Terms and conditions

ALGEMENE VOORWAARDEN (GENERAL TERMS AND CONDITIONS)

Website: widiba.nl

These General Terms and Conditions (hereinafter referred to as "Terms") apply to every offer made by Widiba.nl (hereinafter referred to as "we," "us," or "Widiba") and to every remote agreement concluded between Widiba and the Consumer (hereinafter referred to as "you").

Before placing an order, you should carefully read these Terms. By using the website and/or placing an order, you agree to the applicability of these Terms.

ARTICLE 1 – IDENTITY OF THE ENTREPRENEUR

Name of the Entrepreneur: Widiba.nl Trading under the name: Widiba Email Address: post@widiba.nl

ARTICLE 2 – APPLICABILITY

1. These Terms apply to every offer from Widibashop and to every agreement and order concluded between Widibashop and the consumer.

2. Before the remote agreement is concluded, the text of these Terms will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the Terms can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.

3. If the remote agreement is concluded electronically, the text of these Terms, contrary to the previous paragraph, may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier.

ARTICLE 3 – THE OFFER

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

2. 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. Obvious mistakes or errors in the offer do not bind Widiba.

3. All images, specifications, and data in the offer are an indication and cannot be a reason for compensation or dissolution of the agreement.

ARTICLE 4 – THE AGREEMENT

1. The agreement is concluded, subject to the provisions in paragraph 4, at the time the consumer accepts the offer and complies with the corresponding conditions.

2. If the consumer has accepted the offer electronically, Widiba will immediately confirm receipt of the acceptance of the offer electronically.

3. Widiba will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment.

4. Widiba can, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the remote agreement.

ARTICLE 5 – RIGHT OF WITHDRAWAL (COOLING-OFF PERIOD)

1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without stating reasons. This reflection period starts on the day after the consumer, or a third party designated by the consumer in advance, has received the product.

2. During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.

3. If the consumer exercises his right of withdrawal, he must notify Widiba within the reflection period using the model withdrawal form or another unambiguous method.

4. The consumer will return the product as quickly as possible, but within 14 days from the day of withdrawal, or hand it over to Widiba or an authorized representative of Widiba. The consumer bears the direct costs of returning the product, unless Widiba failed to inform the consumer that he must bear these costs.

5. Widiba will reimburse the payments made by the consumer, including any delivery costs charged by Widiba for the returned product, without delay, but within 14 days following the day the consumer notifies him of the withdrawal. Widiba may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product.

Exclusion of the right of withdrawal:

The right of withdrawal is excluded for products that are:

• Clearly personal in nature.

• Liable to deteriorate or expire rapidly (e.g., some foodstuffs or fresh products).

• Not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery (e.g., opened cosmetics, underwear, earrings).

• Irrevocably mixed with other items after delivery due to their nature.

ARTICLE 6 – THE PRICE

1. 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 or other statutory regulations.

2. All prices are in Euro (€) and, unless stated otherwise, include VAT and exclude shipping costs. Any shipping costs will be clearly stated before the agreement is concluded.

ARTICLE 7 – DELIVERY AND EXECUTION

1. Upon finalizing your purchase, you'll immediately receive a digital receipt via email, which includes your unique reference code. This code is essential for all inquiries. The moment your consignment is handed off to our logistics partner, a second notification will be sent. This subsequent email contains your live tracking link, allowing you to monitor the journey of your shipment. If this second notification hasn't arrived within one business day, please check your junk mail folder first. If it's still missing, simply reach out to our support team, and we'll swiftly provide the necessary details. 

ARTICLE 8 – PAYMENT

1. Your order processing and dispatch will commence only once the full payment is successfully credited to our account. Non-compliance with the rules above, especially concerning the payment description, will inevitably postpone the shipment of your goods.

ARTICLE 9 – CONFORMITY AND WARRANTY (LEGAL WARRANTY)

1. Widiba guarantees that the products 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 existing on the date the agreement was concluded.

2. The legal warranty applies. An additional warranty provided by Widiba, manufacturer, or importer does not detract from the legal rights and claims that the consumer can assert against Widiba based on the agreement.

3. Any defect or incorrectly delivered product must be reported to Widiba in writing or by email within 7 days of delivery. The return of the products must be done in the original packaging and in new condition.

ARTICLE 10 – INTELLECTUAL PROPERTY

1. All intellectual property rights with regard to the website widiba.nl, including but not limited to texts, images, logos, designs, software, and the concept of the website, rest with Widiba and/or its licensors.

2. Users of the website are not permitted to reproduce, publish, copy, sell, rent, or otherwise use material from the website without the prior written consent of Widiba, other than for purely personal and non-commercial use.

ARTICLE 11 – LIABILITY

1. Widiba is exclusively liable for direct damage suffered by the consumer as a result of an attributable shortcoming in the fulfillment of the agreement, unless the shortcoming cannot be attributed to Widiba based on the law, the agreement, or generally accepted views.

2. Widiba's liability for direct damage is in any case limited to the amount that the insurer of Widiba pays out in the relevant case.

3. Widiba is not liable for indirect damage, including but not limited to consequential damage, lost profit, missed savings, or damage due to business interruption.

ARTICLE 12 – COMPLAINTS PROCEDURE

1. Complaints about the execution of the agreement must be submitted to Widiba within a reasonable time after the consumer has discovered the defects, completely and clearly described.

2. Complaints submitted to Widiba will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Widiba will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

ARTICLE 13 – DISPUTES AND APPLICABLE LAW

1. Agreements between Widiba and the consumer to which these Terms apply are governed exclusively by Dutch law, even if the consumer resides abroad. The applicability of the Vienna Sales Convention is explicitly excluded.

2. All disputes, including those that are only considered as such by one of the parties, arising from the agreement or these Terms will be settled by the competent court in the district where Widiba is established, unless the law mandatorily prescribes otherwise.

3. The consumer can also turn to the European ODR Platform (Online Dispute Resolution) via