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Last modified date: September 21, 2021

Article. 1 Introduction

These Terms and Conditions (“These Terms” or “Agreement”) govern your use of our website Wazando (“Platform”), where we provide various products for sale at convenient prices.

These Terms are a legal agreement between you (referred to herein as “you”, “your”, or “User”) and Wazando concept of Commercens B.V., a company incorporated and registered at Keizersgracht 520H, 1017EK, Amsterdam the Netherlands, with company number 82920192 (“Company”, “us”, “we” or “our”). You and the Company are referred to herein each as a “Party” and together as the “Parties”.

The Company is the sole owner of the Platform. The Company manages the Platform legally. 

The Platform is provided to Users ––physical persons above the age of eighteen (18) years.

If you are a person under eighteen (18), please, do not enter this Agreement. We do not bear any liability concerning the consequences if you enter this Agreement with us or use the Platform.

Local laws in your respective jurisdiction may require that you are of a certain age that is more than eighteen (18) years to enter certain legally binding arrangements such as the terms of this Agreement.

You agree to comply with all applicable laws for visiting, accessing, registering with, and using the Platform, and you may only use the Platform for lawful purposes.

The terms of this Agreement include the “Privacy Policy” set out at [https://www.wazando.com/privacy-policy/] which is incorporated herein by reference. By accepting this Agreement you also agree to be bound by these Terms and Conditions.

In the event that you do not agree to the Terms and/or disagrees to comply with the Terms, please do not use our Platform.

The Company has the right at any time to refuse any User to register at and/or use the Platform in case he/she violated the Terms.

Article 2. Definitions

 

In this Agreement, the following definitions apply:

1. Cooling – off period: the time when you may use your right of withdrawal;
2. Right of withdrawal: your right to refrain from the Supplementary contract within the cooling – off period;
3. Supplementary agreement: an agreement whereby you acquire products by concluding a Supplementary agreement, and these goods are provided by us or by a third party on the basis of an agreement between you and a third party or us;

Article 3. Account and Password

To use the Platform, we require the User to register an online account (hereinafter “the Account”) with us. For this purpose, the User must provide accurate and up-to-date information. The information must be promptly updated, current, and complete.

 

The User is solely responsible for maintaining the confidentiality of the information he/she holds for his/her account, including a password, and for any and all activity that occurs under the account as a result of the User’s failure to keep this information secure and confidential. The User must notify us immediately of any unauthorized access or use of his/her account or password, or any other breach of security.

We reserve the right to disable the User’s account at any time, including if he/she has failed to comply with any of the provisions of the Agreement, or if activities occur on his/her account which, in our sole discretion, would or might cause damage to or impair the Platform or infringe, or violate any third-party rights, or violate any applicable laws or regulations.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our services to anyone for any reason at our discretion.

Article 4. Services and Products

We provide our services and products only for Users who have registered on our Platform. The users who have purchased a membership with us can enjoy shopping for the goods placed on our Platform at more convenient prices.

                We do not guarantee the availability of the Platform and goods and/or the provision of the Platform and goods 24 hours a day due to technical issues.

Article 5. Membership and Fees

To use our Platform, you shall purchase a membership with us (“Membership”). If the User decides to purchase a Membership with us, the user agrees to pay for this Membership Fee (“Membership Fee”) that you can see on the website. You understand and acknowledge that the fees will be charged on a monthly basis until you terminate the Membership.

If you no longer want to be part of the Membership you can cancel it by contacting us. Please note that your membership will be canceled for the following month in case you have submitted your cancelation request within 14 days from the last payment for the Membership. In case you fail to submit the cancelation request within 14 days, you will be charged by us for a standard monthly membership fee and your membership will be cancelled at the end of the paid month.

We may change our Membership Fees from time to time by posting the changes on the Platform 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

Article 6. The Offer and its Price

The offers placed on our Platform are non – binding and non – committal. We are entitled to modify and amend the offer at any time. If an offer has a limited period of validity or is made subject to conditions, we will expressly state this in the offer. Obvious mistakes or manifest errors in the offer shall not cause any our responsibility unless they crucially change the sense of a description and/or create a wrong impression of the product.

All images, specifications, and data contained in the offer are indicative and shall by no means form the grounds for indemnity, compensation of alleged damages, or a dissolution of the Supplementary agreement.

