Terms and Conditions
Article 1: Applicability
1.1 On all sales, orders and agreements from W-LOGIC BV this terms and conditions from W-LOGIC BV apply.
1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms.
1.3 The provisions of these Terms and Conditions can only be deviated from in writing, in which case the other provisions will remain in full force and effect.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of W-LOGIC BV, are also stipulated for the benefit of intermediaries and other third parties engaged by W-LOGIC BV.
Article 2. Offers/agreements
2.1 All offers from W-LOGIC BV are without obligation and W-LOGIC BV expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations. See also article 3.6.
2.2 An agreement is only concluded after acceptance of your order by W-LOGIC BV. W-LOGIC BV is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, W-LOGIC BV will inform you within ten (10) working days after receipt of the order.
Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in Euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
3.2 Payment must be made without discount or compensation for deliveries within the Netherlands, prior to delivery via bank transfer, this also applies to deliveries outside the Netherlands, unless otherwise agreed in writing.
3.3 Payment can be made via SWIFT or upon collection of the goods at W-LOGIC BV in Lelystad.
3.4 If you are in default with any payment, W-LOGIC BV is entitled to suspend or dissolve (the implementation of) the relevant agreement and related agreements.
3.5 If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by W-LOGIC BV.
Article 4. Delivery and right of withdrawal
4.1 The delivery times stated by W-LOGIC BV are only indicative. Exceeding any delivery term does not entitle you to compensation, nor the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery term is such that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary.
4.2 Delivery of the products takes place at the place and time at which the products are ready for shipment to you.
4.3 You can reverse your purchase decision up to 14 days after purchase. A physical product can then be returned free of charge to W-LOGIC BV. W-LOGIC BV returns the purchase amount after receipt of the physical product at W-LOGIC BV within 14 days. The product must be undamaged, both the product and the packaging, upon return.
We supply software under the EU exception rule: online sales of digital content. Therefor software purchases are irrevocable.
Article 5: Retention of title
5.1 The ownership of the delivered products is transferred once you have paid the invoice amount in full to W-LOGIC BV under any agreement. The risk with regard to the products is already transferred to you at the time of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by W-LOGIC BV.
6.2 W-LOGIC BV does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 You have the obligation to examine whether the products comply with the agreement upon delivery. If this is not the case, you must inform W-LOGIC BV as soon as possible and in any case within seven (7) working days after delivery, at least after observation was reasonably possible, in writing / email and with reasons.
7.2 If it is shown that the products do not comply with the agreement, W-LOGIC BV has the choice to replace the relevant products with new products against their return or to refund the invoice value thereof.
7.3 If you do not wish to purchase a product for whatever reason, you as a private individual have the right to return the product to W-LOGIC BV within seven (8) working days after delivery. Return shipments are only accepted in this case if the packaging of the product is undamaged, whereby the costs for return shipments are also for your account. This does not apply to software products.
Article 8. Warranty
8.1 If W-LOGIC BV delivers products to the customer, W-LOGIC BV is never obliged to provide a more extensive guarantee vis-à-vis the customer than that which W-LOGIC BV can claim against its supplier.
Complaints due to visible defects must be submitted in writing by the client in accordance with the contract conditions, but at the latest within 7 (seven) days after receipt of the goods. A term of 30 (thirty) days applies to Consumers. Complaints that are received by the W-LOGIC BV after the expiry of this term do not have to be processed by W-LOGIC BV.
Article 9. Orders/communication
9.1 For misunderstanding, mutilations, delays or improper delivery of orders and communications as a result of the use of the Internet or any other means of communication in the traffic between you and W-LOGIC BV, or between W-LOGIC BV and third parties, insofar as it relates to the relationship between you and W-LOGIC BV, W-LOGIC BV is not liable, unless and insofar as there is intent or gross negligence on the part of W-LOGIC BV.
Article 10. Force majeure
10.1 Without prejudice to its other rights, W-LOGIC BV has the right in case of force majeure, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, such by notifying you in writing and such. without W-LOGIC BV being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
10.2 Force majeure is understood to mean any shortcoming that cannot be attributed to W-LOGIC BV, because it is not due to its fault and is not for its account under the law, legal act or generally accepted views.
Article 11. Miscellaneous
11.1 If you provide W-LOGIC BV with an address in writing, W-LOGIC BV is entitled to send all orders to that address, unless you provide W-LOGIC BV in writing with another address to which your orders should be sent.
11.2 If, for a short or longer period of time, W-LOGIC BV allows deviations from these Terms and Conditions, whether or not tacitly, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any right based on the fact that W-LOGIC BV applies these Conditions flexibly.
11.3 If one or more of the provisions of these Terms and Conditions or any other agreement with W-LOGIC BV are in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible comparable provision to be determined by W-LOGIC BV.
11.4 W-LOGIC BV is authorized to use third parties for the execution of your order(s).
Article 12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.
12.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.