These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website. These General Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
ARTICLE 1 – DEFINITIONS
In these General Terms and Conditions, the following terms written with a Capital letter have the meaning as described below:
- General Terms and Conditions: these General Terms and Conditions of WALLSOME;
- WALLSOME: NEXTCOM registered in the Dutch Chamber of Commerce under number 76188841;
- Consumer: the natural person who does not act in the exercise of a profession or business and enters into an Agreement with WALLSOME and/or who registered itself on the Website;
- Agreement: any arrangement or agreement between WALLSOME and Consumer of which the General Terms and Conditions are an integral part;
- Right of withdrawal: the possibility for the Consumer to cancel the distance Agreement within the cooling-off period;
- Products: the Products advertised on the Website;
- Day: calendar day;
- Website: the website of WALLSOME to be found on https://wallsome.com, https://www.wallsome.com and all of its subdomains.
ARTICLE 2 – APPLICABILITY
- These General Terms and Conditions apply to every offer of WALLSOME and to every distance Agreement concluded between WALLSOME and the Consumer.
- If Consumer in his order, confirmation or any other communication alleging acceptance of the General Terms and Conditions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon WALLSOME if and in so far as WALLSOME has accepted them explicitly in writing.
ARTICLE 3 – THE OFFER
- The offer contains a complete and accurate description of the Products and / or services offered. The description is sufficiently detailed so the Consumer can make a good assessment of the offer. Apparent mistakes or errors in the offer do not bind WALLSOME.
- Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- a) the price including taxes;
- b) the possible costs of delivery;
- c) the manner in which the Agreement will be concluded and which actions are necessary for this;
- d) the method of payment and delivery;
- e) the deadline for accepting the offer, and
- f) the address where and the period within which the Consumer can submit a complaint.
ARTICLE 4 – THE AGREEMENT
- The Consumer can place an order at WALLSOME by completing the appropriate order form on www.wallsome.com.
- WALLSOME sends Consumer an e-mail to the e-mail address of Consumer mentioned in the order form confirming the receipt of the order in question. An order will then only be processed by WALLSOME if the Consumer has completed all the requested information on the order form.
- The Agreement comes into effect after WALLSOME has accepted the Consumer’s order, the order has been paid by the Consumer and has been sent by WALLSOME.
- As long as WALLSOME has not accepted the order and/or Consumer has not paid the order, Consumer cannot derive any rights from the order made.
- If it is found that, in accepting or otherwise entering into the Agreement, Consumer has provided incorrect data, WALLSOME will have the right to postpone the Agreement until the correct data is received.
- In the event of force majeure WALLSOME has the right, at its own discretion, to suspend the execution of the order, or to dissolve the Agreement without judicial intervention, such by informing the Consumer in writing and this without WALLSOME being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness. Force majeure means any shortcoming that cannot be attributed to WALLSOME, because it is not due to its fault and not under the law, legal act or generally accepted for its account.
ARTICLE 5 – REGISTRATION
- To make optimal use of the Website, Consumer can register using the registration form/the account sign-in option on the Website.
- During the registration process, Consumer will be asked to choose a username and password with which he can log on to the Website. Consumer alone is responsible for choosing a sufficiently reliable password.
- Consumer must keep its login credentials, username and password strictly confidential. WALLSOME cannot be held liable for any misuse of the login credentials and is always entitled to assume that Consumer who logs on to the Website is the party that it professes to be. Consumer is responsible for and bears the full risk of any and all actions and transactions performed via Consumer’s account.
ARTICLE 6 – RIGHT OF WITHDRAWAL UPON DELIVERY OF PRODUCTS
- This article only applies if Consumer is a natural person who is not acting in his or her professional or commercial capacity.
- Consumer will have the right to dissolve the distance Agreement with WALLSOME within 14 days after receiving the Product, free of charge and without stating reasons. This term commences on the day after the Product was received by or on behalf of the Consumer.
- During this period, the Consumer will handle the Product and packaging carefully. He will only unpack or look at the Product to the extent necessary to assess whether he wishes to keep the Product. This assessment should not go beyond what the Consumer could do in a psychical store. Consumer is liable for the Product’s devaluation that is a consequence of his handling the Product other than as permitted according to this paragraph.
- If the return Product falls outside the period, as mentioned in paragraph 2 or damaged or not in its original packaging, WALLSOME cannot accept the returned Products and no refund will be given.
- If the Consumer makes use of his Right of withdrawal, Consumer must return the Product within 14 Days after he has made use of this Right of withdrawal. The costs of returning the Products are for the Consumer.
- The purchase price paid by Consumer (in advance) will be refunded to Consumer as soon as possible, and in any case within 14 Days after dissolution of the Agreement, in the same manner as Consumer has paid the order. If Consumer decides to return the entire order, the shipping costs will be refunded as well. If Consumer choses an expensive method of delivery in preference to the cheapest standard delivery, WALLSOME does not have to refund the additional costs of the more expensive method. Except in cases in which WALLSOME has offered to retrieve the Product itself, WALLSOME can postpone refunding until it has received the Product.
- Information about the applicability or non-applicability of a Right of withdrawal and any required procedure will be posted clearly on the Website, at least in time before the Agreement is concluded.
