Terms of service
Article 1 - definitions
In these general terms and conditions is understood:
- Entrepreneur:the natural or legal person who offers products and/or services to consumers at a distance;
- Consumer:the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur;
- Distance contract:an agreement in which, in the context of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
- Technique for distance communication:means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room;
- Reflection period:the period within which the consumer can make use of his right of withdrawal;
- Right of withdrawal:the option for the consumer to cancel the distance contract within the cooling-off period;
- Day:calendar day;
- Duration transaction:a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Article 2 - applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumerIf this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrierIf this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .
- The general terms and conditions for companies apply to purchases that are made stating the company name, whether or not in combination with the addition of a VAT or Chamber of Commerce numberThe right of withdrawal does not apply to purchases made by a natural person acting in the exercise of a profession or business, who enters into an agreement with Selected Wallpapers or who has registered as such on the website.
Article 3 - the offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offeredThe description is sufficiently detailed to allow a proper assessment of the offer by the consumerIf the entrepreneur uses images, these are a true representation of the products, services and/or digital content offeredObvious mistakes or errors in the offer are not binding on the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 4 - the agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment.If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract.If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
Article 5- shipping
- Delivery takes place after confirmation of receipt and after order processing. We strive to process the order as soon as possible and to deliver the ordered goods in the fastest possible way. If we cannot deliver according to the expected delivery time, we will inform you about this as soon as possible. No rights can be derived from the indicated delivery times.
- We reserve the right to deliver an order in parts. If your order cannot be delivered to an incorrectly specified address, after which your order is returned to us, we are forced to pass on the costs to you to be able to resend your order to you. The costs for this may vary and depend on the products ordered.
- Delivery outside the EU always takes place on the basis of DAP (delivery at place);
Import costs are the responsibility of the buyer. These are collected by the courier if applicable.
- If a shipment is not collected at a pick up point, or import costs are not paid in time and the package is returned to us, these costs will be passed on to the Consumer before the Delivery takes place again.
Article 6 - payment
- Insofar as not agreed later, the amounts owed by the consumer must be paid in advance.
- In the event of an agreement based on a quotation, the following applies as a general payment condition:
- When giving the order 35% of the agreed sum by bank payment, in the case of foreign orders 100%.
- Remaining amount by bank payment within 8 days after delivery.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
- The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
- If an order is canceled, the amount will be refunded within 10 days.
Article 7 - the price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices.This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
- Price increases within 2 months after the conclusion of the agreement are permitted if the purchase price changes.
- Price increases from 2 months after the conclusion of the agreement are permitted if the purchase price has changed and:
athey are the result of statutory regulations or provisions; or
bthe consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT and are based in EURO .
- The consumer can choose a different currency, the prices mentioned are displayed in the chosen currency and settled at the exchange rate applicable at that time.
- Discount codes cannot be exchanged for cashIn case of cancellation of an agreement paid with a discount code, the consumer is not entitled to cash return.
- Automatically applied discount is applied to eligible products, this discount is only valid during the open period and not valid in combinationother discounts.
- For the number of rolls/meters ordered after advice from our calculator; no rights can be derived from the outcomeThe calculator only gives advice based on the entered measurements.
- Consumers outside the EU pay import costs to the carrier. Seller is not a party to this transaction between Consumer and carrier.
Article 8 - revocation
- An EU consumer has a legal right to withdraw from the purchase agreement within a period of 14 days. ATTENTION, if the consumer does not buy as a consumer, but as a Business (in accordance with 'Applicability of Article 4'), this right will lapse.
- Consumers outside the EU can't cancel their order.
- Only complete orders can be returned. One or more rolls from an order can not be returned due to color batches.
- In order to exercise the right of withdrawal, the consumer must inform the entrepreneur by e-mail of the decision to withdraw from the contract.The consumer can electronically complete and send the model withdrawal form or another clearly formulated statement.
- Before the consumer returns a shipment, this must always be reported first before the consumer proceeds to returnThe consumer reports this by email and waits for a confirmation from the entrepreneurIf the consumer wishes to make use of this option, the entrepreneur will send a confirmation of receipt of the withdrawal.
- After the expiry of the statutory withdrawal period/cooling off period, the entrepreneur can unfortunately no longer process the withdrawal.
- During the cooling-off period, the consumer will handle the product and packaging with careHe will only unpack or use the product in such a way as is necessary to determine the nature, characteristics and functioning of the product.The consumer may handle and inspect the product as he would be allowed to do in a store.
- Shipping costs are not subject to cancellation, these costs will never be refunded.
Article 9 - consequences of withdrawal
- If the consumer withdraws from the agreement, the consumer will receive the payment made up to that point for the products back.