The prices mentioned in the offer of products include VAT. During the validity period mentioned in the offer, the prices of the offered products shall not be increased, excluding price changes due to changes in VAT rates.

We may offer products with variable prices if the prices are subject to fluctuations in the financial markets and on which we have no influence. These fluctuations and the fact that any prices mentioned are indicative prices, shall be indicated in the offer.

 

Article 7. Payment and Purchase Conditions

To the extent not otherwise specified in the Agreement, the amounts owed by you must be paid for the products in advance. As soon as we confirm the payment, we will start the process of delivery.

You have a duty to report inaccuracies in the payment details provided or stated without delay to us. You shall use only those payment methods on our Platform that are authorized by us.

When buying an item on our Platform, you agree that:

1. you are responsible for reading the full item description before making a bid or committing to buy;
2. you enter into a legally binding contract – Supplementary agreement, to purchase an item when you commit to buy an item.

Article 8. Delivery and execution

We will observe the utmost care when accepting orders for products and the delivery thereof. The place of delivery is the address that you have made known to us.

We will execute accepted orders expeditiously but at the latest within 30 days unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or is only partially executed, you shall receive a notice of delay no later than 30 days after he has placed the order. In that case, you have the right to terminate the Supplementary agreement at no cost and are entitled to a refund. After termination in accordance with the preceding paragraph, we will reimburse the amount paid by you without delay.

The risk of damage and/or loss of products rests with us until the moment of delivery to you or a pre-designated representative and announced to us unless expressly agreed otherwise.

You can find more information about shipping in our Shipping policy at [https://www.wazando.com/shipping-policy/].

Article 9. Cooling – off period

You may dissolve a Supplementary agreement regarding the purchase of a product during a cooling – off period of at least 14 days without giving any reason, though we may ask you about such a reason.

The cooling-off period shall commence entering the day after you, or a third party designated by you – who is not the carrier – has received the product, or:

1. If you have ordered several products in the same order: the day on which you, or a third party designated by him, received the last product. We may refuse to sell and deliver multiple products with a different delivery time. In this case, we will inform you hereof prior to making the order.
2. If the delivery of a product consists of several consignments or parts: the day on which you, or a third party designated by him, received the last consignment or the last part.

During the cooling-off period, you shall handle the product and the packaging carefully. It shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point is that you can only handle and inspect the product as he would do in a shop.

You shall return the product, with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by us. If the product and/or its package are damaged more than permitted above, we will not refund the cost of such product to you.

                 If you want to withdraw you should reports this by contacting us support@wazando.com.

You shall return the product to us within 14 days from the day following the notification referred to above. You have complied with the return period if you sent the product back before the cooling-off period has expired. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with you.

                We will send a confirmation of the receipt of your withdrawal notification without delay. We will reimburse all your payments, including any delivery costs charged by us for the returned product within 14 days following the day on which you notify us of the withdrawal. We will use the same means of payment used for the reimbursement that you have used for your payment unless you agree to another method. The reimbursement is free of charge for you. If you have opted for a more expensive method of delivery than the cheapest standard delivery, we will not repay the additional costs for the more expensive method.

                We can exclude the following products from the right of withdrawal:

1. products that spoil quickly or have a limited shelf-life;
2. sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose sealing has been broken after delivery.

You bear the direct costs of returning the product if at the conclusion of the Supplementary agreement we indicate that we will not bear the costs of return.

If you make use of his right of withdrawal, the  Supplementary agreement is automatically dissolved.

You can find more information about return and refund in our Refund and Return policy at [https://wazando.com/refund-policy/].

Article 10. Termination of the Supplementary Agreement

You may terminate a Supplementary agreement at any time before you made a payment by sending a notice to you.

You may terminate a Supplementary agreement after the payment if:

1. you have received a defective product or a product that does not comply with its description or images;
2. you have received a product with a delay, and we failed to notify you about late delivery;
3. you have not received a product for which he has paid.

You have a right to a refund if any of the above-mentioned circumstances take place.

If you have received a defective product or a product that does not comply with its description or images, you can send us a complaint with a clear description of the complaint within a reasonable time after you have found out about such circumstances.

We will send you feedback for the sent complaint within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, we will reply within the period of 14 days with a message of receipt and an indication when you can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months of the submission of the complaint, a dispute which is susceptible to dispute settlement arises.

