by Jonas Seiffermann for internal purposes only.
Jonas Seiffermann undertakes to comply with the applicable legislation in this field, namely the Law of 8 December AZ992 on the protection of privacy with regard to the processing of personal data and the European Regulation of 27 April 2016 on the protection of natural persons in relating to the processing of personal data and regarding the free movement of such data.
Article 3. Applicable law and competent jurisdiction
These AGVs are governed by Belgian law. In the event of a dispute and in the absence of an amicable settlement, the dispute will be brought before the courts of the judicial district where Jonas Seiffermann has its registered office.
Article 4. Other provisions
Jonas Seiffermann reserves the right to extend, discuss, or interrupt the Platform and associated services at any time without prior notice and without modification.
In the event of a breach of the AGV by the User, Jonas Seiffermann reserves the right to take appropriate sanctions and compensation measures. Jonas Seiffermann reserves the right to temporarily grant the User access to the Platform or our services
or to refuse permanently. These measures can be taken without reason and without prior notice. They cannot entail liability for the sales or give rise to any form of compensation.
The illegality or total or partial invalidity of one provision of our AGV will not affect the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid and comparable provision.
2. General sales conditions.
Article 1. Scope
These general terms and conditions of sale (hereinafter referred to as AVV) define the mutual rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter referred to as Customer).
The AVV expresses all obligations of the parties. The Customer is deemed to accept this without reservation, failing which his order will not be validated.
Exceptions to the provisions of the AVV can be made in exceptional cases, provided that these exceptions have been agreed in writing. Such deviations may consist in changing, adding or deleting the provisions to which they relate and do not affect the application of the other provisions of the AVV.
The Seller reserves the right to change the GTC from time to time. The changes will apply as soon as they are posted online for any purchase made after that date.
The GTC are also written for the employees of the Seller and his management.
The GTC apply to every offer, quotation, assignment and agreement between the Seller and the Customer unless the two parties have deviated explicitly and in writing.
The GTC also apply to agreements with the Customer, for the execution of the GTC of which the Seller must involve third parties.
The applicability of any purchase or other conditions of the Customer is expressly rejected.
If one or more provisions in this GTC are wholly or partially null and void or become null and void, the remaining provisions in this GTC remain fully applicable.
The Seller and the Customer will then enter into consultations in order to agree new provisions to replace the null and void or nullified provisions, taking into account as much as possible the purpose and purport of the original provisions.
If there is uncertainty about the explanation of one or more provisions of the AVV, then the explanation must be given to “the spirit” of these provisions.
If a situation arises between parties that is not regulated in the AVV, this situation must be assessed in the spirit of this AVV.
If the seller does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the seller could lose the right to demand strict compliance with the AVV in other cases.
Article 2. Online store
1. Via the Platform, the Seller makes available to the Customer an online store that offers and proposes products or services for sale, without the photos having any contractual value.
2. The products or services are described and presented with the greatest possible accuracy. However, the Seller cannot be held liable for any errors or mistakes in the presentation.
3. The products and services are offered within the limits of their availability.
4. Prices and taxes are listed in the online store.
5. The stated prices include VAT.
Article 3. Price
The Seller reserves the right to change its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order apply, subject to availability on that date.
Prices are stated in euros and do not take into account any delivery costs, which are additionally indicated and invoiced for the validation of the order by the Customer.
The total amount of the order (all taxes included) and if applicable the delivery costs are stated for the final validation of the order form.
Article 4. Ordering online
The Customer has the option to complete an order form online using an electronic form. By completing the electronic form, the Customer accepts the price in the description of the products or services.
To validate his order, the Customer must accept these GTC by clicking on the indicated place.
The Customer must provide a valid email address, billing information and, if applicable, a valid delivery address. Any exchange with the Seller can take place via this email address.
In addition, the Customer must choose the delivery method and validate the payment method.
The Seller reserves the right to block the Customer's order in the event of non-payment, incorrect address or any other problem on the Customer's account until the problem is resolved.
Article 5. Confirmation and payment of the order
The Seller remains the owner of the ordered items until full payment of the order has been received.
The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation is instead of a signature.
The Customer guarantees the Seller that he has the necessary permissions to use this payment method and acknowledges that the information provided for this purpose is proof of
his agreement to the sale and payment of the amounts due under the order.
The Seller reunites a procedure instituted to check orders and means of payment to reasonably guarantee him against any fraudulent use of a means of payment, including by requesting identification data from the Customer. In case of refusal of authorization to pay by credit card by accredited organizations or in case of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Seller also reserves the right to refuse an order from a Customer who has not or only partially completed an initial order or who is subject to a payment dispute.
