Terms and Conditions

Terms and Conditions

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 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions

Article 1 – Definitions.
In these terms and conditions, the following definitions shall apply:

1. Grace period: the period within which the consumer can make use of his
   right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or
   company and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of
   products and/or services, the delivery and/or purchase obligation of which is temporally
   spread;
5. Durable medium: any means that enables the consumer or entrepreneur to
   to store information addressed to him personally in a manner that future
   allows consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to opt out within the cooling-off period
   of the remote agreement;
7. Model form: the model form for withdrawal made available by the entrepreneur
   sets that a consumer can complete when he wants to use his
   right of withdrawal.
8. Entrepreneur: the natural or legal person who provides products and/or services at a distance
   offers to consumers;
9. Distance contract: an agreement whereby, in the context of an agreement concluded by the
   entrepreneur organized system for distance selling of products and/or services,
   Up to and including the conclusion of the agreement, only one or
   More remote communication techniques;
10. Remote communication technique: means that can be used for the
    concluding an agreement, without the consumer and entrepreneur being simultaneously in the same
    space are gathered together.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur
Westy’s
Bolenbergweg 8
5951 AZ Belfeld
Phone number: 0634814605
Email address: info@westys.nl
Chamber of Commerce : 75380145
VAT Number : NL002821772B83

Article 3 – Applicability.

1. These general terms and conditions apply to any offer of the entrepreneur and to
   any distance contract and orders established between entrepreneur and
   consumer.
2. Before the remote agreement is concluded, the text of these general
   terms and conditions made available to consumers. If this is not reasonably possible
   is, before the remote agreement is concluded, it will be indicated that the
   general terms and conditions are available for inspection at the entrepreneur’s premises and they are available at the consumer’s request
   will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the
   previous paragraph and before the distance contract is concluded, the text of this
   general terms and conditions are made available to the consumer electronically.
   provided in such a way that it can be easily
   be stored on a durable data medium. If this is not reasonably possible
   is, before the remote agreement is concluded, it will be indicated where of
   the general conditions may be inspected electronically and that they are available on
   request of the consumer electronically or otherwise will be free of charge
   be sent.
4. In case in addition to these general terms and conditions, specific product or
   service conditions apply, the second and third paragraphs shall apply mutatis mutandis
   application and, in the event of conflicting general terms and conditions, the consumer may apply
   always invoke the applicable provision most favorable to him.
5. If one or more provisions of these general conditions at any time
   wholly or partially void or destroyed, then the agreement and this
   conditions shall otherwise stand and the provision in question shall be mutually agreed upon
   be promptly replaced by a provision that gives effect to the intent of the original
   approached as much as possible.
6. Situations not covered in these general terms and conditions should be
   judged “by the spirit” of these general conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our
   conditions, should be interpreted “in the spirit” of these general conditions.
8. Terms and conditions can be found on Westy’s website.

Article 4 – The offer
1. If an offer has a limited validity period or is made subject to conditions,
this is expressly stated in the offer.

2. The offer is non-binding. The entrepreneur is entitled to change the offer and to modify
   fit.
3. The offer contains a complete and accurate description of the offered
   products and/or services. The description is sufficiently detailed to allow a proper
   enable consumer assessment of the offer. If the entrepreneur
   uses images are a true representation of the
   products and/or services offered. Obvious mistakes or obvious errors in the
   offer do not bind the entrepreneur.
4. All images, specifications data in the offer are indicative and may not be a
   be cause for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the offered
   products. Entrepreneur cannot guarantee that the colors displayed are exact
   match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights
   and obligations attached to the acceptance of the offer. This concerns in
   in particular:

• the price including taxes;
• the cost of shipping, if any;
• The manner in which the agreement will be established and what actions
  necessary to do so; whether or not the right of withdrawal applies;
• The method of payment, delivery and performance of the agreement;
• The period for acceptance of the offer, or the period within which the
  entrepreneur guarantees the price;

• the amount of the remote communication rate if the cost of the
  use of remote communication technology are calculated on a
  basis other than the regular base rate for the used
  means of communication; whether the contract will be archived after its formation, and if so at what
  way it can be accessed by the consumer;
• The manner in which the consumer, prior to the conclusion of the agreement, the by
  can verify information provided to him under the agreement and
  restore if desired;
• any other languages in which, in addition to Dutch, the agreement may be
  be closed;
• the codes of conduct to which the entrepreneur has submitted and the manner
  where consumers can access these codes of conduct electronically;
  and
• The minimum duration of the distance contract in the case of an endurance transaction.