ARTICLE 7 – THE PRICE
- If the prices for the Products offered rise in the period between the order and the execution thereof, the Consumer is entitled to cancel the order or to dissolve the Agreement within ten (10) days after notification of the price increase by WALLSOME.
- The prices stated in the offer of Products or services are in Euros including VAT.
- If shipping costs are charged, these will be clearly stated in good time before the Agreement is concluded. These costs will also be displayed separately in the ordering process.
ARTICLE 8 – GUARANTEE AND CONFORMITY
- WALLSOME guarantees that the Products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement.
- The Consumer is obliged to examine at delivery whether the Products meet the Agreement in terms of number and quality. If the delivered Product is not in conformity with the Agreement, Consumer must inform WALLSOME within a reasonable period of time – but within 14 Days – after he has discovered the defect. If the Consumer fails to inform WALLSOME within this term, the Consumer can no longer invoke the fact that the Products do not comply with the Agreement.
- If WALLSOME deems the complaint to be correct, the relevant Products will be repaired, replaced or refunded in consultation with Consumer. The maximum amount of compensation is equal to the price paid by Consumer for the Product. WALLSOME explicitly does not accept any claim regarding consequential damage in any form whatsoever and WALLSOME is not liable for damage as a result of intention, guilt, negligence or improper use by third parties.
ARTICLE 9 – DELIVERY AND EXECUTION
- WALLSOME will take the greatest possible care when receiving and executing orders for Products.
- The place of delivery is the address that the Consumer has made known to WALLSOME in writing. If the Consumer gives WALLSOME an address in writing, WALLSOME is entitled to send all orders to that address, unless the Consumer gives WALLSOME a written notice of another address to which his orders should be sent.
- WALLSOME will execute accepted orders with convenient speed but at the latest within 14 Days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer will be informed about this within 14 Days after he has placed the order.
- The delivery times specified by WALLSOME are only indicative. Exceeding any delivery term does not entitle the Consumer to compensation or the right to cancel the order or to dissolve the Agreement, unless the exceeding of the delivery period is such that the Consumer cannot reasonably be expected to maintain the Agreement. In that case, the Consumer is entitled to cancel the order or to dissolve the Agreement insofar as this is necessary.
- In case of dissolution in accordance with the previous paragraph, WALLSOME will refund the amount that the Consumer has paid as soon as possible but no later than 14 Days after dissolution.
- Ownership of delivered Products will only pass if the Consumer has paid all that is due to WALLSOME on the basis of any Agreement.
- The risk of damage and / or loss of Products rests at WALLSOME until the moment of delivery to the Consumer.
- WALLSOME ships all orders (DAP) Delivered at Place. This means the Consumer is responsible for import clearance and any applicable local taxes or import duties.
- WALLSOME is authorized to engage third parties in the fulfillment of its obligations under the Agreement.
ARTICLE 10 – PAYMENT
- Unless agreed otherwise, the amounts owed by the Consumer must be paid to WALLSOME before the stated deadline and in accordance with the method of payment indicated on the Website. If Consumer fails to meet these terms, Consumer cannot derive any rights from its order. WALLSOME is free to offer any payment method of its choice and may change these methods at any time.
- The Consumer has the duty to notify WALLSOME without delay of inaccuracies in the payment details provided or stated.
- If the Consumer is in default with any payment, WALLSOME is entitled to suspend or dissolve (the execution of) the relevant Agreement and all related agreements.
- In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, WALLSOME can offer the possibility to pay afterwards. In that case payment is to be made to Klarna. General information about Klarna and the user terms can be found on klarna.com. Personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.
ARTICLE 11 – COMPLAINTS PROCEDURE
- If Consumer has any complaints in connection with a Product and/or about other aspects of WALLSOME’s services, it can submit a complaint by telephone or by email. See the contact details at the bottom of the General Terms and Conditions.
- WALLSOME will respond to the complaint as soon as possible, and in any case within 14 Days after having received the complaint. If a complaint requires a foreseeable longer processing time, WALLSOME 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.
- If Consumer is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at: https://ec.europa.eu/odr/.
ARTICLE 12 – PERSONAL DATA
ARTICLE 13 – MISCELLANEOUS
- If WALLSOME allows deviations from these General Terms and Conditions, whether or not tacitly, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these General Terms and Conditions. The Consumer can never assert any right on the grounds that WALLSOME applies these General Terms and Conditions smoothly.
- The voidness or voidability of any provision or part thereof as included in the General Terms and Conditions or Agreement does not affect the validity of the General Terms and Conditions or the Agreement as a whole. In this case, WALLSOME shall have the right to replace such provision by a provision that approximates the provision that is null and void.
- WALLSOME is authorized to use third parties in the execution of the order (s).
ARTICLE 14 – APPLICABLE LAW AND COMPETENT COURT
- Only Dutch law applies to all rights, obligations, offers, orders, Agreements as well as to these Terms and Conditions.
- Insofar as not dictated otherwise by mandatory law, all disputes ensuing from the Agreement will be submitted to the competent court in s’Hertogenbosch.
Inquiries, complaints or comments can be addressed to Wallsome in writing or by email.
Telephone number: + 31 6 83848075 on business days between 09.00 and 17.00 hours
E-mail address: [email protected]
Office address: on request
Registered at the Chamber of Commerce under number 76188841.
VAT identification number: NL860539660B01.