Terms & Conditions
- Wølven Global: VDV VDW mts., established in Boekhoute, KBO no. BE 0737.628.778.
- Customer: the person with whom Wølven Global has entered into an agreement.
- Parties: Wølven Global and customer together.
- Consumer: a customer who is an individual acting for private purposes.
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Wølven Global.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
- All prices used by Wølven Global are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Wølven Global is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which Wølven Global could not foresee at the time of making an offer or the conclusion of an agreement, may give rise to price increases.
- The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Samples / models
If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Consequences of late payment
- If the customer does not pay within the agreed term, Wølven Global is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
- When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Wølven Global.
- If the customer does not pay on time, Wølven Global may suspend its obligations until the customer has met his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Wølven Global on the customer are immediately due and payable.
- If the customer refuses to cooperate with the performance of the agreement by Wølven Global, he is still obliged to pay the agreed price to Wølven Global.
Right of recovery of goods
- As soon as the customer is in default, Wølven Global is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- Wølven Global invokes the right of recovery by means of a written or electronic announcement.
- As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Wølven Global, unless the parties agree to make other arrangements about this.
- The costs for the collection or return of the products are at the expense of the customer.
Right of cancellation
- A consumer may cancel an online purchase during a cooling-off period of 30 days without giving any reason, provided that
- The product has not been used
- It is not a product that can spoil quickly, like food or flowers
- The product is not specially tailored for the consumer or adapted to its special needs
- It is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
- The seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, USB drives, etc.)
- The product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity
- The product is not a separate magazine or a loose newspaper
- The purchase does not concern an (assignment to) urgent repair
- The consumer has not renounced his right of cancellation
- The reflection period of 30 days as referred to in paragraph 1 commences:
- On the day after the consumer has received the last product or part of 1 order
- As soon as the consumer has received the first product of a subscription
- As soon as the consumer has purchased a service for the first time
- As soon as the consumer has confirmed the purchase of digital content via the internet
- The consumer can notify his right of cancellation via firstname.lastname@example.org, if desired by using the withdrawal form that can be downloaded via the website of Wølven Global, wolvenglobal.com
- The consumer is obliged to return the product to Wølven Global within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
- The costs for return are dealt with in the following way:
- The consumer sends an e-mail to email@example.com or uses the contact form on the website to inform Wølven Global of his return. In his message, the consumer notifies Wølven Global of the order reference number and the reason for his return.
- Wølven Global reacts with the “RETOUR”-email.
- If the reason for the return is “wrong size”, then Wølven Global will cover the return costs IF AND ONLY IF the consumer places another order with the correct size.
- If the reason for the return is however not because of “wrong size”, the consumer will have to pay the costs of return.
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Wølven Global will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Wølven Global in time.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
- Wølven Global can appeal to his right of retention of title and in that case retain the products sold by Wølven Global to the customer until the customer has paid all outstanding invoices with regard to Wølven Global, unless the customer has provided sufficient security for these payments.
- The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Wølven Global.
- Wølven Global is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
The customer waives his right to settle any debt to Wølven Global with any claim on Wølven Global.
Retention of title
- Wølven Global remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Wølven Global under whatever agreement with Wølven Global including of claims regarding the shortcomings in the performance.
- Until then, Wølven Global can invoke its retention of title and take back the goods.
- Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Wølven Global invokes its retention of title, the agreement will be dissolved and Wølven Global has the right to claim compensation, lost profits and interest.
- Delivery takes place while stocks last.
- Delivery takes place at Wølven Global unless the parties have agreed upon otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed price is not paid on time, Wølven Global has the right to suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Wølven Global.
- Any delivery period specified by Wølven Global is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Wølven Global.
- Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Wølven Global cannot deliver within 10 days or if the parties have agreed upon otherwise.
- The customer must ensure that the actual delivery of the products ordered by him can take place in time.
- Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
- If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Wølven Global may not be held liable for any damage.
- If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Wølven Global, failing which Wølven Global cannot be held liable for any damage.
- If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
- Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.
- The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
- Exchange is only possible if the following conditions are met:
- Exchange takes place within 30 days after purchase upon presentation of the original invoice
- The product is returned in the original packaging or with the original (price) tags still attached to it
- The product has not been used
- Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer cannot be exchanged.
- The customer indemnifies Wølven Global against all third-party claims that are related to the products and/or services supplied by Wølven Global.
- The customer must examine a product or service provided by Wølven Global as soon as possible for possible shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Wølven Global of this as soon as possible, but in any case, within 2 months after the discovery of the shortcomings.
- Consumers must inform Wølven Global of this within two months after detection of the shortcomings.
- The customer gives a detailed description as possible of the shortcomings, so that Wølven Global is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Wølven Global being forced to perform other work than has been agreed.
- The customer must provide any notice of default to Wølven Global in writing.