Article 5 – The Agreement

1. The agreement, subject to the provisions of paragraph 4, comes into effect on the
   moment of acceptance by the consumer of the offer and fulfillment of the accompanying
   set conditions.
2. If the consumer has accepted the offer electronically, the
   entrepreneur without delay by electronic means the receipt of the acceptance of the
   supply. Until receipt of this acceptance is confirmed by the entrepreneur,
   the consumer may rescind the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate
   technical and organizational measures to secure electronic transmission
   of data and ensures a secure web environment. If the consumer can electronically
   pay, the entrepreneur will observe appropriate security measures for this purpose.
4. The entrepreneur may – within legal frameworks – find out whether the
   consumer can meet his payment obligations, as well as of all those facts and
   factors relevant to the responsible conclusion of the agreement on
   distance. If, on the basis of this investigation, the entrepreneur has good grounds to reject the
   not to enter into the agreement, he is entitled to submit a reasoned order or request to
   refuse or attach special conditions to performance.
5. The business owner will provide the following information with the product or service to the consumer,
   in writing or in such a way that it can be accessed by the consumer in an accessible manner
   can be stored on a durable data carrier, enclose:
6. the visiting address of the establishment of the entrepreneur to which the consumer with complaints
   can turn to;
7. the conditions under which and the manner in which the consumer may exercise the right of withdrawal
   may use, or a clear notification regarding being excluded from the
   right of withdrawal;
8. the information on warranties and existing after-purchase service;
9. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur
   has already provided this information to the consumer prior to the performance of the
   agreement;
10. the requirements for termination of the agreement if the agreement has a duration
    has more than one year or is of indefinite duration.
11. In the case of a duration transaction, the provision of the preceding paragraph applies only to
    the first delivery.
12. Each agreement is entered into under the conditions precedent of
    sufficient availability of the relevant products.

Article 6 – Right of withdrawal

On delivery of products:

1. When purchasing products, the consumer has the option of entering into the agreement
   dissolve without giving reasons for 7 days. This reflection period starts
   on the day after receipt of the product by the consumer or a pre-determined by the
   consumer designated and made known to the entrepreneur representative.
2. During the cooling-off period, the consumer will handle the product and the
   packaging. He shall unpack or use the product only to the extent that it is
   necessary to assess whether he wishes to keep the product. If he is of his
   right of withdrawal, he shall return the product with all delivered accessories and –
   if reasonably possible – in its original condition and packaging to the entrepreneur
   return, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to
   make this known to the entrepreneur within 7 days, after receiving the product.
   Notification should be made by the consumer using the model form. After the
   consumer has made it known that he wishes to exercise his right of withdrawal should
   the customer to return the product within 7 days. The consumer must prove that
   the delivered items were returned in a timely manner, such as through proof of
   dispatch.
4. If, after the expiration of the deadlines mentioned in paragraphs 2 and 3, the customer has not expressed
   made to want to exercise his right of withdrawal or the product not to the
   entrepreneur has returned, the sale is a fact.
5. Used parts will not be returned unless other arrangements have been made.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the
   costs of onward shipment and return shipment at his expense.
2. If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible.
   possible, but no later than 30 days after revocation, refund. In doing so, however, the
   condition that the product has already been received back by the merchant or conclusively
   proof of complete return can be presented.

Article 8 – Exclusion of the right of withdrawal.