Article 11. Prohibited activities

In connection with using or accessing our Platform you agree to comply with this Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

1. breach or circumvent any laws, regulations, third-party rights or our systems, Platform, policies, or determinations of your account status;
2. use our Platform if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Platform, or are a person with whom transactions are prohibited under economic or trade sanctions;
3. fail to pay for items purchased by you, unless you have a valid reason;
4. take any action that may undermine the feedback or rating systems;
5. transfer your Account to another party without our consent;
6. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
7. distribute viruses or any other technologies that may harm the Platform or the interests or property of users;
8. use any robot, spider, scraper, data mining tools, data gathering, and extraction tools, or other automated means to access our Platform for any purpose, except with the prior express permission of the Company;
9. interfere with the functioning of our Platform, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
10. export or re-export any our tools, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
11. infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to the Company. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to us or someone else;
12. infringe any Intellectual Property Rights that belong to third parties affected by your use of our Platform or post content that does not belong to you;
13. commercialize any information or software associated with our Platform, except with the prior express permission of the Company;
14. harvest or otherwise collect information about users without their consent; or
15. circumvent any technical measures used to provide our Platform;
16. copy or modify the software that ensures the operation of the Platform and the provision of the services by the Company;
17. create programs for smartphones derived from the software that provides the operation of the Platform and the provision of the services by the Company;
18. penetrate software that provides the operation of the Platform and the provision of the services by the Company in order to obtain the source code of such software;
19. sell, assign, provide for usage, or transfer to third parties in any other form of rights in relation to software that provides the operation of the Platform and the provision of the services by the Company;
20. modify the software that provides the operation of the Platform and the provision of the services by the Company, including for the purpose of obtaining unauthorised access to them;
21. other actions similar to those listed above that violate or may violate the rights of the Company and third parties.

If we believe you are abusing the Platform and/or the Company in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Platform, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote promotion of your goods, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Platform.

Article 12. Privacy

We respect our users’ privacy, so we do not sell the private data of our users to third parties, except if the Company is sold, merged, bought by the third party, to whom your data is transferred. On these occasions, we will notify our users of any change in ownership. For other details of our attitude towards the privacy of our users, please refer to our Privacy Policy [https://www.wazando.com/privacy-policy/].

Article 13.  Property Rights

You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.

All software made available on our Platform is copyrighted work of ours or our software providers and is protected by international copyright and other intellectual property laws.

Wazando and other our marks, logos, designs, and phrases that we use in connection with our Platform are trademarks, service marks, or trade dress of the Company worldwide. They may not be used without the express written prior permission of the Company.

 

Article 14. Links to Third-Party Sites

Our Platform may contain links to third-party websites that we provide only as a convenience to the User. The User should take precautions to ensure that whatever links the User accesses are free of viruses, worms, trojan horses, or other destructive mechanisms. The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.

 

Article 15. Disclaimer and Release

 

General Disclaimer

User’s visit, access, registration with, or use of our Platform in any way is done at his/her own risk. The Platform, the success or performance of the Platform and all information, communications, content, features, products, and services offered, sold, and/or licensed on or through the Platform are provided to the User on an “as is,” “where is,” “as available,” and “with all faults” basis.

The Company does not make, nor has Company made, any representations or warranties of any kind or nature (whether direct or indirect, oral, or written or express or implied) to him/her with respect to the Platform, the success, performance, functionality, reliability, or safety of the Platform or any such information, communications, content, features, products, or services.

 The Company expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith, and fair dealing, title, non-infringement, quality, accuracy, reliability, and performance), and warranties arising from conduct, course of dealing, custom, and usage in trade with respect to the Platform, the success, performance, functionality, reliability or safety of the Platform and any such information, communications, content, features, products, and services.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE PLATFORM AND/OR THE INFORMATION OR CONTENT POSTED ON THE PLATFORM, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer About Products and Services

All descriptions, images, references, features, content, specifications, products, and prices of any products or services offered by the Company on or through our Platform may be subject to change at any time and without notice to the User. The inclusion of any services through our Platform does not imply or warrant that they will be available.

The Company disclaims any liability for injury, damage, or other consequence caused by or otherwise related (directly or indirectly) to any action or inaction the User takes based on the search and booking on our Platform.

