GENERAL TERMS AND CONDITIONS info@connardofficial.com
Website: https://www.connardofficial.com



Definitions


't wilde westen: 't wilde westen, established in Roeselare, Chamber of Commerce no. 0793.604.807.
Customer: the party with whom 't wild westen has entered into an agreement .
Parties: 't wild westen and customer together.
Consumer: a customer who is an individual acting for private purposes.

Applicability

These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of 't wilde westen.
The parties may deviate from these terms and conditions only if they have expressly agreed to this in writing.
The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Prices

All prices used by 't wild westen are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
't wilde westen is at all times entitled to adjust all prices for its products or services displayed in its store, on its website or otherwise.
Increases in the cost prices of products or parts thereof, which 't wild westen could not foresee at the time of making an offer or concluding the agreement, may give rise to price increases.
The consumer is entitled to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulations.

Samples/models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the delivered products conform to the sample or model.

Payments and payment term 

't wilde westen may require a down payment of up to 50% of the agreed amount when concluding the agreement.
The customer must have paid the full amount within 1 month, after delivery.
Payment terms are considered to be fatal terms of payment. This means that if the customer has not paid the agreed amount by the last day of the payment period, he will be in default by operation of law, without 't wild westen having to send the customer a reminder or give him notice of default.
't wild westen reserves the right to make delivery conditional on immediate payment or to require sufficient security for the total amount of the services or products.

Consequences of late payment 

If the customer fails to pay within the agreed period, 't wild westen shall be entitled to charge an interest rate of 2% per month for non-commercial transactions and an interest rate of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month shall be concluded for a whole month.
If the customer is in default, he will also owe extrajudicial collection costs and may be liable to pay any damages to 't wild westen.
The collection costs will be calculated on the basis of the Compensation for extrajudicial collection costs.

If the customer fails to pay on time, 't wild westen may suspend its obligations until the customer has fulfilled his payment obligation.
In case of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of 't wilde westen against the customer shall be immediately due and payable .
If the customer refuses to cooperate in the implementation of the agreement by 't wild westen, the customer is still obliged to pay the agreed price to 't wild westen.

Right to recover goods

Once the customer is in default, 't wild westen may invoke the right of recovery in respect of the unpaid goods delivered to the customer.
't wild west invokes the right of recovery by written or electronic notice.
Once the customer has been notified of the claimed right of recovery, the customer shall immediately return the products in question to 't wild westen, unless the parties agree to make other arrangements in this regard .
The costs of collecting or returning the products will be borne by the customer.

Right of withdrawal 

A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason, provided that:

the product has not been used
it is not a product that can spoil quickly , such as food or flowers
the product is not specially tailored for the consumer or adapted to his special needs
it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.) the seal is still intact, if the product is a data carrier with digital content (DVDs, CDs, etc.)
the product is not a (vacation) trip, transport ticket, catering order or a form of leisure activity, the product is not a separate magazine or loose newspaper
the consumer has not waived his right of withdrawal

The cooling-off period of 14 days referred to in paragraph 1 begins
on the day after the consumer has received the last product or part of 1 order once the consumer has received the first product of a subscription
as soon as the consumer has confirmed the purchase of digital content via the Internet.
The consumer can express his right of withdrawal via info@connardofficial.com, if desired by using the withdrawal form that can be downloaded from the 'wild west website, https://www.connardofficial.com.
The consumer is obliged to return the product to 't wild westen within 14 days after notification of his right of withdrawal , after which his right of withdrawal expires.

Refund of delivery costs 

If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement under the law, 't wild westen will refund these costs to the consumer within 14 days after receipt of the timely invocation of the right of awal, provided that the consumer has returned the product to 't wild westen in Time.
Return costs will only be reimbursed by 'wild west if the entire order is returned.

Reimbursement of return costs. 

If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the cost of returning the entire order shall be borne by the consumer.

Suspension of obligations by the customer

The customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention

't wild west may invoke its right of retention of title and in that case retain the products sold by 't wild west to the customer until the customer has paid all outstanding invoices relating to 't wild west, unless the customer has provided sufficient security for these payments.

The right of retention of title shall also apply by virtue of earlier agreements from which the customer still owes payments to 't wild westen.
't wild westen shall never be liable for any damage the customer may suffer as a result of the use of its retention of title.

Settlement

Customer waives its right to settle any debt to Wild West with any claim against Wild West.

Retention of title 

't wild westen shall remain the owner of all products delivered until the customer has fully satisfied all of its payment obligations with respect to 't wild westen under any agreement with 't wild westen, including claims for failure to perform.
Until such time 't wild westen may invoke its retention of title and repossess the goods .
Before ownership is transferred to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
If 't wild west invokes its retention of title, the agreement shall be dissolved and 't wild west shall be entitled to damages, lost profits and interest.

Delivery

Delivery will take place while stocks last.
Delivery will take place at 't wild westen unless the parties have agreed otherwise.
Delivery of products ordered online will take place at the address provided by the customer.
If the agreed price is not paid on time, 't wild westen is entitled to suspend its obligations until the agreed price is paid in full.
In case of late payment, the customer is automatically in default, and cannot hereby oppose late delivery by 't wild westen.