1. The entrepreneur may exclude the consumer’s right of withdrawal for products
   as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if
   the entrepreneur clearly in the offer, at least in good time before the conclusion of the
   agreement, has stated.
2. Exclusion of the right of withdrawal is only possible for products:
   a. brought about by the entrepreneur in accordance with specifications of the
   consumer;
   b. that are clearly personal in nature;
   c. which by their nature cannot be returned;
   d. that may spoil or age quickly;
   e. whose price is subject to fluctuations in the financial market on which the
   entrepreneur has no influence;
   f. for single newspapers and magazines;
   g. for audio and video recordings and computer software of which the consumer has the
   seal has broken.
   h. For hygienic products whose seal has been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
   a. concerning lodging, transportation, restaurant business or leisure activities to be conducted at a
   certain date or during a certain period of time;
   b. whose delivery has begun with the express consent of the consumer
   before the reflection period has expired;
   c. concerning betting and lotteries.

Article 9 – The price

1. During the period of validity specified in the offer, the prices of the
   offered products and/or services not increased, except for price changes due to
   Of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose
   prices are subject to fluctuations in the financial market and where the entrepreneur
   has no control over, offering variable prices. This bondage to
   fluctuations and the fact that any prices quoted are target prices, are included in the
   offer stated.
3. Price increases within 3 months of the conclusion of the agreement are
   allowed only if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only
   permitted if the entrepreneur has so stipulated and:
   a. they are the result of statutory regulations or provisions; or
   b. the consumer has the power to terminate the agreement with effect from the
   day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. For the effects of pressure –
   and misprints, no liability is accepted. In case of printing and typesetting errors, the
   entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services meet the
   agreement, the specifications stated in the offer, to the reasonable requirements of
   soundness and/or usefulness, and the conditions prevailing on the date of formation of the
   agreement existing legal provisions and/or government regulations. If
   agreed, the entrepreneur also guarantees that the product is suitable for
   other than normal use.
2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the
   legal rights and claims that the consumer has under the contract
   may assert against the entrepreneur.
3. Any defective or misdelivered products should be returned within 14 days of delivery
   to the entrepreneur in writing. Return of the products should be
   remain in original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. The
   entrepreneur, however, is at no time 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.
5. The warranty does not apply if:
   – The consumer has repaired and/or modified the delivered products himself or by
   had third parties repair and/or work on it;
   – The delivered products have been exposed to abnormal conditions or
   otherwise carelessly handled or contrary to the instructions of
   dealt with by the entrepreneur and/or on the packaging;
   – The unsoundness results in whole or in part from regulations that the
   government has set or will set regarding the nature or quality of the
   applied materials.

Article 11 – Delivery and execution

1. The entrepreneur will take the utmost care when receiving
   take and in the execution of orders for products and in the assessment of
   requests for provision of services.
2. The place of delivery is the address that the consumer has made known to the company
   made.
3. Subject to what is stated in this regard in paragraph 4 of this article, the company shall
   execute accepted orders expeditiously but at the latest within 30 days,
   unless consumer has agreed to a longer delivery period. If the delivery
   delay, or if an order cannot be fulfilled or can be fulfilled only partially.
   carried out, the consumer will receive notification of this no later than 30 days after the order is
   posted message. In that case, the consumer has the right to terminate the agreement
   dissolve without cost. The consumer is not entitled to compensation.
4. All delivery dates are indicative. To any time limits mentioned, the consumer may
   derive no rights. Exceeding a deadline does not entitle the consumer to
   compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will pay the amount that is
   the consumer has paid as soon as possible, but no later than 30 days after
   dissolution, refund.
6. If delivery of an ordered product proves to be impossible, the Entrepreneur will endeavor to
   endeavor to make available a replacement item. At the latest upon delivery, on
   clear and understandable notice that a replacement item will be provided.
   Replacement items cannot exclude the right of withdrawal. The cost of
   any return shipment are the responsibility of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until
   the time of delivery to the consumer or a previously designated and to the
   entrepreneur disclosed representative, unless explicitly otherwise
   agreed.

Article 12 – Duration transactions: duration, termination and renewal

Termination
1. The consumer may conclude a contract entered into for an indefinite period that extends
to regularly deliver products (including electricity) or services, to
terminate at any time subject to any termination rules agreed upon for that purpose and
a notice period not exceeding one month. This applies only to individual products and not to trailers, caravans and other vehicles.