- The entrepreneur will refund if the entrepreneur has received the goods from an order in full and undamaged.
- The consumer must return the goods to the entrepreneur within 7 days after the day on which the consumer decides to withdraw from the agreement.
- In the event of a defective or damaged item, the consumer must first send the entrepreneur one or more photos by email so that the entrepreneur can assess this.
- When revoking the purchase agreement, the costs of return are for the account of the consumer. The consumer must return the product in the following way:
The product must be properly packaged and in the original packaging.
The product must be packaged as it was received.
Only in this way can the products be sent properly.
The product must of course be undamaged and unusedIf the entrepreneur finds that a product is damaged or used, the entrepreneur will not process the return/withdrawal,
The consumer provides proof of return, the return shipping process is at the risk of the consumer.
Article 10 - exclusions of withdrawal
The right of withdrawal does not apply to the following agreements:
- that have been established by the entrepreneur in accordance with the consumer's specifications;
- contracts for the supply of goods manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific personAll these items are made specifically for the customer and are therefore completely excluded from the right of withdrawalThis includes all products from “de Gournay”, “Iksel”, “Isidore Leroy”, “ Daisy James ”, “Inkiostro Bianco”, “Coordonne”, “Kelly Wearstler”, “Les Dominotiers”, “London Art”, “Muance”, “Glamora”, “Presence”, “Phillip Jeffries”, “INSTABILELAB”, “Mind the Gap”, “Studio Ditte”, “Wall & Deco” and all other custom made wallpaper .
- which by their nature cannot be returned;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- wallpaper that is ordered in panels or set , this is specially manufactured for you.
- wallpaper that is ordered per meter/m1 , this is cut to size especially for you.
- wallpaper that is made to order.
- custom wallpaper per m2
- wallpaper bought on sale
- fabric, sold per meter (m1)
- for goods that do not fall within the standard range of the entrepreneur, therefore are ordered according to the consumer's specifications;
- for samples and visualization, this is a service and therefore cannot be returned;
- for advisory services, which have already been performed;
- services, if we apply the wallpaper to youThis agreement is with the express prior consent of the consumer.
If you are not sure whether or not your product can be returned, please contact us before ordering.
Article 11 - Conformity & Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations
- An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and/or or the distance contract.
- The images of our products on the Internet may not exactly reflect the quality, size or color as the originalWith natural materials, slight variations in texture and color may occurThis is normal and therefore not covered by warrantyThe consumer must check the product for the above deviations before use.
- The entrepreneur is never liable and offers no guarantee whatsoever for damage caused by processing and/or actions by third parties to the delivered product.
- Research before processing the wallpaper is the responsibility of the consumer. No claim can be made under warranty after the wallpaper has been processed with defects as a result of, for example, a damaged delivery or damage that emerged when the product was inspected.
Article 12 - complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receiptIf a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
Article 14 - dispute settlement
- All agreements to which these terms and conditions apply are subject to Dutch law.
- Disputes between the consumer and the entrepreneur about the conclusion or the implementation of agreements can be brought before the Disputes Committee Wonen, Bordewijklaan 46, PO Box 90600, 2509 LP The Hague, by both the consumer and the entrepreneur.How this works can be read at www.cbw-erkend.nlA complaint can be submitted electronically via www.degeschillencommissie.nl.
- A dispute will only be handled if the consumer has first reported his complaint to the entrepreneur.
- If the consumer reports a dispute to the Disputes Committee, the entrepreneur is bound by this choiceIf the entrepreneur wants to bring a dispute before the Disputes Committee, he must ask the consumer to let us know within 5 weeks whether he agrees to this.In addition, the entrepreneur announces that he can bring the dispute before the court after the expiry of these 5 weeks.
- The Disputes Committee makes a decision based on its regulationsThe decisions of the Disputes Committee are bindingThe dispute can also be resolved through the mediation of a mediation expertThe regulations will be sent to you on request by the Disputes Committee and can be consulted at www.degeschillencommissie.nl (search term 'regulations for the housing disputes committee').A fee is payable for the handling of a dispute.
- Only the court or the above-mentioned Disputes Committee is authorized to take cognizance of disputesThis may also be done via the European Online Dispute Resolution Platform (http://ec.europa.eu/odr), which will refer you to the Disputes Committee.
- Consumers living outside the Netherlands shall ensure themselves, and at their own expense, that the defective product can be assessed by an expert at the Disputes Committee.If this is not possible, an expert report drawn up by an expert from a disputes committee recognized by the consumer's home country, translated into Dutch or English by a recognized interpreter/translator, will suffice.