- It is the responsibility of the customer that a notice of default actually reaches Wølven Global (in time).
Joint and several Client liabilities
- If Wølven Global enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Wølven Global under that agreement.
Liability of Wølven Global
- Wølven Global is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
- If Wølven Global is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
- Wølven Global is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
- If Wølven Global is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
- Every right of the customer to compensation from Wølven Global shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly.
- The customer has the right to dissolve the agreement if Wølven Global imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
- If the fulfillment of the obligations by Wølven Global is not permanent or temporarily impossible, dissolution can only take place after Wølven Global is in default.
- Wølven Global has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if the circumstances give Wølven Global good grounds to fear that the customer will not be able to fulfill his obligations properly.
- A shortcoming of Wølven Global in the fulfillment of any obligation to the customer cannot be attributed to Wølven Global in any situation independent of the will of Wølven Global, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Wølven Global.
- The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpecteddisturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which Wølven Global cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Wølven Global can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Wølven Global does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
- If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
- Wølven Global is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed by Wølven Global with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- The customer cannot transfer its rights deferring from an agreement with Wølven Global to third parties without the prior written consent of Wølven Global.
Consequences of nullity or annullability
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Wølven Global had in mind when drafting the conditions on that issue.
Applicable law and competent court
- Belgian law is exclusively applicable to all agreements between the parties.
- The Belgian court in the district where Wølven Global is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 28/09/2019
VDV VDW mts.,
VDV VDW mts. is responsible for processing the personal data as described in this privacy statement.
Personal details that we process
VDV VDW mts. processes your personal details because you make use of our services and/or because you submit them to us yourself. In the list below, you can find an overview of the personal details that we process:
– First and Last Name
– Address data
– Telephone number
– Email address
Special Categories of Personal Data (sensitive data) that we process
Our website and/or services does not have the intention of collecting data from website visitors under the age of 16 years, unless they have the permission of their parents or legal guardian. However, we cannot verify if a visitor is above is the age of 16 years. We therefore encourage parents to be involved in the online activities of their children, in order to avoid the situation where data is being collected without parental consent. If you are convinced that we collected personal details about a minor without that consent, please contact us via firstname.lastname@example.org, so that we can remove that data.
For which purpose and on what basis we process personal details
VDV VDW mts. processes your personal data for the following purposes:
– To handle your payment
– To give you the possibility to create an account
– To deliver goods and services to you
– VDV VDW mts. also processes personal data if we are legally required to do so, e.g. data we need for our tax return.
VDV VDW mts. does not take decisions on the basis of “automated decisions” for matters that can have (significant) consequences for people. Automated decisions are decisions that are taken by computer programs or systems, without any human (e.g. an employee of VDV VDW mts.) involvement at all.
How long we store personal details
VDV VDW mts. stores your personal data not longer than what is needed to realize the purposes of why we collect this data in the first place. We use the following retention periods for personal data:
We use the same retention period of 2 (two) years for personalia and address details. This enables us to smoothly process your order(s), your (regular) returns and your end-of-life returns. If you want more information on our end-of-life returns, please head over to the “Journey” page on this website.
Sharing of personal details with third parties
VDV VDW mts. only shares personal details with third parties if this is strictly needed for the execution of our contract with you or to comply with legal obligations.
Cookies or similar techniques that we use
We already informed you about these cookies and asked you for your permission to place them upon your first visit to our website.
You can opt-out of these cookies by configuring your internet browser in such a way that it does not save cookies anymore. Apart from that, you can also remove all of the priorly saved information via the settings of your browser.
Viewing, updating or removing data
You have the right to see your personal details, to correct them or to remove them. You also have the right to withdraw your possible consent for the processing of your data or to object to the processing of your personal details by VDV VDW mts. and you have the right to data portability. This means that you can submit a request to us to send you or an organization that you indicated the personal details that we collected from you in a computer file.
You can submit a request for the inspection, correction, removal, data portability of your personal data or a request to withdraw your consent or objection to the processing of your personal data to email@example.com
To ensure that the request for inspection has been done by you, we ask you to provide a copy of your proof of identity along with your request. Please mark your passport photo, MRZ (machine readable zone, the strip with the numbers at the bottom of the passport), your passport number and BSN in black to protect your privacy. We will respond to your request as fast as possible (within 4 (four) weeks).
VDV VDW mts. also wants to point out the possibility to file a complaint with the national supervisor, the Data Protection Authority. Please use the following link: https://www.dataprotectionauthority.be
How we protect personal details
VDV VDW mts. takes to protection of your personal data very seriously and takes the appropriate measures to prevent abuse, loss, unauthorized access, accidental disclosure and unauthorized adjustments of your personal data. If you have the impression that your data is not sufficiently protected or there are indications of abuse, please contact our customer service via firstname.lastname@example.org
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