2. The consumer may enter into a fixed-term contract that extends to
   the regular delivery of products (including electricity) or services, at all
   terminate at any time by the end of the definite term with due consideration to that end
   agreed termination rules and a notice period not exceeding one month.

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This applies only to individual products and not to trailers, caravans and other vehicles.

3. The consumer may enter into the agreements mentioned in the previous paragraphs:

• cancel at any time and not be limited to cancellation at a particular time or in
  a certain period of time;

This applies only to individual products and not to trailers, caravans and other vehicles.

• terminate at least in the same manner as they were entered into by him;
  always cancel with the same notice period as the entrepreneur has for himself
  stipulated.

This applies only to individual products and not to trailers, caravans and other vehicles.

Extension

4. An agreement entered into for a definite period of time, the purpose of which is to regularly
   delivery of products (including electricity) or services, may not
   be tacitly extended or renewed for a fixed term.
5. Notwithstanding the preceding paragraph, a contract entered into for a definite period may
   and which extends to the regular delivery of daily news and weekly newspapers and magazines
   be tacitly renewed for a fixed term not exceeding three months, if the
   consumer may terminate this extended agreement by the end of the extension
   with not more than one month’s notice.
6. An agreement entered into for a definite period of time, the purpose of which is to regularly
   delivery of products or services, may only be tacitly extended for an indefinite period of time.
   extended if the consumer may cancel at any time with a notice period of at least
   maximum of one month and a notice period of not more than three months in case the
   agreement extends to the regular, but less than once a month, delivery of
   daily, news and weekly newspapers and magazines.
7. An agreement of limited duration for the regular delivery for introductory purposes of
   daily, news and weekly newspapers and magazines (trial or introductory subscription) will be
   not tacitly continued and automatically terminates at the end of the trial or
   introductory period.

Duration
8. If a contract has a duration of more than one year, the consumer may, after a
year the agreement at any time with a notice period not exceeding one month
cancel, unless reasonableness and fairness oppose cancellation before the end of the
agreed duration move.

Article 13 – Payment

1. To the extent not otherwise agreed upon, the consumer’s due
   amounts to be paid within 7 business days of the start of the cooling-off period if
   referred to in Article 6(1). In the case of an agreement to provide a service,
   this period begins after the consumer has received confirmation of the agreement
   received.
2. The consumer has a duty to correct inaccuracies in payment information provided or stated.
   immediately to the entrepreneur.
3. In case of default of the consumer, the entrepreneur has, subject to legal
   restrictions, the right to charge the reasonable costs previously made known to the consumer
   charge.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaint procedure and
   handles the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be made within 7 days in full and
   clearly described be submitted to the entrepreneur, after the consumer has received the
   found defects.
3. Complaints submitted to the entrepreneur shall be processed within a period of 14 days
   counted from the date of receipt answered. If a complaint is a foreseeable
   requires longer processing time, the entrepreneur shall within the period of 14 days
   responded with a notice of receipt and an indication of when the consumer will receive a
   can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is
   amenable to dispute resolution.
5. Complaints that cannot be resolved by mutual agreement the consumer should apply
   turn to the WebwinkelKeur Foundation (
   www.webwinkelkeur.nl
   ), which will mediate free of charge.
   Should a solution not be reached by then, the consumer has the
   possibility of having his complaint handled by Stichting GeschilOnline, the ruling
   of this is binding and both entrepreneur and consumer agree to this binding
   ruling. There are costs associated with submitting a dispute to this disputes committee
   associated that must be paid by the consumer to the relevant commission.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur
   indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will go to
   its choice or replace or repair the delivered products free of charge.

Article 15 – Disputes

1. On contracts between the entrepreneur and the consumer to which these general
   conditions relate to, only Dutch law shall apply. Also if
   the consumer is resident abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or different provisions

Additional or different provisions from these general terms and conditions may not
to the detriment of the consumer and must be in writing or on
such that they can be accessed by consumers in an accessible manner
stored on a durable data medium.