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General Terms and Conditions of Verburg Agenturen B.V., established in Hengelo ,Netherlands
Version valid from 01-04-2017


Article 1 - Definitions
In these conditions:
  1. Retailer: the natural or legal person who offers products and/or services to consumers at a distance;
  2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the retailer;
  3. Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement only one or more techniques for distance communication are used;
  4. Techniques for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time;
  5. Cooling-off period: the period within which the consumer can make use of the right of withdrawal;
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Day: calendar day;
  8. Transaction duration: a distance contract relating to a series of products and/or services, of which the supply and/or purchase obligation is spread over time;
  9. Durable data carrier: any means that enables the consumer or retailer to store information that is addressed to them personally in a way that makes future consultation and unaltered reproduction of the stored information possible.

Article 2 - Company Information
Verburg Agenturen B.V.
Enschedesestraat 300
7552 CN Hengelo
Netherlands
Phone number: +31 742781637
E-mail address: info@washtower.com
Chamber of Commerce number: 08128657
VAT identification number: NL819812912B01

Article 3 - Applicability
  1. These general terms and conditions apply to every offer made by the retailer and to every distance contract that has been concluded between the retailer and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the retailer and they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can store the text on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflict with the general terms and conditions always invoke the applicable provision that is most favourable to them.

 Article 4 - The offer
  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the retailer uses images, these are a true reflection of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the retailer.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
  • the price including taxes;
  • the possible costs of delivery;
  • the way in which the contract will be concluded and which actions are necessary for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery or execution of the agreement;
  • the period for accepting the offer or the period for adhering to the price;
  • the level of the tariff for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the basic rate;
  • if the agreement is archived after the conclusion, how it can be consulted by the consumer;
  • the manner in which the consumer can be informed of the actions they do not wish to take before concluding the contract, as well as the way in which they can rectify these before the contract is concluded;
  • the possible languages ​​in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the retailer is subject and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in case of an agreement that extends to the continuous or periodic delivery of products or services.

Article 5 - The contract
  1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance of the offer by the consumer and the fulfillment of the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the retailer will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the retailer will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the retailer will observe appropriate security measures.
  4. The retailer can - within legal frameworks - be informed whether the consumer can meet the payment obligations, as well as all the information and factors that are important for a responsible conclusion of the distance contract. If the retailer based on this investigation has good reasons not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to the execution.
  5. With the product or service the retailer will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  • the physical address of the business location of the retailer where the consumer can go with complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • information about guarantees and existing service after purchase;
  • the information included in article 4 paragraph 3 of these conditions, unless the retailer has already provided this information to the consumer before the execution of the agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  1. If the retailer has committed himself to delivering a series of products, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal
  1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The retailer may ask the consumer for the reason for the withdrawal, but the consumer is not obliged to state the reason(s).
  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not a carrier, has received the product, or:
    1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The retailer may, provided they have informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
    2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
  3. The consumer can only utilise the cooling-off period if the product is unused, undamaged and returned or sent in its original packaging. The consumer may remove the product from the packaging to view it.
  4. If the consumer makes use of the right of withdrawal, they will return the product with all accessories and in the original condition and packaging to the retailer, in accordance with the reasonable and clear instructions provided by the retailer.
  5. The return of products that have been bought online must be communicated to the retailer via the website and confirmed by the retailer, prior to physical return.
  6. Business transactions are not covered by consumer law and are therefore excluded from the right of withdrawal. A product purchased under a company name can therefore not be returned within 14 days.

Article 7 - Obligations of the consumer during the cooling-off period
  1. During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent that is necessary to assess whether they wish to keep the product.
  2. The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.

Article 8 - Exercise of the right of withdrawal
  1. If the consumer makes use of the right of withdrawal, they will report this within the cooling-off period via the website or in writing to the retailer.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product, or hand it over to (an authorised representative of) the retailer. This is not necessary if the retailer has offered to collect the product. In any case, the consumer has complied with the return period if they return the product before the cooling-off period has expired.
  3. The consumer must return the product with all accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the retailer.
  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 costs of returning the product.
  6. If the consumer has paid, the retailer must repay this amount as soon as possible but no later than 30 days after the return or cancellation refund.

Article 9 - Exclusion of right of withdrawal
The retailer can exclude the following products and services from the right of withdrawal, but only if the retailer has clearly stated this in the offer, at least in time for the conclusion of the agreement:
  1. Products or services whose price is subject to fluctuations in the financial market on which the retailer has no influence and which can occur within the withdrawal period;
  2. Agreements that are concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the retailer to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service contracts, after full execution of the service, but only if:
    1. the execution has begun with the explicit prior consent of the consumer; and
    2. the consumer has declared that they will lose their right of withdrawal as soon as the retailer has fully executed the agreement;
  4. Service agreements for the provision of accommodation, if a certain date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
  5. Agreements with regard to leisure activities, if a specific date or period of execution is provided for in the agreement;
  6. Products manufactured according to the consumer's specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer or which are clearly intended for a specific person;
  7. Products that spoil quickly or have a limited shelf life;
  8. Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
  9. Products that are irrevocably mixed with other products by their nature after delivery;
  10. Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which the retailer has no influence;
  11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
  12. Newspapers, magazines or publications, with the exception of subscriptions to this;
  13. The delivery of digital content other than on a tangible medium, but only if:
    1. the execution has begun with the explicit prior consent of the consumer; and
    2. the consumer has stated that he thereby loses his right of withdrawal.

Article 10 - The price
  1. During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the retailer can offer products or services whose prices are subject to fluctuations in the financial market and where the retailer has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the retailer has stipulated this and:
    1. these are the result of statutory regulations or provisions; or
    2. the consumer has the authority to cancel the agreement by the day on which the price increase takes effect.
  5. The prices mentioned in the range of products or services include VAT.

Article 11 - Conformity and guarantee
  1. The retailer warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.
  2. An arrangement offered by the retailer, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can enforce against the retailer in respect of a shortcoming in the fulfillment of the obligations of the retailer by virtue of the law and/or the distance contract.
 
Article 12 - Delivery and execution
  1. The retailer 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 company.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
  4. In case of dissolution in accordance with the previous paragraph, the retailer will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
  5. If delivery of an ordered product proves to be impossible, the retailer will endeavour to make a replacement product available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded. The retailer is responsible for the cost of the return shipment.
  6. The risk of damage and/or loss of products rests with the retailer until the moment of delivery to the consumer or a pre-designated representative organised by the retailer, unless expressly agreed otherwise.

Article 13 - Payment
  1. Unless otherwise agreed, the amounts due by the consumer must be paid via IDEAL, Mastercard or bank transfer.

Article 14 - Complaints procedure
  1. The retailer has a well-publicised complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the retailer within a reasonable time, fully and clearly described, after the consumer has discovered the issue.
  3. Complaints submitted to the retailer will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the retailer will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

Article 15 - Intellectual property
The consumer acknowledges explicitly that all intellectual property rights of displayed information, announcements or other expressions relating to the products and/or relating to the internet site are vested in Verburg Agenturen B.V., its suppliers or other entitled parties.

Article 16 - Personal data
Verburg Agenturen B.V. will only process the data of the consumer in accordance with its privacy policy. Verburg Agenturen B.V. in doing so, observe the applicable privacy rules and legislation.

Article 17 - Applicable law and competent court
Dutch law applies exclusively to all offers made by Verburg Agenturen B.V., its agreements and the performance thereof. Applicability of the Vienna Sales Convention is explicitly excluded.

Article 18 - Additional or deviating provisions
Additional provisions or deviating from these 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 by the consumer in an accessible manner on a durable medium.