It is the User’s responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product or service ordered or purchased through our Platform.

The Company reserves the right, with or without prior notice to the User, to do any one or more of the following:

1. limit the available quantity of or discontinue any such service;
2. ban the User from making or completing any transactions through our Platform;
3. refuse to provide the User with any such service.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES, SO SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO THE USER. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THESE TERMS OR THE USER’S RIGHT TO USE THE PLATFORM.

Article 16. Limitation of Liability

In no event shall Company or any of Company`s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) the User or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with: User’s access, inability to access, registration with, inability to register with, use or inability to use our Platform; the unauthorized access to or alteration of User’s information; any statements, content or conduct of any third party on, through or in relation to our Platform or made or provided during the course of User’s visit, access, registration with or use of our Platform; any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of User’s personal information or damage to User’s Device(s), software, operating system(s), file(s), carrier(s), network(s); any transmission, download or infection of any software, system, program, file, process, device or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of User’s personal information or damage to User’s Device(s), software, operating system(s), file(s), carrier(s), network(s); the fact that the User has relied on any information or content found on, through or in relation our Platform or made or provided during the course of User’s visit, access, registration with or use of our Platform; any acts, errors or omissions of any third-party providers, if any; any products or services offered or sold by Company on or through our Platform.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO THE USER.

IN SUCH JURISDICTIONS THE COMPANY LIABILITY SHALL BE LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE COMPANY UP TO THE PRICE THE ITEM IS SOLD FOR ON THE PLATFORM (INCLUDING ANY APPLICABLE VAT TAX OR ANY SIMILAR TAX) AND ITS ORIGINAL SHOPPING COSTS, (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (C) 100 EURO.

THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR THE USER’S RIGHT TO USE THE PLATFORM.

 

Article 17. Miscellaneous

 

We may amend the Agreement at any time at our discretion. If the Agreement is amended, we will publish the revised terms and conditions on our Platform and the User will be deemed to have accepted any amendments if the User continues using our Platform after the amendments are displayed. If the User does not accept all of the Agreement then the User’s only recourse is to immediately terminate use of our Platform.

 

 

Article 18. Indemnification

The User agrees to indemnify us from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by the User or third parties as a result of:

1. User’s breach of this Agreement;
2. User’s violation of any law or rights of any third party;
3. User’s use of our Platform.

Article 19. Termination and Survival

The Agreement shall continue and remain in effect until it is terminated in accordance with the terms and conditions of the Agreement. The Company may terminate the Agreement at any time, for any or no reason, and without notice to the User (including, without limitation, if the Company believes that the User has violated or acted inconsistently with any term or condition of the Agreement).

The User may terminate the Agreement at any time and for any or no reason by deleting cancelling his/her account at the Platform. If the Agreement is terminated for any reason, then all rights granted to the User under the Agreement shall automatically revert back to Company, and the following shall survive in perpetuity: all defined terms under the Agreement; all rights and privileges under the Agreement which were granted to and/or accrued in favor of Company and/or any of Company`s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of the Agreement termination; all payments which accrued as of the date of termination; all disclaimers, limitations of liability and limitations of remedies; all representations, warranties, covenants, certifications, releases, indemnifications and promises made by the User under the Agreement.

Article 20. Entire Agreement and Severability Clause

These Terms contain the entire agreement between the parties in relation to its subject matter. If at any time any part of these Terms (including any one or more of the clauses of these Terms or any sub-clause or paragraph or any part of one or more of these clauses) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms and the validity and/or enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired as a result of that omission.

 

Article 21. Applicable Law, Dispute Resolution, and Jurisdiction

 

Legal relations between us and you, including Supplementary contracts, and the relationships between the Users and the Company shall be governed exclusively by Dutch law.

Legal proceedings in connection with this agreement shall exclusively be brought before the competent court in the Netherlands.

 

Article 22. Language

English version of the Agreement stated herein is the only legally binding version. Translations have been provided purely for the User’s convenience. In the event of any discrepancy between a translation and the English master of the Terms stated herein, the English master shall prevail.

Article 23. Contact Us

The Company may provide notifications to you via email notice, or through posting of such notice on the Platform, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to users, provided that the User may opt out of certain means of notification as described in these Terms.

The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Please direct any questions you may have about our Platform or these Terms to any one of the following:

By e-mail: support@wazando.com