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Terms and Conditions

Terms and Conditions Wobbel

 

Index:

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 reflection

Article 8 - Exercise of the right of withdrawal by the consumer and costs

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of withdrawal right

Article 11 - The price

Article 12 - Compliance and Warranty extension

Article 13 - Delivery and execution

Article 14 - Payment

Article 15 - Complaints

Article 16 - Disputes

Article 17 - Additional or different terms

 

Article 1 - Definitions

The terms in the agreement have the meaning set out below:

  1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these products, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
  2. Grace period: The period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes relating to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data which are produced and supplied in digital form;
  6. Term agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period;
  7. Durable medium: any medium - including e-mail - that enables the consumer or business to store information that is addressed to him personally, in a way that facilitates future consultation or use for a period appropriate to the purpose for which the information is intended, and which enables the unchanged reproduction of the information stored;
  8. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the grace period of the agreement;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or remote services to the consumer;
  10. Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of goods, digital content and / or services, whereby, up to and until the conclusion of the agreement exclusively or partially one or more means of distance communication are used;
  11. Model withdrawal form: the European model withdrawal form
  12. Technology for distance communication: medium that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

 

Article 2 - Identity of the entrepreneur

Wobbel BV;

Uraniumweg 15A 3812 RJ Amersfoort

Phone: +31641273330 reachable during normal business hours

Email: [email protected]

 

 

Wobbel is a registered trademark and the product Wobbel is a registered product with a CE mark.

 

Article 3 - Applicability

  1. These terms and conditions apply to every offer of the entrepreneur and any agreement reached at a distance between entrepreneur and consumer.
  2. Before the distance agreement is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the agreement is concluded, indicate how the terms and conditions can be viewed and at the request of the consumer arrange to send the terms and conditions free of charge.
  3. If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these terms and conditions are made available electronically to the consumer in such a way that the consumer may store the terms and conditions easily on a durable medium. If this is not reasonably possible, then before the agreement is concluded, there will be indicated where the terms and conditions can be viewed electronically and at the request of the consumer the terms and conditions will be sent to the consumer either electronically or by other means.
  4. In the event that alongside these terms and conditions also specific product or service conditions apply, the second and third paragraph shall apply and in case of conflicting conditions the consumer can always rely on the applicable clause most favorable to the consumer.

 

Article 4 - The offer

  1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur makes use of images, these images are a truthful representation of the products, digital content and / or services. Evident mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information so that it is clear to the consumer what rights and obligations are involved in accepting the offer.

 

Article 5 - The agreement

  1. The agreement is, subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and thus the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge acceptance of the offer electronically. Until receipt of this acceptance by the entrepreneur, the consumer may rescind the agreement.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.
  4. The entrepreneur can - within the law – inform himself whether the consumer can meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the agreement.
  5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  6. The address of the establishment of the entrepreneur where consumers can lodge complaints;
  7. The conditions under which and the manner in which the consumer can exercise right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. Information on guarantees and after sales service;
  9. The price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or implementation of the agreement;

 

Article 6 - Right of withdrawal

For products:

  1. The consumer may terminate an agreement regarding the purchase of a product during a grace period of 14 days without providing any reason(s). The entrepreneur may ask the consumer about the reason(s) for withdrawal but may not oblige the consumer to state his reason(s).
  2. The grace period mentioned in paragraph 1 starts the day after the consumer, or a pre-designated by the consumer third party other than the carrier has received the product, or:
  3. If the consumer ordered several products in the same order: the day on which the consumer or a third party designated by him, has received the final product. The entrepreneur may, provided that he has clearly informed the consumer here prior to the ordering process, refuse an order for multiple products with different delivery times.
  4. If the delivery of a product consists of multiple pieces, the day on which the consumer or a third party designated by the consumer receives the final shipment or the last item has been received;

For agreements for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, received the first product. 
In services and digital content that is not supplied on a tangible medium:

  1. The consumer can terminate a service agreement and an agreement for the supply of digital content which is not supplied on a tangible medium dissolve for at least 14 days without providing any reason(s). The entrepreneur may ask the consumer about the reason for withdrawal but but may not oblige the consumer to state his reason(s).
  2. The grace period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended grace period for products, services and digital content which is not supplied on a tangible medium by not informing right of withdrawal:

  1. If the entrepreneur consumer did not provide the consumer with the legally required information about the right of withdrawal or the standard form for withdrawal, the grace period shall expire twelve months after the end of the original grace period determined in accordance with the preceding paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the effective date of the initial grace period, the grace period will expire 14 days from the day the consumer receives that information.

 

Article 7 - Obligations of the consumer during the grace period

  1. During the grace period the consumer will treat the product and packaging with care. He will only unpack the product or use to the extent that is necessary in order to determine the nature, characteristics and functioning of the product. The premise here is that the consumer should only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer shall only be liable for diminished value of the product that is the result of handling the product beyond permitted in paragraph 1.
  3. The consumer is not liable for diminished value of the product if the entrepreneur has not provided him with all information required by law about the right of withdrawal at the conclusion of the agreement.

