{"id":25266,"date":"2021-01-12T08:19:48","date_gmt":"2021-01-12T08:19:48","guid":{"rendered":"https:\/\/westys.nl\/terms-and-conditions\/"},"modified":"2021-01-12T08:19:48","modified_gmt":"2021-01-12T08:19:48","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/westys.nl\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"

Terms and Conditions<\/span><\/b> <\/span><\/p>\n

Article 1 – Definitions.<\/span>
\nArticle 2 – Identity of the entrepreneur<\/span>
\nArticle 3 – Applicability.<\/span>
\nArticle 4 – The offer<\/span>
\nArticle 5 – The Agreement<\/span>
\nArticle 6 – Right of withdrawal<\/span>
\nArticle 7 – Costs in case of withdrawal<\/span>
\nArticle 8 – Exclusion of the right of withdrawal.<\/span>
\nArticle 9 – The price<\/span>
\nArticle 10 – Conformity and warranty<\/span>
\nArticle 11 – Delivery and execution<\/span>
\nArticle 12 – Duration transactions: duration, termination and renewal<\/span>
\nArticle 13 – Payment<\/span>
\nArticle 14 – Complaints procedure<\/span>
\nArticle 15 – Disputes<\/span>
\nArticle 16 – Additional or different provisions<\/span> <\/span><\/p>\n

Article 1 – Definitions.<\/span><\/b>
\nIn these terms and conditions, the following definitions shall apply:<\/span> <\/span><\/p>\n

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

    Article 2 – Identity of the entrepreneur<\/span><\/b>
    \nWesty’s<\/span>
    \nBolenbergweg 8<\/span>
    \n5951 AZ Belfeld<\/span>
    \nPhone number: 0634814605<\/span>
    \nEmail address: info@westys.nl<\/span>
    \nChamber of Commerce : 75380145<\/span>
    \nVAT Number : NL002821772B83<\/span> <\/span><\/p>\n

    Article 3 – Applicability.<\/span><\/b> <\/span><\/p>\n

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

      Article 4 – The offer<\/span><\/b>
      \n1. If an offer has a limited validity period or is made subject to conditions,<\/span>
      \nthis is expressly stated in the offer.<\/span> <\/span><\/p>\n

        \n
      1. The offer is non-binding. The entrepreneur is entitled to change the offer and to modify<\/span>
        \nfit.<\/span><\/li>\n
      2. The offer contains a complete and accurate description of the offered<\/span>
        \nproducts and\/or services. The description is sufficiently detailed to allow a proper<\/span>
        \nenable consumer assessment of the offer. If the entrepreneur<\/span>
        \nuses images are a true representation of the<\/span>
        \nproducts and\/or services offered. Obvious mistakes or obvious errors in the<\/span>
        \noffer do not bind the entrepreneur.<\/span> <\/span><\/li>\n
      3. All images, specifications data in the offer are indicative and may not be a<\/span>
        \nbe cause for compensation or dissolution of the agreement.<\/span><\/li>\n
      4. Images accompanying products are a true representation of the offered<\/span>
        \nproducts. Entrepreneur cannot guarantee that the colors displayed are exact<\/span>
        \nmatch the real colors of the products.<\/span> <\/span><\/li>\n
      5. Each offer contains such information that it is clear to the consumer what the rights<\/span>
        \nand obligations attached to the acceptance of the offer. This concerns in<\/span>
        \nin particular:<\/span> <\/span><\/li>\n<\/ol>\n
          \n
        • the price including taxes;<\/span> <\/span><\/li>\n
        • the cost of shipping, if any;<\/span> <\/span><\/li>\n
        • The manner in which the agreement will be established and what actions<\/span>
          \nnecessary to do so; whether or not the right of withdrawal applies;<\/span> <\/span><\/li>\n
        • The method of payment, delivery and performance of the agreement;<\/span> <\/span><\/li>\n
        • The period for acceptance of the offer, or the period within which the<\/span>
          \nentrepreneur guarantees the price;<\/span> <\/span><\/li>\n<\/ul>\n
            \n
          • the amount of the remote communication rate if the cost of the<\/span>
            \nuse of remote communication technology are calculated on a<\/span>
            \nbasis other than the regular base rate for the used<\/span>
            \nmeans of communication; whether the contract will be archived after its formation, and if so at what<\/span>
            \nway it can be accessed by the consumer;<\/span> <\/span><\/li>\n
          • The manner in which the consumer, prior to the conclusion of the agreement, the by<\/span>
            \ncan verify information provided to him under the agreement and<\/span>
            \nrestore if desired;<\/span> <\/span><\/li>\n
          • any other languages in which, in addition to Dutch, the agreement may be<\/span>
            \nbe closed;<\/span> <\/span><\/li>\n
          • the codes of conduct to which the entrepreneur has submitted and the manner<\/span>
            \nwhere consumers can access these codes of conduct electronically;<\/span>
            \nand<\/span> <\/span><\/li>\n
          • The minimum duration of the distance contract in the case of an endurance transaction.<\/span> <\/span><\/li>\n<\/ul>\n