After receipt of the validation of the purchase with payment, the Seller will send part of the purchase to the Customer, as well as an invoice, unless the latter is supplied with the order.
The Customer can request that the invoice be sent to an address other than the delivery address by sending a request to the customer service before delivery.
In the event of the unavailability of a service or product, the Seller will inform the Customer as soon as possible by e-mail to replace or cancel the order for this product, and possibly refund the relevant price, whereby the rest of the order is fixed and remains final.
Article 6. Evidence
The communications, orders and payments between the Customer and the Seller can be proven by means of automated records, which are kept in the Seller's computer systems under reasonable security conditions.
Orders and invoices are archived on a reliable and durable medium that is considered as evidence in particular.
Article 7. Contract duration
The agreement between the seller and the Customer is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
Article 8. Delivery periods and delivery
Delivery will only take place after payment has been confirmed by the Seller's bank.
The products are delivered to the address indicated by the Customer on the online order form. Additional costs as a result of incomplete or incorrect information from the Client will be charged to the Client. For availability reasons, an order may depend on multiple consecutive deliveries to the Customer.
Delivery takes place according to the method chosen by the Customer within the proposed terms.
Standard delivery 2-3 working days if the items are in stock or are already prepared
For services and assignments, the delivery is 2 to 6 months or otherwise agreed in writing.
Delivery times are indicative. In the event of late delivery, no compensation can be claimed from the Seller or the carrier.
If the delivery periods or completion of certain activities have agreed or stated a term, this is never a strict deadline. If a term is exceeded, the Customer must therefore give the Seller written notice of default. The Seller must be offered a reasonable period to still execute the agreement.
Article 9. implementation; change agreement; price increase
1. The Seller has the right to have certain work done by third parties.
2. The Seller is entitled to execute the agreement in different phases and to invoice the thus executed part separately.
3. If the agreement is executed in phases, the Seller can suspend the execution of those parts that belong to a subsequent phase until the Customer has approved the results of the execution of the preceding phase in writing.
If the Seller requires information from the Customer for the execution of the agreement, the term of execution does not start until after the Customer has provided it correctly and completely to the Seller.
4. If during the execution of the agreement it appears that for a proper implementation it is necessary to change or supplement it, then the parties will timely and mutually adjust the agreement. If the nature, scope or content of the agreement, whether or not at the request or instruction of the Customer, of the competent authorities, etc. is changed and the agreement is thereby changed in qualitative and / or quantitative terms, this may have consequences. for what was originally agreed. As a result, the originally agreed amount can be increased or decreased. The seller will quote as much as possible in advance. By an amendment of the agreement, the original specified term of execution can be changed. The Client accepts the possibility of changing the agreement, including the change in price and term of execution.
5. If the agreement is changed, including a supplement, the Seller is entitled to implement it only after approval has been given by the person authorized within the Seller and the Customer has agreed to the price stated for the execution and other conditions, including the time to be determined at that time at which they will be implemented. The non-execution or non-immediate execution of the amended agreement also does not constitute a breach of contract by the Seller and is no reason for the Customer to terminate the agreement.
6. Without failing to do so, the Seller may refuse a request for amendment of the agreement if this could have qualitative and / or quantitative consequences, for example for the work to be performed or the goods to be delivered in that context.
7. If the Customer fails to properly comply with what he is obliged to the Seller, then the Customer is liable for all damage (including costs) on the part of the Seller caused directly or indirectly.
If the Seller agrees on a certain price when entering into the agreement, the Seller is nevertheless entitled to increase the price under the following circumstances, even if the price was not originally stated with reservation.
a) If the price increase is the result of a change in the contract.
b) If the price increase arises from a power vested in the Seller
or an obligation on the Seller under the law.
8. In other cases, this on the understanding that the Client who does not act in the exercise of a profession or business, is entitled to dissolve the agreement by means of a written statement if the price increase exceeds 10% and takes place within three months after the Close
of the agreement, unless the Seller is then still willing to execute the agreement on the basis of the originally agreed, or if it is stipulated that the delivery will take place more than three months after the purchase.
9. Shipping is always at your own risk.
Article 10. Guarantees
1. The Seller guarantees the conformity of the products or services with the contract in accordance with the legislation in force at the time of the conclusion of the contract. The warranty mentioned in this article applies to items that are intended for use within Belgium. When using outside Belgium, the Customer must verify whether the use thereof is suitable for use there and whether it meets the conditions set for it. In that case, the Seller may impose other warranty and other conditions with regard to the goods to be delivered or the work to be performed.
