General Terms and Conditions of Sale and Delivery of Wroomshop.nl

Definitions:

• Wroomshop: www.wroomshop.nl, part of ERKA Premium Car Wrap & Tint, located at Van Veldekestraat 10, Oss, registered under KvK number 76075664.
• Consumer: A natural person who is not acting for purposes related to their trade, business, craft, or profession.
• Customer/Purchasing Party: The person with whom Wroomshop has entered into an agreement.
• Entrepreneur: A natural or legal person offering products and/or services to the consumer.
• Parties: Wroomshop and the Customer/Purchasing Party together.
• Agreement: The legal relationship between two or more persons arising from an offer by one party and acceptance by the other party.
• Distance Contract: A contract concluded between Wroomshop and the customer within the framework of an organized system for the remote sale of products, in which only or mainly one or more techniques for remote communication are used until the conclusion of the contract.
• Right of Withdrawal: The possibility for the consumer to withdraw from the agreement within 14 days without giving any reason.

Agreement:

1. The agreement is concluded when the customer places an order through the online store, by phone, or verbally, at the moment Wroomshop explicitly accepts and confirms the order in writing.
2. Subsequent additions and/or changes, and (verbal) assurances from Wroomshop or its staff, representatives, agents, or other intermediaries are binding only if confirmed in writing by Wroomshop.
3. Wroomshop has the right to engage third parties for the proper execution of the agreement. Where possible, Wroomshop will consult the customer on this matter.

Applicability:

1. These terms and conditions apply to all offers, orders, agreements, and deliveries of services or products by or on behalf of Wroomshop.
2. The parties may only deviate from these terms if explicitly agreed upon in writing.
3. The parties explicitly exclude the applicability of additional and/or deviating terms and conditions of the customer or third parties.

Prices:

1. All prices used by Wroomshop are in euros, subject to changes due to currency fluctuations, and include VAT but exclude additional costs such as administrative fees, duties, and travel, shipping, or transport costs unless explicitly stated otherwise.
2. Wroomshop may change its product prices on its website or otherwise announced prices at any time without giving reasons.
3. An increase in the cost of products or parts that Wroomshop could not foresee at the time of the offer or conclusion of the agreement may result in price increases.
4. The consumer has the right to withdraw from the agreement due to the price increase mentioned in point 17 unless the increase results from statutory regulations.

Product and Quantity Tolerances:

Wroomshop is not responsible for slight color differences not exceeding shade nuances (caused, for example, by differences in display settings). The customer has no right to refuse delivery for this reason.

Payments and Payment Terms:

1. Wroomshop may require an advance payment of 100% of the agreed amount from the customer at the time of concluding the contract, unless otherwise agreed.
2. The customer must make the payment within 14 days of delivery.
3. Payment terms are considered final. If the customer does not pay the agreed amount by the last day of the payment term, they are automatically in default without the need for a payment reminder from Wroomshop.
4. Wroomshop reserves the right to condition the delivery on immediate payment or to require security for the full amount of services or products.

Right of Withdrawal:

1. Withdrawal from the contract or exchange of goods may only take place with the written acceptance of Wroomshop.
2. Consumers have the right to withdraw from the contract within 14 days without giving reasons, but Wroomshop excludes the return of custom-made or specially adapted products and services. Such items are non-returnable.
3. Exchanges are made within 14 days of purchase upon presentation of the original invoice.
4. Returns are accepted by Wroomshop only if: (a) Wroomshop has previously agreed to this in writing; (b) a completed return form is attached; (c) the return is free of charge unless otherwise agreed; (d) it concerns stock goods or standard materials; (e) the product is unused, undamaged, and has original tags; (f) the delivery took place no more than 2 weeks ago.

Refund of Delivery Costs:

1. If the consumer withdraws from the purchase in time and returns the full order to Wroomshop, Wroomshop will refund any shipping costs paid by the consumer within 14 days of receiving the full and timely returned order.
2. Delivery costs are borne exclusively by Wroomshop if the entire order is returned.

Refund of Return Costs:

If the consumer exercises the right of withdrawal and returns the entire order on time, the customer covers the related costs.

Right of Retention:

1. Wroomshop may exercise the right of retention and in this case retain the customer's products until the customer settles all outstanding payments to Wroomshop, unless the customer provides appropriate security for these payments.
2. The right of retention also applies based on previous contracts under which the customer still has outstanding payments to Wroomshop.
3. Wroomshop is not responsible for any damage that the customer suffers in connection with the exercise of the right of retention.