            Article 5 – The Agreement<\/span><\/b> <\/span><\/p>\n

              \n
            1. The agreement, subject to the provisions of paragraph 4, comes into effect on the<\/span>
              \nmoment of acceptance by the consumer of the offer and fulfillment of the accompanying<\/span>
              \nset conditions.<\/span> <\/span><\/li>\n
            2. If the consumer has accepted the offer electronically, the<\/span>
              \nentrepreneur without delay by electronic means the receipt of the acceptance of the<\/span>
              \nsupply. Until receipt of this acceptance is confirmed by the entrepreneur,<\/span>
              \nthe consumer may rescind the agreement.<\/span> <\/span><\/li>\n
            3. If the agreement is concluded electronically, the entrepreneur shall take appropriate<\/span>
              \ntechnical and organizational measures to secure electronic transmission<\/span>
              \nof data and ensures a secure web environment. If the consumer can electronically<\/span>
              \npay, the entrepreneur will observe appropriate security measures for this purpose.<\/span> <\/span><\/li>\n
            4. The entrepreneur may – within legal frameworks – find out whether the<\/span>
              \nconsumer can meet his payment obligations, as well as of all those facts and<\/span>
              \nfactors relevant to the responsible conclusion of the agreement on<\/span>
              \ndistance. If, on the basis of this investigation, the entrepreneur has good grounds to reject the<\/span>
              \nnot to enter into the agreement, he is entitled to submit a reasoned order or request to<\/span>
              \nrefuse or attach special conditions to performance.<\/span> <\/span><\/li>\n
            5. The business owner will provide the following information with the product or service to the consumer,<\/span>
              \nin writing or in such a way that it can be accessed by the consumer in an accessible manner<\/span>
              \ncan be stored on a durable data carrier, enclose:<\/span> <\/span><\/li>\n
            6. the visiting address of the establishment of the entrepreneur to which the consumer with complaints<\/span>
              \ncan turn to;<\/span><\/li>\n
            7. the conditions under which and the manner in which the consumer may exercise the right of withdrawal<\/span>
              \nmay use, or a clear notification regarding being excluded from the<\/span>
              \nright of withdrawal;<\/span> <\/span><\/li>\n
            8. the information on warranties and existing after-purchase service;<\/span><\/li>\n
            9. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur<\/span>
              \nhas already provided this information to the consumer prior to the performance of the<\/span>
              \nagreement;<\/span> <\/span><\/li>\n
            10. the requirements for termination of the agreement if the agreement has a duration<\/span>
              \nhas more than one year or is of indefinite duration.<\/span><\/li>\n
            11. In the case of a duration transaction, the provision of the preceding paragraph applies only to<\/span>
              \nthe first delivery.<\/span><\/li>\n
            12. Each agreement is entered into under the conditions precedent of<\/span>
              \nsufficient availability of the relevant products.<\/span><\/li>\n<\/ol>\n

              Article 6 – Right of withdrawal<\/span><\/b> <\/span><\/p>\n

              On delivery of products:<\/span> <\/span><\/p>\n

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

                Article 7 – Costs in case of withdrawal<\/span><\/b> <\/span><\/p>\n

                  \n
                1. If the consumer exercises his right of withdrawal, the<\/span>
                  \ncosts of onward shipment and return shipment at his expense.<\/span><\/li>\n
                2. If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible.<\/span>
                  \npossible, but no later than 30 days after revocation, refund. In doing so, however, the<\/span>
                  \ncondition that the product has already been received back by the merchant or conclusively<\/span>
                  \nproof of complete return can be presented.<\/span> <\/span><\/li>\n<\/ol>\n