 

Article 8 - Exercise of the right of withdrawal by the consumer and costs

  1. If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the grace period using the model withdrawal form or any other unequivocal manner.
  2. As soon as possible but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product. This is not needed when the entrepreneur offers to collect the product. The consumer has observed the return period in any case to return the product before the grace period has expired.
  3. The consumer shall send back the product with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct cost of returning the product. If the entrepreneur has not notified the consumer has to bear them or if the entrepreneur indicates to bear the costs themselves, consumers do not bear the return shipping costs.
  6. The consumer shall bear no cost for the total or partial delivery of digital content not supplied on a tangible medium where:
  7. Prior to delivery, the consumer did not explicitly consent to commence compliance with the agreement before the end of the grace period;
  8. He has not acknowledged that he loses his right of withdrawal when giving his consent;
  9. Or when the entrepreneur has failed to confirm this consumer statement.
  10. 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

  1. If the entrepreneur makes it possible for the consumer to withdraw electronically, the entrepreneur will immediately send an acknowledgment upon receipt of this notification.
  2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product itself, he may wait to with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
  3. The entrepreneur uses the same means of payment used by the customer for reimbursement unless the consumer agrees to a different method. The repayment is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs of the more expensive method.

 

Article 10 - Exclusion of withdrawal right

The entrepreneur can exclude the following goods and services from the right of withdrawal, but only if the entrepreneur clearly stated in the offer, at least in time for the conclusion of the agreement:

  1. Products or services whose price is dependent on fluctuations in the financial market outside the entrepreneur’s control, which may occur within the withdrawal period;
  2. Agreements concluded at a public auction. A public auction means a method of sale where goods, digital content and / or services offered by the entrepreneur to the consumer who attends or is given the opportunity to be personally present at the auction, conducted by an auctioneer and where the successful bidder is bound to purchase the goods, digital content and / or services;
  3. Service agreements, after full implementation of the service, but only if:
  4. The performance has begun with the explicit prior consent of the consumer; and
  5. The consumer has stated that he will lose his right of withdrawal once the entrepreneur has completed the agreement;
  6. Agreements related to leisure activities, a specific date or period of execution provided for in the agreement;
  7. Products manufactured according to the consumer’s specifications, which are not prefabricated and manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
  8. The delivery of digital content other than on a tangible medium, but only if:
  9. The performance has begun with the explicit prior consent of the consumer; and
  10. The consumer has stated that he thus loses his right of withdrawal.

 

Article 11 - The price

  1. During the period mentioned in the offer the prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
  2. The rates in the supply of products or services include VAT.

 

Article 12 - Compliance Agreement and extended warranty

  1. The entrepreneur guarantees that the products and / or services meet the agreement specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. By the entrepreneur, its supplier, manufacturer or importer provided additional guarantee never restricts the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  3. Additional guarantee means any commitment by the entrepreneur, its supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.

 

Article 13 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. Subject to what is stated in Article 4 of these terms and conditions, the company will accept orders expeditiously but not later than 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot or only partially be carried out, the consumer will be notified of this no later than 30 days after placing the order. The consumer in this case the right to terminate the agreement without penalty and be entitled to any compensation.
  4. After dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer immediately.
  5. The risk of damage and / or loss of products rests with the entrepreneur up until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

 

Article 14 - Payment

  1. Unless otherwise provided in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection 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 has received the confirmation of the agreement.
  2. When selling products to consumers, the general terms and conditions may never oblige the consumer to pay more than 50% in advance. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s), before the advance payment has been made.
  3. The consumer is obliged to immediately report inaccuracies in payment data provided or specified to the entrepreneur.
  4. If the consumer is unable to meet his payment obligation(s) in time, this is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has given the consumer a deadline of 14 days to fulfill his commitments, then after the failure to pay within this 14-day period, the entrepreneur is entitled to charge the outstanding amount including legal interest and the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of 15% on outstanding amounts to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can, for the benefit of the consumer, differ from these amounts and percentages.

 

Article 15 - Complaints

  1. The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has found the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement within a reasonable time or within 3 months after the filing of the complaint, a dispute will arise that is subject to the dispute settlement procedure.

 

Article 16 - Disputes

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

 

Article 17 - Additional or different terms

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

 

Wobbel BV is not liable for material or immaterial damage caused by use of the Wobbel balance board. Read the instructions carefully and make sure you follow the instructions therein.

Always use active toys with caution and under the supervision of an adult.

 

 

 

Our no nonsense return policy:
60 days money back, The shipping fee for returning are for the buyer. This only applies if the Wobbel is in unused state.
Want to exchange for a different color? You can send it back and we pay the shipping of the new Wobbel. This only applies if the Wobbel is in unused state.

If you want to return your product, please contact us at [email protected] 
When mailing us, please state your invoice of order number.