2. The preparation or mounting of animals is at the expense and risk of the client. In case of damage, hair loss, rotting, failure, decay etc. etc. No compensation claims are accepted. The client indemnifies us against claims from third parties and is liable for the costs already incurred. Orders cannot be canceled. All costs incurred will be recovered from the client. The Seller and / or employees are never liable for any damage suffered whatsoever.
3. The warranty referred to in paragraph 1 of this article applies for a period of 7 days after delivery / order, unless the nature of the delivery dictates otherwise or the parties have agreed otherwise. If the warranty provided by the seller concerns an item that is produced by a third party, the warranty is limited to that provided by the producer of the item, unless stated otherwise. After expiration of the warranty period, all costs for repair, replacement or replacement, including administration, shipping and call-out costs, will be charged to the Customer. (With a minimum of 75 € excl VAT)
4. Any form of warranty lapses if a defect has arisen as a result of or resulting from improper or improper use of it or use after expiry dates, incorrect storage or maintenance thereof by the Customer and / or third parties, without the Seller's written permission. , the customer or third parties have made changes or attempted to make changes to the item, other items have been confirmed that should not be attached to it or if they have been processed or processed in a manner other than the prescribed manner. The Customer is also not entitled to warranty if the defect is caused by circumstances beyond the Seller's control, including weather conditions (such as, but not limited to, extreme rainfall or temperatures) etc. Etc.
5. Checking the order Upon receipt of the products, the Customer or the recipient checks the good condition of the delivered product or the conformity of the service provided. In the event that one or more of the products ordered are missing or damaged, the Customer or the recipients must make the necessary reservations to the carrier at the time of delivery and notify the Seller immediately. The verification is deemed to have been completed once the Customer or an authorized person has accepted the order without reservation. Any reservation not made according to the rules defined above and within the time limits set cannot be taken into consideration and relieves the Seller from any liability towards the Customer.
6. Error in the delivery
In the event of a delivery error or non-conformity of the products with the information on the adjustment slip, the Customer will inform the Seller thereof within three working days after the delivery date.
Any complaint that is not made within the time limit cannot be taken into consideration and relieves the Seller from any liability towards the Customer.
7. Returns and exchanges
The product to be exchanged or refunded must be returned in its entirety and in the original packaging to the Seller according to the following modalities.
Return by mail to the following address
The Wonder Room, De Laks 8, 2360 Oud Turnhout
Any complaint and return that is not made in accordance with the rules defined above and within the stipulated time limits cannot be taken into consideration and relieves the Seller of any liability towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller in its entirety and in the original packaging.
The costs for the return are for the account of the Customer.
The seller is never liable for the loss, loss and damage of packages. It is the responsibility of the Customer when transferring to the shipping company.
8. Guarantee of conformity.
If the Customer is a consumer, he has two years from delivery of the product to implement the legal warranty of conformity. Notwithstanding if the product purchased was a second-hand item, the warranty period is one year.
The lack of conformity must be reported to the Seller as soon as possible and in any event no later than two months after the discovery of the sale.
Article 11. Right of withdrawal
If the Customer is a consumer, he can exercise his statutory right of withdrawal within 14 working days after the delivery of the goods or the conclusion of the services agreement.
After notification of his decision to cancel, the Customer then has 14 days to return or return the goods.
Any revocation not executed according to the rules and terms of this article cannot be taken into consideration and relieves the Seller of any liability towards the Customer.
The Customer may request a refund of the returned product at no additional cost, except for the costs of return that are at his expense.
The return or exchange of the product can only be accepted for the products as a whole, intact and in their original condition, in particular must be more completely intact packaging and in a state of sale.
The Seller will reimburse the Customer for all amounts paid, including delivery costs, within 14 days of the return of the goods or the sending of proof of shipment of the goods.
If the order wholly or partly relates to digital content that has not been delivered on the physical medium, the Customer agrees to lose his right of withdrawal for such digital content in order to be delivered as soon as possible.
If the order wholly or partly relates to the provision of services, the customer hereby waives the right of withdrawal for these services in order to be served as soon as possible after the conclusion of the contract.
Template form withdrawal
To the attention of:
De Laks 6 2360 Oud Turnhout
Company number KBO VAT BER 0631649053
Mail: [email protected]
I / We hereby inform you of my / our revocation of the agreement regarding the good / provision of the service mentioned below
Ordered on / received on:
Name (name) of the consumer
Address: of the consumer (s)
Signature of the consumer (s) (only if this form is completed on paper).