                  Article 8 – Exclusion of the right of withdrawal.<\/span><\/b> <\/span><\/p>\n

                    \n
                  1. The entrepreneur may exclude the consumer’s right of withdrawal for products<\/span>
                    \nas defined in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if<\/span>
                    \nthe entrepreneur clearly in the offer, at least in good time before the conclusion of the<\/span>
                    \nagreement, has stated.<\/span> <\/span><\/li>\n
                  2. Exclusion of the right of withdrawal is only possible for products:<\/span>
                    \na. brought about by the entrepreneur in accordance with specifications of the<\/span>
                    \nconsumer;<\/span>
                    \nb. that are clearly personal in nature;<\/span>
                    \nc. which by their nature cannot be returned;<\/span>
                    \nd. that may spoil or age quickly;<\/span>
                    \ne. whose price is subject to fluctuations in the financial market on which the<\/span>
                    \nentrepreneur has no influence;<\/span>
                    \nf. for single newspapers and magazines;<\/span>
                    \ng. for audio and video recordings and computer software of which the consumer has the<\/span>
                    \nseal has broken.<\/span>
                    \nh. For hygienic products whose seal has been broken by the consumer.<\/span> <\/span><\/li>\n
                  3. Exclusion of the right of withdrawal is only possible for services:<\/span>
                    \na. concerning lodging, transportation, restaurant business or leisure activities to be conducted at a<\/span>
                    \ncertain date or during a certain period of time;<\/span>
                    \nb. whose delivery has begun with the express consent of the consumer<\/span>
                    \nbefore the reflection period has expired;<\/span>
                    \nc. concerning betting and lotteries.<\/span> <\/span><\/li>\n<\/ol>\n

                    Article 9 – The price<\/span><\/b> <\/span><\/p>\n

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

                      Article 10 – Conformity and Warranty<\/span><\/b> <\/span><\/p>\n

                        \n
                      1. The entrepreneur guarantees that the products and\/or services meet the<\/span>
                        \nagreement, the specifications stated in the offer, to the reasonable requirements of<\/span>
                        \nsoundness and\/or usefulness, and the conditions prevailing on the date of formation of the<\/span>
                        \nagreement existing legal provisions and\/or government regulations. If<\/span>
                        \nagreed, the entrepreneur also guarantees that the product is suitable for<\/span>
                        \nother than normal use.<\/span> <\/span><\/li>\n
                      2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the<\/span>
                        \nlegal rights and claims that the consumer has under the contract<\/span>
                        \nmay assert against the entrepreneur.<\/span> <\/span><\/li>\n
                      3. Any defective or misdelivered products should be returned within 14 days of delivery<\/span>
                        \nto the entrepreneur in writing. Return of the products should be<\/span>
                        \nremain in original packaging and in new condition.<\/span> <\/span><\/li>\n
                      4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. The<\/span>
                        \nentrepreneur, however, is at no time responsible for the ultimate suitability of the<\/span>
                        \nproducts for each individual application by the consumer, nor for any<\/span>
                        \nadvice regarding the use or application of the products.<\/span> <\/span><\/li>\n
                      5. The warranty does not apply if:<\/span>
                        \n–<\/span> The consumer has repaired and\/or modified the delivered products himself or by<\/span>
                        \nhad third parties repair and\/or work on it;<\/span>
                        \n–<\/span> The delivered products have been exposed to abnormal conditions or<\/span>
                        \notherwise carelessly handled or contrary to the instructions of<\/span>
                        \ndealt with by the entrepreneur and\/or on the packaging;<\/span>
                        \n–<\/span> The unsoundness results in whole or in part from regulations that the<\/span>
                        \ngovernment has set or will set regarding the nature or quality of the<\/span>
                        \napplied materials.<\/span> <\/span><\/li>\n<\/ol>\n

                        Article 11 – Delivery and execution<\/span><\/b> <\/span><\/p>\n

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

                          Article 12 – Duration transactions: duration, termination and renewal<\/span><\/b> <\/span><\/p>\n

                          Termination<\/span>
                          \n1. The consumer may conclude a contract entered into for an indefinite period that extends<\/span>
                          \nto regularly deliver products (including electricity) or services, to<\/span>
                          \nterminate at any time subject to any termination rules agreed upon for that purpose and<\/span>
                          \na notice period not exceeding one month. This applies only to individual products and not to trailers, caravans and other vehicles.<\/span> <\/span><\/p>\n

                            \n
                          1. The consumer may enter into a fixed-term contract that extends to<\/span>
                            \nthe regular delivery of products (including electricity) or services, at all<\/span>
                            \nterminate at any time by the end of the definite term with due consideration to that end<\/span>
                            \nagreed termination rules and a notice period not exceeding one month.<\/span> <\/span><\/li>\n<\/ol>\n

                            Page-end <\/span><\/p>\n

                            This applies only to individual products and not to trailers, caravans and other vehicles.<\/span> <\/span><\/p>\n

                              \n
                            1. The consumer may enter into the agreements mentioned in the previous paragraphs:<\/span><\/li>\n<\/ol>\n