General Terms and Conditions of Walking my Revolution, located in Nibbixwoud
Version valid from May 15, 2017.
1. General
1.1 Walking my Revolution is a sole proprietorship. These general terms and conditions apply only to all offers, services, and products of the division Walking my Revolution. The terms and conditions are accessible to everyone and are included on the Walking my Revolution website. Walking my Revolutionwebsite. We will send you a written copy upon request.
1.2 By placing an order, you indicate that you agree to the delivery and payment terms and conditions. Walking my Revolution reserves the right to change its delivery and/or payment terms after the term has expired.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or provisions of third parties will not be accepted by Walking my Revolution .
1.4 Walking my Revolution guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery will take place while stocks last.
2.2 In accordance with the rules governing distance selling, Walking my Revolution will execute orders within at least 2 working days. If this is not possible because the ordered item is out of stock or no longer available, or there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer will be notified within 5 working days of placing the order and in that case has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of Walking my Revolution shall, subject to proof to the contrary, be fulfilled as soon as the goods have been delivered to the addressee. Walking my Revolution has been offered to the customer once. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All timeframes mentioned on the website are indicative. Therefore, no rights can be derived from the timeframes mentioned.
3. Prices
3.1 Prices will not be increased during the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in euros and include VAT.
4. Viewing period / right of withdrawal
4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period commences at the moment the ordered goods are delivered. If, after this period has expired, the customer has not returned the delivered goods to Walking my Revolution , the purchase is final. Before returning the goods, the customer is obliged to notify Walking my Revolution in writing within 14 working days of delivery. Walking my Revolution. The customer must prove that the delivered items have been returned in time, for example by means of proof of postal delivery. The items must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered, or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph shall lapse. With due observance of the provisions of the previous sentence, Walking my Revolution will ensure that the full purchase price, including the calculated shipping costs, is refunded to the customer within 30 days of receipt of the return shipment. The return shipment of the delivered items is entirely at the expense and risk of the customer.
4.2 The right to terminate, as described in the previous paragraph, only applies to the delivered goods and will in no case apply to services such as participation in trade fairs or workshops.
4.3 The right of withdrawal does not apply to:
- services whose performance, with the consumer's consent, has begun before the end of the seven-day period,
- goods manufactured according to consumer specifications, for example custom-made goods, or goods that are clearly personal in nature,
- for goods or services that cannot be returned due to their nature, for example for hygiene reasons or because they can spoil or age quickly,
- audio and video recordings and computer software whose seal has been broken by the consumer
5. Data management
5.1 If you place an order with Walking my Revolution, your details will be included in the customer database of Walking my Revolution. Walking my Revolution complies with the Personal Data Registration Act and will not disclose your data to third parties. See our Privacy Policy.
5.2 Walking my Revolution respects the privacy of users of the website and ensures that your personal data is treated confidentially.
5.3 Walking my Revolution uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.
6. Warranty and conformity
6.1 The entrepreneur 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.
6.2 Any guarantee offered by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur on the basis of the law and/or the distance contract in respect of a failure to fulfill the entrepreneur's obligations.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered goods are incorrect, defective, or incomplete, the customer must (before returning them to Walking my Revolution), immediately report these defects in writing to Walking my Revolution. Any defects or incorrectly delivered goods must and can be reported to Walking my Revolution in writing. The goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Use after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect will void this right to complain and return the goods.
6.4 If complaints from the customer are not resolved by Walking my Revolution , Walking my Revolution will, at its discretion, either replace the delivered goods free of charge or reach a written agreement with the customer regarding compensation, on the understanding that the liability of Walking my Revolution and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the discretion of Walking my Revolution) to the maximum amount covered by the liability insurance of Walking my Revolution . Any liability on the part of Walking my Revolution for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage, or damage due to lost profits.
6.5 This warranty does not apply if:
- and as long as the customer is in breach of Walking my Revolution ;
- the customer has repaired and/or modified the delivered goods themselves or had them repaired/modified by third parties.
- the delivered goods have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of Walking my Revolution and/or the instructions for use on the packaging;
- the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used;
7. Offers
7.1 Offers are non-binding, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Walking my Revolution reserves the right to revoke or deviate from the offer within 3 working days of receiving that acceptance.
7.3 Verbal commitments are binding Walking my Revolution only after they have been expressly confirmed in writing.
7.4 Offers from Walking my Revolution do not automatically apply to repeat orders.
7.5 Walking my Revolution cannot be held to its offer if the customer should have understood that the offer, or part thereof, contained an obvious mistake or clerical error.
7.6 Additions, amendments, and/or further agreements shall only be valid if agreed in writing.
8. Agreement
8.1 An agreement between Walking my Revolution and a customer is concluded after an order has been placed by Walking my Revolution has assessed its feasibility.
8.2 Walking my Revolution reserves the right to refuse orders or assignments without stating reasons, or to accept them only on condition that shipment is made cash on delivery or after advance payment.
9. Images and specifications
9.1 All images; photos, drawings, etc.; including information regarding weights, dimensions, colors, images of labels, etc. on the website of Walking my Revolution are only approximate, are indicative, and cannot give rise to compensation or termination of the agreement.
10. Force majeure
10.1 Walking my Revolution is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any external cause, as well as any circumstance, which cannot reasonably be considered to be at its risk. Delays or breaches of contract by our suppliers, disruptions to the Internet, power failures, disruptions to email traffic, and disruptions or changes to technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/or manufacturers of Walking my Revolution as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly considered force majeure.
10.3 Walking my Revolution reserves the right to suspend its obligations in the event of force majeure and is also entitled to terminate the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that performance remains possible. Under no circumstances will Walking my Revolution is obliged to pay any penalty or compensation.
10.4 If Walking my Revolution has already partially fulfilled its obligations at the time of the occurrence of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or deliverable separately, and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
11. Liability
11.1 Walking my Revolution is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.
12. Retention of title
12.1 Ownership of all Walking my Revolution to the customer remains with Walking my Revolution as long as the customer fails to pay the claims of Walking my Revolution under the agreement or earlier or later similar agreements, as long as the customer has not yet paid for the work performed or to be performed under this or similar agreements, and as long as the customer has not yet paid the claims of Walking my Revolution due to failure to fulfill such obligations, including claims relating to penalties, interest, and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
12.2 The Walking my Revolution that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge the goods subject to retention of title or to encumber them in any other way.
12.4 The customer hereby grants Walking My Revolution unconditional and irrevocable permission Walking my Revolution or a party authorized by Walking my Revolution to access and use the data in all cases where Walking my Revolution wishes to exercise its property rights, to enter all those places where its property will then be located and to take those items with it.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the customer is obliged to Walking my Revolution as soon as reasonably expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion, and water damage, as well as against theft, and to make the insurance policy available for inspection upon first request to Walking my Revolution.
13. Applicable law/competent court
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law in the event of disputes falling within the jurisdiction of the subdistrict court.
