Terms and conditions
1.1 DEWOODSTOK: VOF deWoodstok, located in Delft and registered at the Chamber of Commerce under number 70223408.
1.2 Client: any person or company purchasing one or more Products, accepting the General Conditions.
1.3 DEWOODSTOK’s website: The website of DEWOODSTOK, accessible via www.dewoodstok.nl.
1.4 Agreement: any contract whereby sole use is made of one or more techniques for communication within the framework of a system organized by DEWOODSTOK for the sale of products, up to and including the moment that the contract is concluded between DEWOODSTOK and the client.
1.5 Withdrawal period: The period of time in which the client has the opportunity to cancel the agreement through his right of withdrawal.
1.6 Right of withdrawal: The possibility for the client to return the ordered products to DEWOODSTOK within the withdrawal period in exchange for the purchase amount.
1.7 General Conditions mean these general conditions and any possible new future version which may be published on dewoodstok.nl by DEWOODSTOK.
1.8 Parties means DEWOODSTOK and the Client, when jointly referred.
Prices, payment and establishment of an agreement (2)
2.1 Products offered on DEWOODSTOK’s website contain a description, delivery charges and prices
including BTW (VAT).
2.2 All delivery times stated by DEWOODSTOK are of an indicative nature and do not give the client any right to dissolution, compensation and/or suspension.
2.3 An agreement is established after a client accepts an offer from DEWOODSTOK and DEWOODSTOK accepts the client as a customer.
2.4 Payments can be made in the following way:
● During the establishment of an agreement via electronic payment or;
● By paying through PayPal.
3.1 Ordered products are send by a forwarder chosen by DEWOODSTOK.
3.2 In principle the products ordered by clients with a delivery address within the EU will be delivered within seven (7) days after an agreement is established between DEWOODSTOK and the client.
3.3 If DEWOODSTOK cannot meet the delivery as described in Article 3.2 a new delivery period
will be mentioned by DEWOODSTOK. When DEWOODSTOK is not able to deliver the products ordered by the client within thirty (30) days, the client can cancel the agreement.
Returning Products (4)
4.1 The client is entitled, using his right of withdrawal, to return the ordered products within seven (7) days after delivery by DEWOODSTOK.
4.2 The sums paid for the products by a client prior to the withdrawal will be reimbursed/refunded within fourteen (14) days by DEWOODSTOK after receiving the returned products.
4.3 The risks of return and the cost of mailing will be at the expense of the client when they exercise their right of withdrawal.
4.4 DEWOODSTOK reserves the right to only partially refund the payment when it is noted that the products and/or packaging has been opened, used or damaged by the client.
5.1 The client is obliged to inspect the products promptly and carefully upon delivery. Any claims on defects or malfunctions must be reported immediately to DEWOODSTOK, but in any event within fourteen (14) days after delivery.
5.2 If DEWOODSTOK finds the claim well founded, DEWOODSTOK will offer the client repair, a replacement product or refund of the invoice value of the product.
5.3 The warranty period on all product is three months. The client has no right to warranty as described in this article if DEWOODSTOK determines that the fault in a product is caused by the client. The product delivered by DEWOODSTOK are made from material of which the durability depends on different factors. Wear from normal use or improper handling are not covered by the warranty.
Force majeure (6)
6.1 Parties shall not be held liable for any of their obligations if they are hindered to do so due to a circumstance through no fault of their own and which cannot be attributed to them by virtue of law, a legal action or generally accepted practice.
6.2 Throughout the duration of the circumstances of force majeure, DEWOODSTOK shall be entitled to suspend the fulfilment of its obligations. If this period lasts for more than thirty (30) days, either of the parties shall be entitled to cancel the agreement without any obligation to pay the opposite party damages.
7.1 If DEWOODSTOK is held liable, any liability shall be limited to the invoice value of the order, or at least to that part of the order in which the liability relates
7.2 DEWOODSTOK is only liable for direct damages. As a result of direct damages the client must accept and agree to:
● The reasonable costs incurred to establish the cause and extent of the damage
● Any reasonable expenses made to make substandard products comply with the desirable properties as meant in the agreement, but only to the extent as these expenses can be attributed to DEWOODSTOK.
● Any reasonable costs made to prevent or minimize damage, but only if the client demonstrates that these costs have led to the limitation of direct damage as referred to in this article.
7.3 DEWOODSTOK excludes all liability for indirect damage suffered due to the use of the products delivered by DEWOODSTOK, except for situations where the damage is directly caused due to intent or gross negligence on the part of DEWOODSTOK, his directors and / or management staff.
7.4 DEWOODSTOK is never liable for the following damages: damage or injuries caused by use other than cleaning climbing holds indoor and outdoor, consequential damages, lost profits, lost savings and damage due to business stagnation.
Applicable law and disputes (8)
8.1 Only Dutch law shall apply to each and every agreement between DEWOODSTOK and the client. The CISG is not applicable under the Agreement.
8.2 Client and DEWOODSTOK shall only refer the matter to the court if they have done their utmost to solve the dispute through mutual consultations.