Algemene Voorwaarden

TERMS AND CONDITIONS WONDERBYWOOD

Using this website means you accept the terms and conditions – Privacy Policy.

Article 1 – Identity of the Entrepreneur
Article 2 – General Provisions
Article 3 – Offers and Formation of Agreements
Article 4 – Prices/Price Increases
Article 5 – Delivery
Article 6 – Delivery Time
Article 7 – Termination
Article 8 – Force Majeure
Article 9 – Warranty
Article 10 – Payment
Article 11 – Retention of Title
Article 12 – Privacy
Article 13 – Intellectual Property Rights
Article 14 – Applicable Law
Article 15 – Disputes
Article 16 – Images

ARTICLE 1 – IDENTITY OF THE ENTREPRENEUR

WONDERBYWOOD
Postal address (no visiting address):
Meidoornstraat 1,
1402 CM Bussum,
The Netherlands

Telephone: +31 6 23093397 (available between 09:00 and 18:00h)
Email: info@wonderbywood.com

Chamber of Commerce number: 82475660
VAT identification number: NL003690128B72

Bank details:
WONDERBYWOOD
IBAN: NL06ABNA0100311741
BIC: ABNANL2A

ARTICLE 2 – GENERAL PROVISIONS

2.1 These terms and conditions are part of all offers and agreements with WONDERBYWOOD, unless explicitly agreed otherwise in writing.

2.2 Subject to Article 7.3, these terms also apply if WONDERBYWOOD engages third parties to perform any agreements.

2.3 Unless otherwise agreed in writing, WONDERBYWOOD does not acknowledge any general or specific terms and conditions of third parties.

2.4 In case of contradictions between the Terms and an Agreement, the Agreement shall prevail.

2.5 If any provision of these Terms is nullified or invalid, the remaining provisions shall remain fully in force. The parties shall then negotiate to replace the invalid provision with a valid one that as closely as possible matches the original intent.

ARTICLE 3 – OFFERS AND FORMATION OF AGREEMENTS

3.1 All offers are non-binding, unless explicitly stated otherwise by WONDERBYWOOD.

3.2 Agreements for the delivery of goods and/or services are binding on WONDERBYWOOD once payment has been received.

3.3 WONDERBYWOOD reserves the right to cancel placed and paid orders in writing within 8 working days.

3.4 Offers from WONDERBYWOOD do not automatically apply to repeat orders.

3.5 Additions, modifications, and/or further agreements are only valid if confirmed in writing.

ARTICLE 4 – PRICES/PRICE INCREASES

4.1 All prices are expressed in Euros and include VAT, unless stated otherwise.

4.2 WONDERBYWOOD guarantees that no price increases will occur after the agreement is established, unless such increases result from statutory regulations or provisions.

ARTICLE 5 – DELIVERY

5.1 If artworks are in stock, they will be shipped within 10 working days after order and payment. Shipping costs will apply (see website for current rates). Once the order is shipped, WONDERBYWOOD will email a track & trace number.

5.2 The recipient must sign for receipt of the goods, unless there are legal grounds for refusal.

5.3 If the recipient refuses delivery or fails to provide information necessary for delivery, the goods will be stored at the recipient’s expense and risk.

5.4 Delivery obligations of WONDERBYWOOD are fulfilled once the goods are offered once to the recipient. For home deliveries, the carrier’s report of refusal constitutes conclusive evidence of an offer to deliver.

5.5 In case of refusal of the offered artworks, return shipping and storage costs, as well as risk of damage or loss, are borne entirely by the recipient, unless the recipient has legitimate grounds for terminating the purchase. please contact Wonder by Wood directly in such case.

5.6 Deliveries are made to the doorstep. Delivery personnel will not carry artworks upstairs, through windows, or over rooftops.

5.7 All artworks come with a French cleat hanging system and clear instructions.

ARTICLE 6 – DELIVERY TIME
6.1 Any delivery time stated by WONDERBYWOOD shall never be considered a strict deadline. The delivery period commences after all necessary information and payments have been received by WONDERBYWOOD, after which WONDERBYWOOD will attempt to deliver within the indicated estimated delivery time (excluding holidays and vacation periods). WONDERBYWOOD strives to deliver orders within the Netherlands within 10 working days, and within Europe within 14 working days, after order completion.