Article 12. Data protection
The Seller will keep proof of the transaction, including the purchase order and invoice, in its computer systems and under reasonable security conditions.
Article 13. Intellectual property
The seller reserves the rights and powers vested in it under copyright law and other intellectual laws and regulations. The seller has the right to use the knowledge gained by the execution of an agreement for other purposes as well, insofar as no strictly confidential information of the Customer is brought to the notice of third parties.
Photos of the Seller are protected by copyright. If the photos used by our photos are used by third parties without the written permission of the user, a fine of 1,000 euros per day (1000 € / day) will be charged.
Article 14. Retention of title
1. All goods delivered by the seller under the agreement remain the property of the seller until the Client has properly fulfilled all obligations under the agreement (s) concluded with the Seller.
2. Goods delivered by the Seller that fall under the retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The Customer is not authorized to pledge or encumber in any other way the goods that fall under the retention of title.
3. The Customer must always do everything that can reasonably be expected of him to safeguard the property rights of the Seller.
4. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Customer is obliged to immediately inform the Seller.
5. The Customer undertakes to insure and keep insured goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at the Seller's request. In the event of any payment of the insurance, the Seller is entitled to these tokens. For as much as necessary, the Customer undertakes in advance towards the Seller to cooperate with everything that may prove to be necessary or desirable in that context.
6. In the event that the Seller wishes to exercise his property rights indicated in this article, the Customer gives unconditional and irrevocable permission to the Seller and third parties designated by the Seller to Tye to enter all those places where the Seller's property is located. and take those things back.
7. All goods remain the property of the Seller until payment has been made.
Article 15. Transfer of risk
The risk of loss, damage or depreciation passes to the customer the moment goods are brought into the customer's control.
Article 16. Force majeure
If the Seller is wholly or partially prevented from executing the order due to an unforeseen circumstance beyond his control, then there is force majeure.
In the event of force majeure, the Seller has the right to suspend the execution of the order in whole or in part for the duration of the force majeure. The Seller will immediately inform the Customer thereof.
If the force majeure continues for more than 90 days without interruption, each of the parties to the contract has the right to cancel the contract unilaterally, by registered letter to the other party. The services already provided by the Seller will nevertheless be invoiced in parallel to the Customer.
Article 17. Liability
If the wonder room is liable, then this liability is limited to what is arranged in this provision.
The Seller is not liable for damage, of whatever nature, caused by the fact that the Customer has assumed incorrect and / or incomplete information provided by or on behalf of the Seller.
The Seller is only liable for direct damage. Direct damage is exclusively understood to mean the reasonable costs for determining the cause and the extent of the damage, insofar as the determination relates to damage within the meaning of these conditions:
the reasonable costs incurred to have the defective performance of the Seller comply with the agreement, insofar as these can be attributed to the Seller.
Reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to limitation of direct damage as referred to in these GTC.
The Seller is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business or other stagnation. This also applies to damage to stuffed animals by moths, museum beetles, mold, carpet beetles. Etc. Etc.
If the seller is liable for any damage, the liability of the seller is limited to a maximum of the invoice value of the order, at least to that part of the order to which the liability relates.
The liability of the Seller is in any case always limited to the amount of the payment of his insurer, if applicable.
Article 18. Indemnification
The Client indemnifies the Seller against any claims by third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to parties other than the Seller.
If the seller should be sued by a third party for this reason, then the Customer is obliged to assist the Seller as well as in court, and to immediately do everything that may be expected of him in that case. If the Customer fails to take adequate measures, the Seller is entitled to do so without notice of default.
to go. All costs and damage on the part of the seller and the third party arising from this are fully for the account and risk of the Customer.
Article 19. Independence of the provisions.
If one or more provisions of these GTC are declared illegal or null and void, the threatened provisions remain in full force
The illegality or total or partial invalidity of a provision of these GTC does not affect the validity and application of the other provisions.
The Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar effect.
Article 20. Applicable law and competent jurisdiction.
These GTC are governed by Belgian law.
In the event of a dispute and in the absence of an amicable settlement, the dispute will be submitted to the courts of the judicial district of the registered office of the Seller, even if an obligation is wholly or partly carried out abroad or if the the legal relationship of the party concerned is domiciled there. The applicability of the Vienna Sales Convention is excluded.
Parties will only appeal to the courts after they have made every effort to settle a dispute by mutual agreement. Any costs resulting from this will be for the account of the complainant and never for the Seller.
Disputes are only conducted in the Dutch language.
The Dutch text of the AVV is always decisive for the explanation thereof.