Allgemeine Bedingungen und Konditionen

Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur upon withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and performance
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional or deviating provisions

Article 1 - Definitions
In these terms and conditions the following definitions apply:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are provided by the entrepreneur or are supplied by a third party on the basis of an agreement between that third party and the entrepreneur;
Withdrawal period: the period within which the consumer can make use of his right of withdrawal ;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
< strong>Day: calendar day;
Digital content: data produced and delivered in digital form;
< strong>Agreement for an indefinite period: an agreement that provides for the regular delivery of goods, services and/or digital content for a certain period of time;
Durable data carrier< /em>: any tool - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that facilitates future consultation or use during a period that has been agreed on the purpose for which the information is intended and which enables unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw within the cooling-off period to waive the distance contract;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance offers consumers;
Distance contract: an agreement agreement concluded between the entrepreneur and the consumer in the context of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication;
Model form for withdrawal: the European model form for withdrawal included in Annex I to these conditions. Annex I need not be completed if the consumer does not have a right of withdrawal with regard to his order
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Article 2 - Identity of the entrepreneur
Wilbert Trading BV,
Trade name: WBM Worldproducts;
Address: Korhoenstraat 21,
City: 3145 CE Maassluis,
Country: The Netherlands;
Telephone number: 010-5990496 [Available daily from 07:45 - 18:00].
E- email address: info@wbm-worldproducts.nl
Chamber of Commerce number: 24272283
VAT identification number: NL 806673254 B01

Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract between entrepreneur and 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, before the distance contract is concluded, it will be indicated how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
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 can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise. br />In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that applies to him in the event of conflicting general terms and conditions. is the most favorable.

Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded on the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
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 will ensure that he for a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can inform himself - within legal frameworks - 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 entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution. send the product, service or digital content to the consumer 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:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal
the information about guarantees and existing after-sales service
the price inclusive of 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 termination of the contract if the contract has a duration of more than one year or is of an indefinite duration
if the consumer has a right of withdrawal has the model withdrawal form.
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 In case of products:
1 The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to state his reason(s).
2. The cooling-off period referred to 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, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product received. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. in case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that are not supplied on a tangible medium:
3.; The consumer can enter into a service contract and an agreement for the supply of digital content d that has not been delivered on a material carrier, dissolve for at least 14 days without giving reasons. The trader may ask the consumer for the reason for the withdrawal, but may not oblige the consumer to state his reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day after the conclusion of the agreement.
Extended cooling-off period for products, services and digital content that have not been delivered on a material carrier in the event of failure to to inform about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.

6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received this information.

Article 7 - Obligations of the consumer
During the cooling-off period, the consumer will handle the product and the packaging with care. He will 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. that goes beyond what is permitted in paragraph 1. The consumer is not liable for any reduction in value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer makes use of his right of withdrawal, he will do so within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur. The consumer shall return the product as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1. , or he hands this 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 complied with the return period if he returns the product before the cooling-off period has expired. reasonable and clear instructions provided.
The risk and the 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 entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of returning the goods. performance of the service or the supply of gas, water or electricity that are not made ready for sale in a limited volume or certain quantity starts during the withdrawal period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the obligation.
The consumer bears no costs for the performance of services or the supply of water, gas or electricity, which are not in a limited volume or quantity have been made ready for sale, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legal ver has provided mandatory information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or; or district heating.
The consumer bears no costs for the full or partial delivery of digital content that is not supplied on a tangible medium, if:
he has not expressly agreed to the start of the performance of the agreement before the end of the cooling-off period prior to delivery
he has not acknowledged losing his right of withdrawal when giving his consent; or
the trader has failed to confirm this consumer statement.
9. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal
If the entrepreneur receives electronic notification of withdrawal by the enables the consumer, he will immediately send a confirmation of receipt after receipt of this notification. on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
The entrepreneur uses the same for reimbursement means of payment used by the consumer, unless the consumer agrees to another method. There are no costs associated with the refund for the consumer.
If the consumer has opted for 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 good time before concluding the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which occur within the withdrawal period may arise;
Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the winning bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
a. the performance has started with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement; in a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
Agreements regarding leisure activities, if a specific date or period of performance is specified in the agreement; of the consumer, 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;
Products that spoil quickly or have a limited shelf life;< br>Sealed products that for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature; but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur 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 thereto;
The delivery of digital content other than on a material carrier, but only if:
a. the performance has started with the express prior consent of the consumer; and
b. the consumer has declared that he hereby 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 not increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with offer variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are 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 entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. 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, unless stated otherwise.

Article 12 - Compliance with the agreement and extra guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. the agreement can enforce against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
Additional guarantee is understood to mean every obligation of the entrepreneur, his supplier, importer or producer in which he has certain rights to the consumer. or assigns claims that go beyond what it is legally obliged to do in case it has failed to fulfill its part of the agreement.

Article 13 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and the execution of orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of the provisions in Article 4 of this general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, 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 and the right to any compensation.
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 representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, termination and extension
Termination:

The consumer may terminate an agreement which has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, can be canceled at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate an agreement which has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, can be terminated at any time by the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month. br>The consumer can cancel the agreements mentioned in the previous paragraphs
at any time and not be limited to cancellation at a specific time or in a specific period
at least cancellation and in the same way as they have been entered into by him
always cancel 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 (including electricity) or services may not be tacitly extended or renewed for a fixed term. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and daily news and weekly newspapers and magazines are tacitly renewed for a maximum period of three months, if the consumer can cancel this extended agreement by the end of the extension period with a notice period of no more than one month. time has been entered into and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a fixed term for the regular delivery of daily, news and weeklies and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Term:

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 oppose termination before the end of the agreed term.

Article 15 - Payment
Unless otherwise stipulated in the agreement or in additional 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 commences on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, general terms and conditions may never be required of the consumer that he pays more than 50% in advance. When 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. to report to the entrepreneur.
If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still to meet its payment obligations, after failure to pay within this 14-day period, the statutory interest is due on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the next € 2500 and 5% on the next € 5000, with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 16 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur are counted within a period of 14 days from the date received received. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer. weeks to resolve the complaint in mutual consultation. After the expiry of this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. applicable.

Article 18 - Additional or deviating provisions
Additional or these general terms and conditions deviating provisions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.