6.2 In accordance with the rules for distance selling, WONDERBYWOOD (contractor) will process orders with due speed (see 6.1), but at least within 30 working days. If this is not possible (due to certain products being out of stock or no longer available), if there are other delays, or if an order cannot be fulfilled or can only be partially fulfilled, the customer (client) will be notified within 8 days after placing the order. In such a case, the customer has the right to cancel the order free of charge and without formal notice.

6.3 WONDERBYWOOD is not responsible for any delays caused by suppliers in any way.

ARTICLE 7 – DISSOLUTION
7.1 Without prejudice to its rights under the law, WONDERBYWOOD is entitled, through written notice to the customer, to suspend or dissolve the agreement in whole or in part, with the right to claim damages from the customer, if, after concluding the agreement, circumstances come to WONDERBYWOOD’s attention that give good reason to fear that the customer will not fulfill their (payment) obligations. This includes situations such as bankruptcy, the customer’s filing for bankruptcy, suspension of payment, liquidation, or the seizure of the customer’s assets.

7.2 The customer has the right, based on a delivered order at WONDERBYWOOD, if it concerns a consumer purchase, pursuant to Article 7:5 of the Dutch Civil Code, to dissolve the agreement within 7 working days, stating a reason, unless expressly agreed otherwise. This period commences at the moment the artworks are delivered. If the customer has not returned the delivered goods to WONDERBYWOOD after the expiry of this period, the purchase becomes final. Before returning goods, the customer must notify WONDERBYWOOD of the return within 8 working days after delivery. The customer must provide proof that the returned goods were sent in time (no later than 10 working days after delivery), for example by providing a postal receipt. Return shipping of the delivered artworks is entirely at the customer's own cost and risk. Artworks must be returned with all accompanying accessories and in their original condition and packaging. If the artworks have been used by the customer or have been damaged in any way, the right to dissolution lapses. Subject to the above, WONDERBYWOOD will confirm the dissolution of the purchase upon receipt and inspection of the returned goods, and will ensure that the full purchase amount, minus any paid shipping costs, is refunded within 30 days of receiving the complete return.

7.3 The right to dissolution described in Article 7.2 only applies to products that are delivered from stock. Custom-made or commissioned artworks produced specifically at the request of the customer cannot be returned.

Products and artworks manufactured according to the consumer’s specifications and wishes, not prefabricated, and made based on an individual choice or decision of the customer, or clearly intended for a specific person, cannot be returned.

ARTICLE 8 – FORCE MAJEURE
8.1 Force majeure is understood to mean, in addition to what is defined by law and case law, all circumstances beyond WONDERBYWOOD’s control that prevent or hinder the delivery of products. This includes, but is not limited to, strikes at WONDERBYWOOD and/or suppliers, disruptions to the internet, electricity outages, email malfunctions, and failures or changes in technology provided by third parties.

8.2 A claim of force majeure can also be made if the circumstance preventing (further) fulfillment arises after WONDERBYWOOD should have fulfilled its obligation.

8.3 If the period in which fulfillment of the obligations by WONDERBYWOOD is impossible due to force majeure lasts longer than 18 weeks, both parties are entitled to dissolve the agreement without any obligation to pay damages.

8.4 If, at the onset of force majeure, WONDERBYWOOD has already partially fulfilled its obligations, or can only partially fulfill them, it is entitled to invoice the delivered or deliverable part separately, and the customer is obliged to pay this invoice as if it concerned a separate agreement. This does not apply if the delivered or deliverable part has no independent value.

ARTICLE 9 – WARRANTY
9.1 WONDERBYWOOD provides no broader warranty on delivered goods than the warranty terms offered by the manufacturer, without affecting the customer's rights under mandatory legal provisions.

9.2 WONDERBYWOOD is never responsible for the ultimate suitability of the artworks for the customer’s individual application, nor for any advice regarding the use or application of the artworks.

9.3 The customer is obliged to inspect the delivered artworks immediately upon receipt. If it appears that the delivered artwork is incorrect, defective, or incomplete, the customer must immediately notify WONDERBYWOOD in writing before proceeding with the return. Any defects or wrongly delivered artworks must be reported to WONDERBYWOOD in writing within a maximum of 8 working days after delivery. Returns must be made in the original packaging (including accessories and accompanying documentation) and in new condition. Use after discovering a defect, damage occurring after discovering a defect, encumbrance, and/or resale after discovering a defect will nullify the right to claim and return.

