General Terms and Conditions Angelwax Europe BV
These general terms and conditions apply to all offers and agreements between Angelwax Europe BV, hereinafter referred to as "Angelwax," and the professional/customer/purchaser/consumer or client, where Angelwax Europe BV provides goods and/or parts of goods referred to as services (and/or a portion of services), hereinafter referred to as "Services," to the purchaser/client, if these goods and services are not (further) described in these general terms and conditions. Angelwax Europe BV is engaged in wholesale and retail trade in Car wellness, Paint Renewal, cleaning, and polishing products, as well as wholesale store items. All offers made by Angelwax Europe BV, regardless of the name or method used, are non-binding unless explicitly stated otherwise. The agreement is only concluded through written confirmation and signing by Angelwax Europe BV.
Article 1 - Definitions In these terms and conditions:
- Distance selling: a system organized by the seller or service provider for selling or providing services remotely, using one or more remote communication techniques until the conclusion of the agreement. 2. Agreement: any agreement related to distance selling.
- Remote communication technique: a means that can be used without simultaneous personal presence of parties for the conclusion of a distance agreement.
- Professional: the buyer of goods or recipient of services, being a natural person representing Angelwax and/or a professional practitioner.
- Consumer: the buyer of goods or recipient of services, being a natural person not acting in the course of a profession or Angelwax/Angelwax Europe BV.
- Customer: the buyer of goods, consumer, and professional.
- Offer: any offer of goods and/or services, including the applicable conditions, as presented by Angelwax in its catalog, brochures, or otherwise to the consumer.
- Price: the price of the offered good or service, excluding additional costs, as separately mentioned and agreed upon.
- Cooling-off period: the period during which the consumer can exercise their right of withdrawal.
Article 2 - Identity Angelwax Europe BV;
- statutory address at Hoofdweg Noord 37c; 2913 LB Nieuwerkerk aan den Ijssel,
- The Netherlands
- Chamber of Commerce (KvK) Rotterdam: 58523340;
- VAT number NL: NL853075037B01
Article 3 - General delivery conditions
- Before the distance agreement is concluded, reference is made to the online text of the General Terms and Conditions of Angelwax Europe BV.
- The general delivery conditions apply to every contact between Angelwax Europe BV and the customer, regardless of the communication medium used.
- Any deviations from these general delivery conditions must be recorded in writing. In the absence of a written record, deviations can be proven by the parties through any legal means.
Article 4 - The offer
- The offered goods and/or services are clearly and truthfully depicted and/or described, and as complete as reasonableness requires, with the commercial purpose being clearly evident. If there is a limited validity period for the offer, this limitation is clearly stated.
- Each offer must contain sufficient information for the customer to understand the rights and obligations associated with accepting the offer. This includes, in particular, the price, the right of withdrawal, the payment method, the minimum duration of the distance agreement, shipping costs, and other conditions.
- If Angelwax offers the customer the option to pay deferred or in installments, the terms for doing so will be disclosed in the offer.
- If Angelwax offers the consumer the option to contact them via a remote communication technique other than at the basic rate, the costs will be communicated at the latest with the offer.
- Offers through advertisements and the internet are non-binding and valid as long as the product is in stock at Angelwax.
Article 5 - Cooling-off period
- The offer includes a cooling-off period of fourteen working days, starting the day after receipt by or on behalf of the consumer. The cooling-off period does not apply to professionals and business customers.
- During the cooling-off period, the consumer has a right of withdrawal, allowing them to return the received goods without any obligation on their part, other than reimbursing the direct return costs.
- Limitations or exclusions of the cooling-off period based on the specific nature of the goods sold by us include:
- a. All consumable items, (polishing) products, equipment, and/or accessories must be undamaged, packaging in good condition, etc.
- b. No right of dissolution for goods whose price is tied to fluctuations in the financial market, over which Angelwax has no influence;
- c. Goods that:
- 1. are made to the consumer's specifications,
- 2. are clearly personal in nature,
- 3. cannot be returned due to their nature,
- 4. can quickly spoil or age.
- d. Cleaning products, cleaning agents, except for professionally oriented training and education, if the buyer has broken their seal;
- e. Damaged, destroyed, or otherwise unsellable goods will not be accepted for return.
- The consumer can only invoke the cooling-off period in the manner specified by Angelwax in the offer and/or at the time of delivery.
- When returning items purchased through the website, the purchase amount will be credited.
Article 6 - Conclusion of the agreement
1. Notwithstanding the provisions of the third paragraph, the purchase and sale agreement is concluded at the time of acceptance of the offer and compliance with the specified conditions.
2. If a cooling-off period applies, invoking the cooling-off period by the consumer is a dissolving condition.
3. Angelwax is free to negotiate a trial purchase in accordance with legal provisions and grant the cooling-off period suspensive effect.
