WE General Conditions Web Store

1. DEFINITIONS

In these General Conditions the following terms are defined as:
1.   Consumer: the natural person who does not act in the exercise of a profession or business and remotely concludes an agreement with WE Netherlands B.V.;
2.   Remote Agreement: an agreement whereby, within the context of a sales system for the remote sale of products and/or services organised by WE Netherlands B.V., up to the conclusion of the agreement, exclusive use is made of one or    more techniques for remote communication;
3.   Technology for remote communication: resources that can be used for the conclusion of an agreement, without the consumer and WE Netherlands B.V. coming together in the same room simultaneously;
4.   Reconsideration Period: the term within which the consumer can make use of his right of withdrawal;
5.   Right of Withdrawal: the possibility a consumer has to cancel the remote agreement within the reconsideration period;
6.   Day: a calendar day.

2.  APPLICABILITY
2.1   These General Conditions apply to all offers made by WE Netherlands B.V. in its web store and to all remote agreements concluded between the consumer and WE Netherlands B.V. The consumer accepts the General Conditions by ordering in the web store.
2.2   In addition to these General Conditions, if explicitly indicated, additional conditions may apply to certain products.

3.    FORMATION OF THE AGREEMENT
3.1   The agreement will be formed at the moment the consumer accepts the offer of WE Netherlands B.V. electronically.
3.2   If the consumer has accepted the offer electronically, WE Netherlands B.V. will immediately send an electronic confirmation of receipt of the acceptance of the offer. For as long as this acceptance has not been confirmed the consumer will be able to dissolve the agreement.
3.3   WE Netherlands B.V. will implement suitable technical and organisational measures to secure the electronic transfer of data and WE Netherlands B.V. will arrange for a secure web environment. If the consumer pays electronically, WE Netherlands B.V. will observe the suitable security measures.
3.4   WE Netherlands B.V. will be authorised - within the statutory framework - to find out whether the consumer can comply with his payment obligations, as well as obtain information on all those facts and factors that are of importance for concluding the Remote Agreement in a responsible manner. If WE Netherlands B.V., pursuant to this investigation, has good reason not to conclude the agreement, it will be entitled to refuse an order or application while stating the reasons therefore.
3.5   WE Netherlands B.V. is free to refuse an order or application or make the execution of the order subject to special conditions. This will be completely at WE Netherlands B.V.'s discretion and does not need to be substantiated. If WE Netherlands B.V. refuses an order or application, WE Netherlands B.V. will immediately inform the consumer.
 

4     THE OFFER
4.1   If an offer has a limited term or is made subject to conditions, this will be stated explicitly in the offer.
4.2   The offer will contain a full and accurate description of the products and/or services offered. The description will be sufficiently detailed to enable the consumer to make a sound assessment of the offer. If WE Netherlands B.V. makes use of images these will be a faithful representation of the products and/or services offered. Obvious mistakes or errors in the offer will not be binding upon the WE Netherlands B.V.
4.3   The website will contain such information that it is clear to the consumer what rights and obligations are attached to the acceptance. This concerns, in particular:
·         the price including taxes;
·         any delivery costs;
·         the manner in which the agreement is formed and what acts this will require;
·         any applicability of the right of withdrawal;
·         the manner for payment, delivery or performance of the agreement;
·         the term for acceptance of the offer, or the term for settling the price;

5     THE PRICE / DISPATCH COSTS
5.1   The prices at the time of the order of an article will apply. All prices are expressed in Euros, in accordance with the relevant statutory rules, and include turnover tax.
5.2   Special offers are valid for the term as stated in that offer. This notification will be printed in a folder or will be stated on the Internet site with respect to that special offer.
5.3   The prices mentioned in the web shop are exclusive of dispatch costs. It is irrelevant for the amount of dispatch costs and cash on delivery charges whether you order one or more articles.

6   PAYMENT
6.1  Orders via the web store can be paid in the following ways:
 • iDEAL
 • Credit card (VISA, MasterCard, American Express);

WE Netherlands B.V. may expand the payment possibilities. Other payment options will be made known via the Internet site.
6.2  If a payment term has been agreed by WE Netherlands B.V., the mere expiry of this term will       mean that the consumer is in default. Payment terms can only be agreed in writing, subject to         conditions to be set and agreed at that time.
6.3  In the event a payment method involving a credit card is chosen, the conditions of the relevant credit card company will apply. WE Netherlands B.V. is not a party to the relationship between the consumer and the credit card company.
6.4  All (extra) judicial costs of whatever nature, including the costs of a reminder procedure,  incurred by WE Netherlands B.V as a result of the consumer's failure to comply with its (payment) obligation, will be for the account of the consumer as well.
6.5  In the event of late payment, WE Netherlands B.V will be authorised to terminate the agreement with immediate effect or to suspend (further) delivery until the moment at which the consumer has complied with the payment obligations in full, including the payment of costs as mentioned in paragraph 6.4.

7         DELIVERY
7.1       WE Netherlands B.V, or a third party, will dispatch  the accepted orders as quickly as possible in the order they were received. If a product is in stock, the delivery time will customarily amount to 3 working days from the date on which the product was ordered.
7.2       If delivery cannot be made, or cannot be made on time, because for example the ordered articles are not in stock, the consumer will be informed as soon as possible.
7.3       WE Netherlands B.V will not be liable for any damage whatsoever as a result of the exceeding the announced delivery terms.