9.4 If WONDERBYWOOD considers the customer's complaints to be justified, WONDERBYWOOD will, at its discretion, either replace the artworks free of charge or agree with the customer on written compensation. WONDERBYWOOD’s liability is limited to a maximum of the invoice amount of the artworks concerned or (at WONDERBYWOOD’s choice) the amount covered by its liability insurance. Any other form of liability, including additional or consequential damages, loss of profits, or indirect damages, is excluded.

9.5 WONDERBYWOOD is not liable for damages caused by intent or equivalent gross negligence by non-executive employees.

9.6 This warranty does not apply if:
A) the customer is in default towards WONDERBYWOOD;
B) the customer has repaired and/or altered the delivered artworks themselves or has had them repaired and/or altered by third parties;
C) the delivered artworks have been exposed to abnormal conditions or otherwise treated carelessly or in violation of WONDERBYWOOD's instructions and/or the instructions on the packaging;
D) the defect results entirely or partially from regulations that the government has set or will set regarding the nature or quality of the materials used.

ARTICLE 10 – PAYMENT
10.1 Unless otherwise agreed, payment must be made as follows: via the available payment options in the webshop, via a payment link on the invoice, or by bank transfer. Payment in installments is not possible.

10.2 In the event of bankruptcy, suspension of payments, or a request for either by the customer, all claims of WONDERBYWOOD and all obligations of the customer towards WONDERBYWOOD become immediately due and payable.

10.3 If WONDERBYWOOD must hand over its claim for collection, the customer will owe a fixed amount of 15% of the outstanding amount in extrajudicial collection costs, with a minimum charge of €250.

ARTICLE 11 RETENTION OF TITLE
11.1 The ownership of all artworks sold and delivered by WONDERBYWOOD to the buyer shall remain with WONDERBYWOOD for as long as the buyer has not fulfilled the claims of WONDERBYWOOD under the agreement or any previous or subsequent similar agreements, including claims regarding penalties, interest, and costs.

11.2 The buyer is not authorized to pledge, encumber, or resell the artworks covered by the retention of title in any way.

11.3 If third parties seize the artworks delivered under retention of title or wish to establish or assert rights over them, the buyer is obliged to inform WONDERBYWOOD as soon as can reasonably be expected.

11.4 The buyer is obliged to insure and keep insured the artworks delivered under retention of title against fire, explosion, and water damage as well as theft, and to provide WONDERBYWOOD with access to the insurance policy upon first request.

ARTICLE 12 PRIVACY
12.1 WONDERBYWOOD respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. This information will not be sold, shared, or rented to third parties in any way other than as stated in this privacy policy.

12.2 Information that can be used to identify an online visitor to WONDERBYWOOD’s website is voluntarily provided by the visitor. This information may be used within WONDERBYWOOD (and its subsidiaries and brands) to make visits to our websites as easy and enjoyable as possible. Additionally, this information may be used for analysis and to provide information about WONDERBYWOOD's product portfolio. The buyer expressly consents to this. WONDERBYWOOD is entitled to disclose information about a visitor in special cases; for example, to identify, contact, or initiate legal proceedings against someone who, whether intentionally or unintentionally, infringes the rights or property of WONDERBYWOOD, other users of its website, or others who could suffer damage.

12.3 WONDERBYWOOD collects non-personal information about online visitors to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data can be deleted at the request of the online visitor, provided this does not require disproportionate effort or cost for WONDERBYWOOD.

ARTICLE 13 INTELLECTUAL PROPERTY RIGHTS
13.1 Unless explicitly agreed otherwise in writing, full copyright and all other intellectual and industrial property rights relating to the artworks or services delivered by WONDERBYWOOD, such as trademark rights, design rights, patent rights, sui generis database rights, etc., are vested exclusively with WONDERBYWOOD and/or its suppliers.

13.2 The parties agree to take sufficient measures to ensure confidentiality regarding each other's confidential information obtained during the execution of the agreement.

ARTICLE 14 APPLICABLE LAW
All offers and agreements from WONDERBYWOOD are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.

ARTICLE 15 DISPUTES
15.1 The buyer can send questions and/or complaints to info@wonderbywood.com, available Monday through Saturday from 09:00 AM to 5:00 PM. Complaints are generally processed within 30 days. If, for any reason, this is not possible, the buyer will be informed of the delay.

15.2 The buyer has the opportunity to submit the dispute to an independent disputes committee. This could be the Thuiswinkel Disputes Committee or another equivalent disputes committee, without prejudice to the buyer's right to submit the dispute to a competent court.