4. If the consumer has prepaid an amount and if the agreement to which that prepayment relates does not come into effect or is dissolved in accordance with paragraph 2, repayment will be made as soon as possible but no later than within thirty days.
5. Angelwax takes appropriate technical and organizational measures to secure the electronic transmission of personal information, especially regarding payments.
6. Angelwax may, within legal limits, verify whether the person placing the order or making the request can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance agreement. Angelwax is entitled to refuse an order or request or attach special conditions to the delivery.
7. In a timely manner before the execution of the agreement, Angelwax will provide the consumer with the information referred to in Article 4, paragraphs 2, 3, and 4.
8. Angelwax will also provide the consumer with the following information, at the latest at the execution of the agreement:
- a) in writing, the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or where it will be found on their own website.
- b) the geographical address of the Angelwax establishment where the consumer can address complaints;
- c) information about existing after-sales service and commercial guarantees.
Article 7 - The price
1. During the specified duration, the prices of the offered goods and/or services will not be increased, except for price changes due to changes in VAT rates, currency fluctuations, and purchase prices. Contrary to what is stipulated in the previous sentence, it is possible that, if the nature of the offer requires it, there are variable prices. In that case, this and the fact that any prices mentioned are indicative will be stated.
Article 8 - Conformity
Angelwax guarantees that the goods and/or services comply with the specifications mentioned in the offer, meet reasonable requirements of soundness and/or usability, and do not conflict with existing legal provisions and/or government regulations as of the date of the conclusion of the agreement.
Article 9 - Warranty
1. Any guarantee offered by Angelwax does not affect the rights that the consumer can invoke against Angelwax based on the law and the distance agreement.
2. Any warranty provided by the manufacturer or importer does not affect the rights that the consumer can invoke against Angelwax based on the law, the distance agreement, and the warranty provided by Angelwax.
Article 10 - The order
1. Deliveries of goods and/or services are only made on explicit order, unless otherwise agreed between Angelwax and the customer/client.
Article 11 - Execution of the order
1. Angelwax will exercise the utmost care in receiving and executing orders for goods and in assessing requests for services.
2. The customer's last communicated residential address to Angelwax applies as the place of delivery, unless otherwise agreed.
3. In compliance with Article 4 of these general terms and conditions, Angelwax will execute accepted orders promptly but within 60 days at least, unless otherwise agreed. If delivery is delayed due to temporary unavailability or other reasons, or if an order cannot be executed, or can only be partially executed, the consumer will be informed within one month after placing the order. In such cases, the consumer has the right to cancel the order without incurring any costs. The purchase amount will be credited for items purchased via the website. For items purchased through our wholesale, you will receive a credit. Angelwax does not charge any fees for canceling an order.
4. If delivery of an ordered item proves impossible, Angelwax will make efforts, as fairness and equity require, to provide a replacement item/product. At the latest during delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The cooling-off period cannot be excluded for replacement items. The return shipping costs are borne by Angelwax Europe BV.
5. The risk of damage and/or loss of goods rests with Angelwax Europe BV until the moment of delivery unless otherwise agreed.
Article 12 - Payment
1. Payment must be made at the choice of Angelwax Europe BV: a. net cash on delivery; b. in advance by deposit or transfer to an account designated by Angelwax; c. by deposit or transfer to an account designated by Angelwax, no later than 14 days after the invoice date unless otherwise agreed. 2. In the sale of goods to consumers, general delivery conditions may not stipulate a prepayment of more than 50%. If a prepayment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or request for the provision of service(s) until the agreed prepayment has taken place. 3. The consumer has the duty to promptly report any inaccuracies in the provided or stated information to Angelwax. 4. In case of default by the customer/client/professional, Angelwax, subject to legal limitations, has the right to charge the costs communicated to the customer in advance, or reasonable costs. 5. Extrajudicial costs amount to at least 15%, and the legal (commercial) interest is calculated at market rates with a minimum of 2%. 6. The customer is not entitled to deduct any part of the amount payable to Angelwax due to an alleged counterclaim, nor is the customer entitled to suspend payment based on a complaint about the delivered goods. 7. Prices are quoted in Euros.
Article 13 - Disputes
1. Only Dutch law applies to agreements between Angelwax and the professional/customer/consumer covered by these general delivery conditions.
Article 14 - Liability
1. Angelwax is never liable to the customer for any damages unless it is due to intent, gross negligence, or serious negligence of Angelwax. 2. Liability for business and/or stagnation damage is explicitly excluded. Article 15 - Final provision 1. In cases not covered by these General Terms and Conditions, Dutch law also applies. 2. If any part or provision of these General Terms and Conditions Angelwax proves to be in conflict with any mandatory provision of national or international legislation, it will be considered as not agreed upon, and these General Terms and Conditions Angelwax will continue to bind the parties in other respects. August 2023