Terms and Conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of WuxiZ

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 WuxiZ in the event of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Compliance and additional warranty

Article 13 - Delivery and performance

Article 14 - Continuing performance contracts: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are delivered by WuxiZ or by a third party on the basis of an agreement between that third party and WuxiZ;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: an agreement for the regular delivery of goods, services and/or digital content during a specified period;
Durable data carrier: any tool, including e-mail, that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Distance contract: a contract concluded between WuxiZ and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions;
WuxiZ: the legal entity as further defined in Article 2, which offers products, (access to) digital content and/or services to consumers remotely as set out in these general terms and conditions;
Means of distance communication: any means that can be used to conclude an agreement without the consumer and the trader having to be physically present in the same space at the same time;

Article 2 - Identity of WuxiZ

Name of trader: Wuxiz Boutique

Registered address: Kleipeer 31

Email address: info@wuxiz.com

Chamber of Commerce number: 94197032

VAT identification number: NL004320811B74

Article 3 - Applicability

These general terms and conditions apply to every offer made by WuxiZ and to every distance contract concluded between the trader and the consumer. Lorem I
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, WuxiZ will indicate before the distance contract is concluded how the general terms and conditions can be viewed at WuxiZ and that they will be sent free of charge as soon as possible at the consumer's request.
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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's 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 mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly 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 the consumer to make a proper assessment of the offer. If WuxiZ uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on WuxiZ.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

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.
If the consumer has accepted the offer electronically, WuxiZ will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by WuxiZ, the consumer can terminate the agreement. After receiving this confirmation, it is no longer possible for the consumer to terminate or cancel the agreement: however, the consumer can make use of the right of withdrawal (Article 6).
If the agreement is concluded electronically, WuxiZ will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, WuxiZ will take appropriate security measures to this end.
WuxiZ may, within legal frameworks, inform itself 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 agreement. If, on the basis of this investigation, WuxiZ has good grounds for not entering into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
WuxiZ shall, at the latest upon delivery of the product, service or digital content to the consumer, provide 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:
1. the visiting address of the WuxiZ branch where the consumer can submit complaints;
2. 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;
3. information about guarantees and existing after-sales service;
4. the price, including all taxes, of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
6. if the consumer has a right of withdrawal, 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

The consumer may terminate an agreement relating to the purchase of a product during a cooling-off period of at least 14 (fourteen) days without giving reasons. WuxiZ may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. WuxiZ may refuse an order for multiple products with different delivery times,
2. provided that it has clearly informed the consumer of this prior to the ordering process.
3. 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, received the last shipment or the last part;
  in the case of contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

For services and digital content not delivered on a tangible medium:

The consumer may terminate a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium for at least 14 days without giving reasons. WuxiZ may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not delivered on a tangible medium in the event of failure to inform about the right of withdrawal:

If WuxiZ has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If WuxiZ has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer shall only be liable for any diminished value of the product resulting from the handling of the product beyond what is permitted in paragraph 1.
The consumer shall not be liable for any diminished value of the product if WuxiZ has failed to provide him with all legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he shall notify WuxiZ of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) WuxiZ. This is not necessary if WuxiZ has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by WuxiZ.
The risk and 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 WuxiZ has not indicated that the consumer must bear these costs or if WuxiZ indicates that it will bear the costs itself, the consumer does not have to bear the costs of returning the product.
The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:
1. he has not expressly agreed prior to delivery to commence performance of the contract before the end of the cooling-off period;
2. he has not acknowledged that he will lose his right of withdrawal when giving his consent; or
3. WuxiZ has failed to confirm this statement by the consumer.
If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 - Obligations of WuxiZ in the event of withdrawal

If WuxiZ enables the consumer to notify withdrawal electronically, it shall send a confirmation of receipt immediately upon receipt of this notification.
WuxiZ shall reimburse all payments made by the consumer, including any delivery costs charged by WuxiZ for the returned product, without delay but within 14 (fourteen) days following the day on which the consumer notifies it of the withdrawal. Unless WuxiZ offers to collect the product itself, it may wait to refund until it has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
WuxiZ will use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, WuxiZ does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

WuxiZ may exclude the following products and services from the right of withdrawal, but only if WuxiZ has clearly stated this in the offer, at least in good time before the conclusion of the contract:

Products or services whose price is dependent on fluctuations in the financial market over which WuxiZ has no influence and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by WuxiZ to consumers who are physically present or have the opportunity to be physically present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
1. performance has begun with the consumer's express prior consent; and
2. the consumer has declared that they will lose their right of withdrawal once WuxiZ has fully performed the agreement;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, by their nature, have been irrevocably mixed with other products after delivery;
Alcoholic beverages whose price was agreed upon at the time of conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which WuxiZ 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 to them;
The delivery of digital content other than on a tangible medium, but only if:
1. the performance has begun with the consumer's express prior consent; and
2. the consumer has declared that he thereby 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 will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, WuxiZ may offer products or services whose prices are subject to fluctuations in the financial market and over which WuxiZ has no influence, at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
Price increases within 3 months of 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 WuxiZ has stipulated this and:
they are the result of 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.
The prices stated in the offer of products or services include VAT.

Article 12 - Fulfilment of the agreement and additional guarantee

WuxiZ guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, WuxiZ also guarantees that the product is suitable for other than normal use.
An additional warranty provided by WuxiZ, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against WuxiZ on the basis of the agreement if WuxiZ has failed to fulfil its part of the agreement.
An additional warranty is understood to mean any commitment by WuxiZ, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

Article 13 - Delivery and execution

WuxiZ will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to WuxiZ.
With due observance of the provisions of Article 4 of these general terms and conditions, WuxiZ will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without incurring any costs and is entitled to compensation.
After termination in accordance with the previous paragraph, WuxiZ will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with WuxiZ until the moment of delivery to the consumer or a representative designated in advance and made known to WuxiZ, unless expressly agreed otherwise.

Article 14 - Continuing performance contracts: duration, termination and renewal

Termination:

The consumer may terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month. The consumer may terminate an agreement that has been entered into for a definiteperiod and that extends to the regular delivery of products or services at any time at the end of the specified period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;
at least in the same manner as these agreements were entered into by him;
always with the same notice period as WuxiZ has stipulated for itself.

Renewal:

An agreement entered into for a fixed period and which extends to the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.
Contrary to the previous paragraph, an agreement entered into for a fixed period may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month.

Duration:

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 fairness and reasonableness preclude termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 (fourteen) days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement to provide a service, this period shall commence on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
The consumer has a duty to report any inaccuracies in the payment details provided or stated to WuxiZ without delay.
If the consumer fails to meet his payment obligation(s) on time, after WuxiZ has notified him of the late payment and WuxiZ has granted the consumer a period of 14 (fourteen) days to still meet his payment obligations, after failure to pay within this 14-day -term, the consumer will owe statutory interest on the amount still due and WuxiZ will be entitled to charge the extrajudicial collection costs it has incurred. These collection costs will amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. WuxiZ may deviate from the aforementioned amounts and percentages in favour of the consumer.

Article 16 - Complaints procedure

WuxiZ has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to WuxiZ within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to WuxiZ will be answered within a period of 14 (fourteen) days from the date of receipt.
If a complaint requires a foreseeable longer processing time, WuxiZ will respond within the period of 14 (fourteen) days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

Article 17 – Disputes

Agreements between WuxiZ and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court in the district where WuxiZ has its registered office.

Article 18 – Additional or deviating provisions

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