Terms of Service

Woolheartedly Handmade
E-mail: woolheartedly.handmade@gmail.com
Website: www.woolheartedlyhandmade.com

Definitions
Woolheartedly Handmade: Woolheartedly Handmade, established in Maastricht,
Customer: the party which Woolheartedly Handmade has entered into an agreement with.
Parties: Woolheartedly Handmade and customer together.
Consumer: a customer who is an individual acting for private purposes.

Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Woolheartedly Handmade.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices
1. All prices used by Woolheartedly Handmade 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.
2. Woolheartedly Handmade is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which Woolheartedly Handmade could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
4. 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.

Payments and payment term
1. Woolheartedly Handmade reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment
1. If the customer does not pay within the agreed term, Woolheartedly Handmade is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Woolheartedly Handmade.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, Woolheartedly Handmade may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Woolheartedly Handmade on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Woolheartedly Handmade, he is still obliged to pay the agreed price to Woolheartedly Handmade.

Right of withdrawal
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- the product has not been used
- the product is not specially tailored for the consumer or adapted to its special needs
2. The cooling-off period of 14 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 the product of a subscription
- as soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of withdrawal via woolheartedly.handmade@gmail.com
4. The consumer is obliged to return the product to Woolheartedly Handmade within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.

Retention of title
1. Woolheartedly Handmade remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Woolheartedly Handmade under whatever agreement with Woolheartedly Handmade including of claims regarding the shortcomings in the performance.
2. Until then, Woolheartedly Handmade can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Woolheartedly Handmade invokes its retention of title, the agreement will be dissolved and Woolheartedly Handmade has the right to claim compensation, lost profits and interest.

Delivery
1. Delivery takes place while stocks last.
2. Delivery of products ordered online takes place at the address indicated by the customer.
3. If the agreed price is not paid on time, Woolheartedly Handmade has the right to suspend its obligations until the agreed price is fully paid.
4. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Woolheartedly Handmade.

Delivery period
1. Any delivery period specified by Woolheartedly Handmade 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.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Woolheartedly Handmade.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Woolheartedly Handmade cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs
Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping
1. 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 Woolheartedly Handmade may not be held liable for any damage.
2. 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 Woolheartedly Handmade, failing which Woolheartedly Handmade cannot be held liable for any damage.
3. 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.

Indemnity
The customer indemnifies Woolheartedly Handmade against all third-party claims that are related to the products and/or services supplied by Woolheartedly Handmade.

Complaints
1. The customer must examine a product or service provided by Woolheartedly Handmade as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Woolheartedly Handmade of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. The customer gives a detailed description as possible of the shortcomings, so that Woolheartedly Handmade is able to respond adequately.
4. The customer must demonstrate that the complaint relates to an agreement between the parties.

Giving notice
1. The customer must provide any notice of default to Woolheartedly Handmade in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Woolheartedly Handmade (in time).

Liability of Woolheartedly Handmade
1. Woolheartedly Handmade is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If Woolheartedly Handmade is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Woolheartedly Handmade is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Woolheartedly Handmade 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.
5. 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.

Expiry period
Every right of the customer to compensation from Woolheartedly Handmade shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution
1.The customer has the right to dissolve the agreement if Woolheartedly Handmade 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.
2. If the fulfillment of the obligations by Woolheartedly Handmade is not permanent or temporarily impossible, dissolution can only take place after Woolheartedly Handmade is in default.
3. Woolheartedly Handmade 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 circumstances give Woolheartedly Handmade good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Woolheartedly Handmade in the fulfillment of any obligation to the customer cannot be attributed to Woolheartedly Handmade in any situation independent of the will of Woolheartedly Handmade, 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 Woolheartedly Handmade .
2. 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; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which Woolheartedly Handmade cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Woolheartedly Handmade can comply with it.
4. 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.
5. Woolheartedly Handmade 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
1. Woolheartedly Handmade is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Woolheartedly Handmade with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with Woolheartedly Handmade to third parties without the prior written consent of Woolheartedly Handmade.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability
1. 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.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Woolheartedly Handmade had in mind when drafting the conditions on that issue.

Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Woolheartedly Handmade is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise

Contact Information
Questions about the Terms of Service should be sent at woolheartedly.handmade@gmail.com