Delivery term

Any delivery period stated by 't wild westen is indicative and does not entitle the customer to rescission or compensation if this period is not observed, unless the parties have expressly agreed otherwise in writing.
Delivery will start as soon as the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation of his order from 't wild westen.
Exceeding the stated delivery period does not entitle the customer to compensation or the right to dissolve the agreement , unless 't wild westen cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have hesitated.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.

Transport costs

Transportation costs shall be borne by the customer, unless the parties have agreed otherwise.

Packaging and shipping.

If the package of a delivered product is opened or damaged, the customer must have a note prepared by the forwarding agent or delivery person before taking delivery of the product. Failing which 't wild westen cannot be held liable for any damages.
If the customer takes care of the transport of a product himself, he shall report any visible damage to products or packaging to 't wild westen prior to transport, failing which 't wild westen cannot be held liable for any damage.

Insurance surcharge

If the customer orders products later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
Any additional costs resulting from premature or late purchase of products shall be borne entirely by the customer.

Warranty

The warranty regarding products applies only to defects caused by defective manufacture, construction or material.
The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, modifications to the product, negligence or improper use by the customer, or when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of a contract between the parties is transferred to the customer when these products are legally and/or actually delivered, or at least under the control of the customer or a third party receiving the product on behalf of the customer.

Indemnification

The customer indemnifies 't wilde westen for all claims by third parties related to the products and/or services provided by 't wilde westen.

Complaints

The customer shall examine a product or service delivered by 't wilde westen for any shortcomings as soon as possible.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform 't wild westen of this as soon as possible, but in any case within 1 month of discovering the shortcomings.
Consumers must notify 't wild west of this within two months after discovery of the shortcomings.
The customer shall give as detailed a description as possible of the shortcomings, so that 't wild west 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 cannot in any case result in 't wild westen being forced to perform work other than that agreed upon.

Termination

The customer must give 't wild westen written notice of default. 
It is the customer's responsibility that a notice of default actually reaches 't wild west (in a timely manner).

Joint and several obligations of the customer

If 'wild west enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to 'wild west under that agreement.

Liability of 't wild westen

't wild westen shall be liable for damage suffered by the customer only if and insofar as such damage was caused by intent or gross negligence.
If 't wild westen is liable for any damage, it shall only be liable for direct damage arising from or in connection with the performance of an agreement.
't wild westen shall never be liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
If 't wild westen is liable, its liability will be limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage, the amount of liability will be limited to the (part of the) invoice to which the liability relates.
All images, photographs, 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.

Expiration date period

Any right of the customer to compensation from 't wild westen shall in any event expire within 12 months of the event from which the liability arises directly or indirectly. This does not exclude the provisions of section 6:89 bw.

Dissolution

The customer shall be entitled to dissolve the agreement if 't wild west imputably fails to fulfill its obligations, unless such failure does not justify dissolution because of its special nature or because it is of minor importance.
If fulfillment of the obligations by 't wild westen is not permanently or temporarily impossible, dissolution can only take place after 't wild westen is in default.
't wild westen shall be entitled to dissolve the agreement with the customer if the customer fails to fulfil its obligations under the agreement in full or in time, or if circumstances give 't wild westen good grounds to fear that the customer will not be able to fulfil its obligations properly.

Force majeure

In addition to the provisions of Section 6:75 of the Dutch Civil Code, a shortcoming of 't wild westen in the fulfilment of any obligation towards the customer cannot be attributed to 't wild westen in any situation that is independent of the will of 't wild westen, if the fulfilment of its obligations towards the customer is wholly or partly prevented or if the fulfilment of its obligations cannot reasonably be required of 't wild westen .
The force majeure situation referred to in paragraph 1 also applies - but is not limited to: state of emergency ( such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer or telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation occurs that prevents 't wild west from fulfilling one or more obligations to the customer, these obligations will be suspended until 't wild west can fulfill them.
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.
't wild west shall not owe any compensation or damages in a force majeure situation, even if it has obtained benefits as a result of the force majeure situation.

Amendments to the Agreement

If after the conclusion of the agreement and before its execution it appears necessary to amend or supplement its contents , the parties shall amend the agreement accordingly in good time and in mutual consultation.

Amendments to the general terms and conditions 

't wild westen is entitled to amend or supplement these general terms and conditions.
Amendments of minor importance may be made at any time.
Amendments to the content will be discussed by 't wild westen 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 his rights that differ from an agreement with 't wild westen to third parties without the prior written consent of 't wild westen.
This provision applies as a stipulation with a proprietary effect as referred to in Section 3:83(2) of the Dutch Civil Code .

Consequences of nullity or voidability

If one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
A provision which is null and void or voidable will in that case be replaced by a provision which comes closest to what 't wilde westen had in mind when drawing up the terms and conditions.

Applicable law and competent court

All agreements between the parties shall be exclusively governed by Dutch law.
The Dutch court in the district where 't wilde westen has its registered office has exclusive jurisdiction in the event of disputes between the parties, unless the law provides otherwise.

Attribution

These general terms and conditions were created using a document by Rocket Lawyer (https://www.rocketlawyer.com/nl
/nl).


Retrieved January 01, 2023.