Retention of Title:

1. Wroomshop owns all graphics, illustrations, and photos on the website. It is prohibited to distribute, copy, or sell them under penalty of a fine.
2. Wroomshop remains the owner of all delivered products until the customer settles all outstanding invoices to Wroomshop related to the given contract, including claims for non-performance.
3. Until the time specified in point 1, Wroomshop may exercise its retention of title and reclaim the items.
4. Until the transfer of ownership to the customer, the customer may not pledge, sell, dispose of, or otherwise encumber the products.
5. If Wroomshop exercises its retention of title, the contract is annulled, and Wroomshop may claim compensation, lost profits, and interest from the customer.

Competitions and Promotions:

Competitions or other promotions (collectively "Promotions") available through the Website may be subject to specific rules separate from these Terms of Use. By participating in such a Promotion, you will be subject to those rules, which may differ from the conditions contained in these Terms of Use. Please review any specific rules applicable to a particular Promotion. To the extent that the conditions of such rules conflict with these Terms of Use, the conditions of that Promotion will prevail but only concerning that Promotion.

Delivery:

1. Delivery is subject to stock availability.
2. Delivery takes place at the Wroomshop's premises unless otherwise agreed.
3. Delivery of products ordered online is made to the address specified by the customer.
4. If the customer does not pay the agreed amounts or does not do so on time, Wroomshop may withhold the fulfillment of its obligations until the customer makes the payment.
5. In the event of payment delays by the customer, the customer is considered to be in creditor's default, which means the customer cannot hold Wroomshop accountable for delayed delivery.

Delivery Time:

1. Wroomshop's delivery times are indicative. If delivery occurs later, the customer cannot appeal to this unless otherwise agreed in writing.
2. The delivery time starts after the customer's order process is completed and Wroomshop receives the confirmation.
3. If Wroomshop delivers later than agreed, the customer has no right to compensation or cancellation of the contract unless it was agreed in writing or Wroomshop cannot deliver within 14 days of a written reminder, or if the customer and Wroomshop have agreed otherwise.

Actual Delivery:

The customer must ensure that the actual delivery of the ordered products can take place on time.

Transport Costs:

The customer bears the transport costs unless the customer and Wroomshop have agreed otherwise in writing.

Packaging and Shipping:

1. If the packaging of the delivered product is open or damaged, the customer should request the carrier to make an appropriate record before accepting the product. If the customer fails to do so, they will not be able to claim compensation from Wroomshop for any damages.
2. If the customer arranges the transport of the product themselves, they must report any visible damage to the products or packaging to Wroomshop before transport. If the customer fails to do so, they will not be able to claim compensation from Wroomshop for any damages.

Warranty:

1. The warranty on products only covers defects caused by faulty manufacturing, construction, or faulty material.
2. The risk of loss, damage, or theft of products covered by the agreement between the parties transfers to the customer at the moment they are legally and/or actually delivered, at least when they are in the possession of the customer or a third party who receives the product on behalf of the customer.
3. The warranty does not cover:
   • normal wear and tear
   • damage resulting from accidents
   • damage resulting from modifications made to the product
   • damage resulting from negligence or improper use by the customer
   • when the cause of the defect cannot be clearly determined

Indemnification:

The customer indemnifies Wroomshop against all claims from other parties related to the products and/or services provided by Wroomshop.

Complaints:

1. The customer must examine the delivered product or service provided for any defects as soon as possible.
2. If the delivered product or service provided does not meet what the customer could reasonably expect, the customer must notify Wroomshop within 1 month of discovering the defect.
3. The consumer must notify Wroomshop within a maximum of 2 months of discovering the defect.
4. The customer provides as detailed a description of the defect as possible to enable Wroomshop to respond adequately.
5. The customer must prove that the complaint relates to the agreement between the customer and Wroomshop.

Notice to Perform:

1. The customer must inform Wroomshop of any notice to perform in writing.
2. The customer is responsible for ensuring that their notice to perform reaches Wroomshop on time.

Suspension and Termination of the Agreement:

Wroomshop has the right to suspend its obligations under the agreement or to terminate the agreement if the customer fails to meet their payment or other obligations under the agreement.

Force Majeure:

1. Wroomshop is not liable for failing to fulfill its obligations under the agreement if such failure is caused by force majeure.
2. Force majeure includes, but is not limited to: natural disasters, wars, riots, embargoes, export or import restrictions, government actions, strikes, factory closures, fires, floods, earthquakes, storms, infrastructure failures, delays in deliveries, or the unavailability of raw materials, materials, energy, or transport.

Changes and Amendments:

1. Wroomshop reserves the right to change or supplement these terms at any time.
2. The customer will be informed of any changes in writing or electronically.
3. The new terms apply to each new agreement concluded after the change is made.

Confidentiality:

Both parties are obliged to maintain the confidentiality of all commercial and technical information obtained in the course of executing the agreement that is marked as confidential or which can reasonably be expected to be confidential.

Governing Law:

These terms and any agreement between Wroomshop and the customer are governed by Dutch law. Any disputes arising from the agreement or these terms will be settled by the competent court in the Netherlands.