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 - 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 the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes

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 contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;

Reflection period : the period within which the consumer can make use of his right of withdrawal;

Consumer : the natural person who is not acting for purposes relating to his trade, business, craft or profession;

Day : calendar day;

Digital content : data produced and supplied in digital form;

Duration contract : a contract aimed at the regular delivery of goods, services and/or digital content over a specific period;
Durable medium : any instrument - including email - that enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information;

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

Entrepreneur : the natural or legal person who offers Warmbat products remotely to consumers;
Distance contract : an agreement concluded between the trader 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 agreement exclusive or partly use is made of one or more techniques for distance communication; Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions. Appendix I does not need to be made available if the consumer has no right of withdrawal in respect of his order;

Distance communication technology : means that can be used to conclude an agreement without the consumer and the trader having to be in the same place at the same time.

Article 2 - Identity of the entrepreneur

Brandfusion Holland BV, inc. Warmbat
Einsteinweg 25
3404 LH IJsselstein, The Netherlands
Tel: +31 (0)30-6879295 (between 9:30 AM and 4:00 PM, max €1 per call)
E-mail: info@warmbatshop.nl

Chamber of Commerce number: 33249147
VAT no.: NL802046587B01

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 contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;

Reflection period : the period within which the consumer can make use of his right of withdrawal;

Consumer : the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day : calendar day;

Digital content : data produced and supplied in digital form;
Duration contract : a contract aimed at the regular delivery of goods, services and/or digital content over a specific period;

Durable medium : any instrument - including email - that enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information;

Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period;

Entrepreneur : the natural or legal person who offers Warmbat products remotely to consumers;
Distance contract : an agreement concluded between the entrepreneur 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 agreement exclusive or partly use is made of one or more techniques for distance communication;

Model withdrawal form : the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not need to be provided if the consumer has no right of withdrawal in respect of his order;

Distance communication technology : means that can be used to conclude an agreement without the consumer and the trader having to be in the same place at the same time.

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be consulted at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically 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 apply accordingly and, in the event of conflicting conditions, the consumer can always rely on 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 properly assess the offer. If the entrepreneur 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 the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting 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 therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will 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 will implement appropriate security measures.

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:

the visiting address of the entrepreneur's establishment where the consumer can go with 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;

the information about warranties and existing after-sales service;

the price inclusive of all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;

if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

The consumer can cancel a contract regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
The reflection period referred to in paragraph 1 commences on the day after the consumer,

or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided the consumer is clearly informed of this prior to the ordering process.
if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;

for contracts for regular delivery of products over a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

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

During the cooling-off period, the consumer will handle the product and its packaging with care. They will 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 they would be allowed to do in a store.
The consumer is only liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.

The consumer is not liable for any diminished value of the product if the trader has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

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 the entrepreneur 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 must return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product itself. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.

The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer shall bear the direct costs of returning the product.

If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product (with the exception of any additional costs resulting from the minimum order size or your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and within 14 days following the day on which the consumer notified them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold reimbursement until they have received the product or until the consumer proves that they have returned the product, whichever is the earliest.

The entrepreneur will use the same payment method that the consumer used for reimbursement, 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 delivery method than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

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

Products or services whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obligated to purchase the products, digital content, and/or services;

Products manufactured to consumer 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 which are not suitable for return for reasons of health protection or hygiene and were unsealed after delivery;
Products which after delivery are irreversibly mixed with other products by their nature;

Alcoholic beverages, the price of which has been agreed upon at the time the contract is concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;

Newspapers, periodicals or magazines, except for subscriptions to these;

Article 11 - The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after 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 the entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel 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 - Compliance with the agreement and additional 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 legal 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 other than normal use.

An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil its part of the agreement.
An extended warranty is understood to mean any obligation of the entrepreneur, 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

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has provided to the entrepreneur.
Subject to the provisions of Article 4 of these terms and conditions, the entrepreneur will fulfill accepted orders expeditiously, but no later than 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 free of charge and is entitled to any compensation.

After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Payment

Unless otherwise stated in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never obligate the consumer to pay more than 50% in advance. If an advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.

The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
If the consumer fails to meet their payment obligation(s) on time, after the entrepreneur has notified them of the late payment and has granted the consumer a period of 14 days to still meet their payment obligations, if payment is not made within this 14-day period, the consumer will owe statutory interest on the outstanding amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs 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. The entrepreneur may deviate from the aforementioned amounts and percentages to the consumer's advantage.

Article 15 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

The consumer must give the entrepreneur at least four weeks to resolve the complaint amicably. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 16 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.