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 execution

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 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who 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 the entrepreneur to store information addressed personally to them 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 form for withdrawal provided by the entrepreneur which a consumer may use when exercising their 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 organised 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 present in the same place at the same time.
Terms and Conditions: these present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Wixx Coatings
Fluorietweg 27a
1812 RR Alkmaar
Email address: [email protected]
Chamber of Commerce number: 80780644
VAT identification number: NL861797772B01

If the activity of the entrepreneur is subject to a relevant licensing scheme:

the details of the supervisory authority:

If the entrepreneur exercises a regulated profession:

– the professional association or organisation to which they are affiliated;
– the professional title, the place in the EU or the European Economic Area where it was awarded;
– a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

Article 3 – Applicability

These 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 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 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, the text of these terms and conditions may, contrary to the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the terms and conditions can be accessed electronically and that they will be sent free of charge upon request, either electronically or otherwise.
In the event that specific product or service conditions also apply in addition to these terms and conditions, paragraphs 2 and 3 shall apply accordingly, and the consumer may always rely on the applicable provision that is most favourable to them in the event of conflicting terms and conditions.
If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced by mutual agreement without delay with a provision that most closely reflects the intent of the original provision.
Situations not regulated in these terms and conditions must be assessed in accordance with the spirit of these terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions must be interpreted in accordance with the spirit of these terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify 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 properly assess the offer. If the entrepreneur uses images, these are a true 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 true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours 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 shipping costs;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 execution of the agreement;

the period for acceptance of the offer or the period during which the entrepreneur guarantees the price;
the amount 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 tariff for the communication method used;
whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;
the manner in which the consumer can, before concluding the agreement, check and, if desired, correct the data provided by them in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has subjected themselves and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of an ongoing transaction.
Optional: available sizes, colours, types of materials.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the 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 organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
The entrepreneur may, within the limits of the law, obtain information about the consumer’s ability to meet their payment obligations, as well as about all facts and factors that are relevant to responsibly entering into the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, they are entitled to refuse an order or application with reasons or to attach special conditions to the execution.
The entrepreneur shall provide the consumer, together with the product or service, 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:
the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before 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 concluded for an indefinite period.
In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

In 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 its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the right of withdrawal, they shall return the product to the entrepreneur with all delivered accessories and, insofar as reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receipt of the product. This notification must be made using the model withdrawal form. After the consumer has notified that they wish to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If the consumer has not notified their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur after expiry of the periods mentioned in paragraphs 2 and 3, the purchase shall be deemed final.

In case of delivery of services:

In the case of the provision of services, the consumer has the option to dissolve the agreement without giving reasons for a period of at least 14 days, commencing on the day the agreement is concluded.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur in 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. This refund is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund shall be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
In the event of damage to the product due to careless handling by the consumer, the consumer shall be liable for any reduction in the value of the product.
The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal, which must be provided prior to the conclusion of 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 shall only apply if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been manufactured by the entrepreneur in accordance with the consumer’s specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that are liable to deteriorate or expire rapidly;
the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.
for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
the performance of which has begun with the express consent of the consumer before the expiry of the cooling-off period;
concerning 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.
By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any prices stated are indicative prices shall be mentioned in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur 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 are inclusive of VAT.
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 printing and typographical 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, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A 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 four weeks after delivery. Products must be returned in their 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 themselves or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or the instructions stated on 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 execution

The entrepreneur shall exercise the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
The place of delivery shall be the address provided by the consumer to the company.
Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than within 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 free of charge. The consumer is not entitled to any compensation.
All delivery periods are indicative. No rights may be derived from any stated periods. Exceeding a period 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 to be impossible, the entrepreneur shall make every effort to provide a replacement item. At the time of 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

The consumer may terminate an agreement concluded for an indefinite period and relating to the regular delivery of products (including electricity) 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 concluded for a fixed period and relating to the regular delivery of products (including electricity) or services at any time at the end of the fixed 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 restricted to termination at a specific time or during a specific period;
at least in the same manner as they were entered into by the consumer;
always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement concluded for a fixed period and relating to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
By way of exception to the previous paragraph, an agreement concluded for a fixed period and relating to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a fixed period and relating to 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, and with a notice period of no more than three months in the case of agreements relating to the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines by way of trial or introduction (trial or introductory subscription) shall not be tacitly renewed and shall end automatically at the end of the trial or introductory period.

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 termination before the end of the agreed duration is contrary to the principles of reasonableness and fairness.

Article 13 – Payment

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

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these terms and conditions apply shall be governed exclusively by Dutch law, even if the consumer resides abroad.
The Vienna Convention on Contracts for the International Sale of Goods shall not apply.

Article 16 – Additional or deviating provisions

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