 
8         RETURNING AND THE RIGHT OF WITHDRAWAL
8.1       The consumer will be obliged to inspect (or have inspected) the products carefully immediately after receipt.
8.2       It will be allowed to return articles bought in the web shop, without stating reasons. This has to be done within fourteen days after delivery of the relevant product, under the condition that the products have not been worn or otherwise used or damaged. The consumer can return the article by means of the return ticket and his/her money will be refunded.
8.3       If the consumer has exercised his or her right of withdrawal, as referred to in the previous paragraph, WE Netherlands B.V. will arrange for repayment of the amount paid by the consumer within 30 days, excluding the delivery costs.
8.4       Exchange will not be possible.

9         RETENTION OF TITLE
9.1       The articles will remain WE Netherlands B.V.'s property until the consumer has settled the entire invoice amount.
9.2       The consumer will not be allowed to burden, sell, resell, alienate or encumber the products in any other way until ownership thereof has been transferred.

10        GUARANTEE AND LIABILITY
10.1      WE Netherlands B.V. guarantees that the products and/or services are in accordance with the agreement, the specifications stated in the agreement, the reasonable requirements of soundness and/or usability and the current statutory provisions and/or government regulations at the date the agreement is formed.
10.2      WE Netherlands B.V. will at no time be obliged to pay any direct or indirect compensation to the consumer or third parties, unless in the event of intent or gross negligence on the part of WE Netherlands B.V.
10.3      If WE Netherlands B.V., for whatever reason, is obliged to compensate any damage the amount of compensation will never be higher that an amount equal to the invoice value with respect to the product that caused the damage.
10.4      Despite the constant care and attention WE Netherlands B.V. devotes to the composition of the web site, it is possible that information published on the web site is incomplete and/or inaccurate.
10.5      The information on the web site is regularly supplemented and/or adjusted. WE Netherlands B.V. reserves the right to implement any changes with immediate effect and without notification.
10.6      The consumer will be obliged to indemnify WE Netherlands B.V. against any claims with respect to the implementation of the agreement brought against WE Netherlands B.V. by third parties, to the extent the law does not oppose the relevant damage and costs being for the account of the consumer.
10.7      WE Netherlands B.V. is affiliated with the Nederlandse Thuiswinkel Organisatie (Dutch Homeshopping Association, Thuiswinkel.org). This guarantees good quality and correct service. Consumers who make use of the services of WE Netherlands B.V. via the web store, can invoke special regulations on disputes (see also Article 16).
10.8      It is possible that WE Netherlands B.V. incorporates links on its Internet site to other Internet sites that may be of interest or informative for visitors. Such links are exclusively informative in nature. WE Netherlands B.V. is not responsible for the content of the Internet site the links refer to or the use that can be made of them.

11        FORCE MAJEURE
11.1      In the event of force majeure, WE Netherlands B.V. will not be obliged to comply with its obligations to the consumer, or the obligation will be suspended for the duration of the force majeure.
11.2      Force majeure is considered to be any circumstance independent of its intent, which obstructs the performance of its obligations towards the consumer in whole or in part. Those circumstances include strikes, fire, operational failures, energy failures, no or late delivery by suppliers or other third-parties engaged and the lack of any permit to be obtained from the government. Force majeure will also be taken to mean failures in a (telecommunications) network or connection or communication systems used and/or unavailability of the web site at any time.

12        INTELLECTUAL PROPERTY
12.1      The consumer explicitly acknowledges that all intellectual property rights of the information reflected, signs, announcements or other communications concerning the products and/or with respect to the Internet site are vested in WE Netherlands B.V., affiliated companies, its suppliers or other entitled parties. Intellectual property rights will include patent rights, copyrights, trademark rights, design rights and/or other (intellectual property) rights, including as well sui generis rights to databases and topography of semi-conductor products, or other products, as well as – whether or not patentable - technical and/or commercial knowhow, methods and concepts.
12.2      The consumer engages himself not to make infringing use of the intellectual property rights as referred to in this Article.

13        PRIVACY
13.1      By placing an order, the consumer, at that time, grants WE Netherlands B.V. permission to use the consumer's personal data if necessary. WE Netherlands B.V. will exclusively use the consumer's data to the extent necessary for the performance of the services. The personal data provided by the consumer will not be provided to third parties for commercial purposes without the consumer's consent.
13.2      The consumer's data will only be retained to the extent this is necessary for the realisation of the objectives for which the personal data are acquired and processed by WE Netherlands B.V. In addition to the performance of the agreement, this will include the realisation of marketing purposes and the maintenance of the client relationship with the consumer.
13.3      WE Netherlands B.V. will only process the consumer's personal data in accordance with its privacy policy. The Internet site contains a Privacy Statement.

14        PERSONAL DATA/AGE LIMIT
14.1      WE Netherlands B.V. does not accept orders from persons aged younger than 18.

15        APPLICABLE LAW
15.1      All WE Netherlands B.V. offers and agreements will be exclusively governed by Dutch law.

 
16        DISPUTES
16.1      Consumers with questions and/or complaints can call the WE Netherlands B.V. after-sales service at number 0800 - 93327446 (free from a fixed line). Available from Monday to Friday from 9 am to 6 pm. The email address of the after-sales services contact@wefashion.com. Complaints will customarily be handled within 30 days. If this is not possible for any reason, the purchaser will be informed of the duration of the delay.
16.2      The consumer will be provided the opportunity to submit the dispute to an independent disputes committee. This can concern the Thuiswinkel disputes committee or a different equivalent disputes committee, which does prejudice the purchaser's right to submit the dispute to the competent court.

17        COMPANY INFORMATION
WE Netherlands B.V. has its registered office and main place of business at Reactorweg 101 (3542 AD) in Utrecht and is registered in the Trade Register under number: 30091 181 0000.