General Terms and Conditions

GENERAL TERMS AND CONDITIONS

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 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Ongoing Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 17 – Product Characteristics

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
Day: calendar day;
Ongoing transaction: a distance agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him/her in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can complete when exercising the right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same place;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

WEN interior
Avenida de la Constitución 43
29754 Cómpeta, Málaga, Spain

Email: info@wen-interior.com
Telephone: +34 744 794 745

Chamber of Commerce no.: 74265016
VAT no.: NL859830378B01

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the General Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and prior to the conclusion of the distance agreement, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.
In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to him/her.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the agreement and these conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual consultation with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in accordance with the spirit of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to amend and adjust the offer.
The offer contains a complete and accurate description of the products and/or services 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 truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

the price including taxes;
any costs of shipping;
the manner in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer or the period within which the entrepreneur guarantees the price;
the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate;
whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;
the way in which the consumer can check and, if desired, correct the data provided by him/her before concluding the agreement;
any other languages in which the agreement can be concluded in addition to Dutch;
the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of an ongoing transaction.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall 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 shall observe appropriate security measures.
The entrepreneur may, within the legal framework, investigate whether the consumer can meet his/her payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation to refrain from entering into the agreement, he/she is entitled to refuse an order or request with reasons or to attach special conditions to its performance.
The entrepreneur shall provide the consumer with the following information with the product or service, 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 entrepreneur’s establishment where the consumer can submit complaints;
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;
information about warranties and existing after-sales service;
the information included in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.

6. In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

In the case of delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and packaging with care. The product shall only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises the right of withdrawal, the product shall be returned to the entrepreneur with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, he/she must notify the entrepreneur within 14 days after receipt of the product. Notification must be made by means of the model withdrawal form. After notifying that he/she wishes to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the consumer has not notified the entrepreneur of the intention to exercise the right of withdrawal within the periods mentioned above or has not returned the product, the purchase is final.

In the case of delivery of services:
In the case of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, commencing on the day the agreement is concluded.
To exercise the right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, at most the costs of return shipment shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received by the webshop or conclusive proof of complete return shipment has been provided. Refunds shall be made using the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer shall be liable for any reduction in value of the product.
The consumer shall not be liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal prior to concluding the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer’s specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for single newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygienic products where the consumer has broken the seal.

3.Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
where performance has begun with the express consent of the consumer before the cooling-off period has expired;
relating to betting and lotteries.

Article 9 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from 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:

they result from statutory regulations or provisions; or
the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Products must be returned in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

the consumer has repaired and/or modified the delivered products himself/herself or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery shall be the address made known to the company by the consumer.
With due observance of the provisions of paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer shall be notified no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make efforts to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Ongoing Transactions: Duration, Termination and Renewal

Termination

1. The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

2. The consumer may terminate an agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed period, subject to agreed termination rules and a notice period of no more than one month.

3. The consumer may terminate the agreements referred to in the preceding paragraphs:

at any time and not be restricted to termination at a specific time or during a specific period;
at least in the same manner as they were entered into;
always with the same notice period as the entrepreneur has stipulated for himself/herself.

Renewal

4. An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

5. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

6. An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of agreements extending to the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.

7. An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.

Duration

8. 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 duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in Article 6(1). In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints regarding the performance of the agreement must be submitted to the entrepreneur within 2 months after the consumer has identified the defects, fully and clearly described.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the case of complaints, the consumer must first contact the entrepreneur. If the webshop is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to submit the complaint to the independent disputes committee appointed by WebwinkelKeur. The decision of this committee is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these General Terms and Conditions relate, even if the consumer resides abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these General Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible way on a durable data carrier.

Article 17 – Product Characteristics

WEN interior sells, among other things, unique, aged and/or handmade items. These items may show signs of use, aging or imperfections, which contribute to their character and appearance.

Language

WEBSHOP TEMPORARILY CLOSED !!