Terms and Conditions

General Terms and Conditions – Walloha

This page was last updated on: April 18, 2020

Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or different provisions
Article 19 – Digital gift voucher conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Supplementary agreement: an agreement whereby the consumer products, digital content
    and/or services in connection with a distance contract and these goods, digital content
    and/or services are provided by the entrepreneur or by a third party on the basis of a
    agreement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his
    trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services
    and/or digital content for a specified period of time;
  7. Durable data carrier: any tool – including e-mail – that the consumer
    or enables the entrepreneur to store information that is personally addressed to him on a
    way that future reference or use over a period appropriate to the purpose
    for which the information is intended, and that unaltered reproduction of the stored information
    makes possible;
  8. Right of withdrawal: the consumer's option to waive the right of withdrawal within the cooling-off period
    distance contract;
  9. Entrepreneur: the natural or legal person who purchases products, (access to) digital content and/or
    provides remote services to consumers;
  10. Distance contract: an agreement between the entrepreneur and the consumer
    concluded within the framework of an organized system of distance selling of products,
    digital content and/or services, whereby up to and including the conclusion of the agreement, exclusively or
    one or more techniques for distance communication are also used;
  11. Model withdrawal form: the European included in Appendix I of these terms and conditions
    model withdrawal form. Annex I need not be made available if the
    consumer has no right of withdrawal with regard to his order;
  12. Distance communication technique: means that can be used for closing
    an agreement, without the consumer and entrepreneur having to be in the same room at the same time
    have come together.

Article 2 – Identity of the entrepreneur

Walloha – part of Mes Media
Station square 99-252
1703 WE Heerhugowaard
The Netherlands

Email: info@walloha.com
Account number: NL95 KNAB 0254 8713 21
Chamber of Commerce number: 65022696
VAT identification number: NL012890704B01

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every
    distance contract concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions
    conditions made available to the consumer. If this is not reasonably possible, the
    before the distance contract is concluded, the entrepreneur must indicate how the
    general terms and conditions can be viewed at the entrepreneur and that they can be consulted at the request of the consumer
    be sent free of charge as soon as possible.
  3. 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
    be made available to the consumer electronically in such a way that
    it can be easily stored by the consumer in a sustainable manner
    data carrier. If this is not reasonably possible, before the distance contract
    is closed, it will be indicated where of the general terms and conditions electronically
    can be consulted and that, at the request of the consumer, they are sent electronically or by email
    otherwise will be sent free of charge.
  4. In the event that, in addition to these general terms and conditions, specific product or
    terms of service apply, the second and third paragraphs of corresponding
    apply and the consumer can always invoke
    the applicable provision that is most favorable to him.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be
    expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products offered,
    digital content and/or services. The description is sufficiently detailed to provide a good
    allow the consumer to assess the offer. If the entrepreneur uses
    uses images, these are a true representation of the offered
    products, services and/or digital content. Obvious mistakes or obvious errors in the
    offer does not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and
    obligations associated with the acceptance of the offer.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of
    acceptance by the consumer of the offer and compliance with the
    conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur confirms
    immediately electronically the receipt of the acceptance of the offer. As long as the
    receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can
    terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
    organizational measures to secure the electronic transfer of data and ensures
    for a secure web environment. If the consumer can pay electronically, the entrepreneur will
    take appropriate safety precautions.
  4. Within legal frameworks, the entrepreneur can inform himself whether the consumer is
    can meet payment obligations, as well as all those facts and factors that are important to
    a responsible conclusion of the distance contract. If the entrepreneur on the basis of this
    investigation has good reasons not to enter into the agreement, he is entitled
    motivated to refuse an order or request or to attach special conditions to the execution
    to connect.
  5. At the latest upon delivery of the product, service or digital content, the entrepreneur will
    consumer the following information, in writing or in such a way that it is
    can be stored in an accessible way on a durable data carrier, send:
    a. the e-mail address of the entrepreneur where the consumer can go with complaints;
    b. the conditions under which and the way in which the consumer of the right of withdrawal
    may use, or a clear statement regarding the exclusion of the
    right of withdrawal;
    c. the information about guarantees and existing after-sales service;
    d. the price including all taxes of the product, service or digital content; to the extent that
    applicable delivery costs; and the method of payment, delivery or execution of
    the distance contract;
    e. the requirements for termination of the agreement if the agreement has a duration of
    is more than one year or of indefinite duration;
    f. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of an expensive transaction, the provision in the previous paragraph only applies to the first
    delivery.

Article 6 – Right of withdrawal

For products:

    1. The consumer can enter into an agreement with regard to the purchase of a product during
      a cooling-off period of at least 14 days without stating reasons. With the exception of products that are custom made, such as most wallpaper. The entrepreneur may
      ask the consumer about the reason for withdrawal, but not stating his reason(s)
      oblige.

The reflection period referred to in paragraph 1 commences on the day after the consumer, or
consumer-designated third party, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the
consumer, or a third party designated by him, has received the last product. The
The entrepreneur may, provided he clearly informs the consumer of this prior to the ordering process
wise about it, an order for several products with a different
refuse delivery time.
b. if the delivery of a product consists of several shipments or parts: the day
on which the consumer, or a third party designated by him, receives the last shipment or the last
part has received;
c. in the case of agreements for regular delivery of products during a certain period:
the day on which the consumer, or a third party designated by him, has the first product
receive.

For services and digital content that is not provided on a tangible medium:

  1. The consumer can sign a service agreement and an agreement for the supply of digital
    content that is not delivered on a material carrier for at least 14 days without notice
    terminate for reasons. The entrepreneur may ask the consumer for the reason for withdrawal,
    but not oblige him to state his reason(s).
  2. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
    Extended reflection period for products, services and digital content that is not on a tangible medium
    delivered when not informing about the right of withdrawal:
  3. If the entrepreneur provides the consumer with legally required information about the right of withdrawal or
    has not provided the model withdrawal form, the reflection period expires twelve months after
    the end of the original, determined in accordance with the previous paragraphs of this Article
    reflection time.
  4. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph
    provided within twelve months after the commencement date of the original cooling-off period,
    the cooling-off period 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

  1. During the cooling-off period, the consumer will handle the product and packaging with care. He
    will only unpack or use the product to the extent necessary to determine the nature, characteristics and
    determine the operation of the product. The basic premise here is that the consumer
    may only handle and inspect as he would be allowed to do in a shop.
  2. The consumer is only liable for the decrease in value of the product as a result of
    of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur
    does not provide him with all legally required information about the
    has provided a right of withdrawal.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he must report this within the cooling-off period
by means of the model withdrawal form or in another unambiguous way to the
entrepreneur.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1,
does the consumer return the product, or does he hand it over to (an authorized representative of) the
entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The
consumer has in any case observed the return period if he returns the product
before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible
in original condition and packaging, and in accordance with the reasonable and
clear instructions.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the
consumer.
5. The consumer bears the direct costs of returning the product. As the
the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur
indicates to bear the costs himself, the consumer does not have to bear the costs for return.
6. The consumer does not bear any costs for the full or partial delivery of
digital content supplied to a material medium, if:
a. he has not expressly consented to the commencement of . prior to its delivery;
the fulfillment of the agreement before the end of the cooling-off period;
b. he has not acknowledged to lose his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
7. If the consumer exercises his right of withdrawal, all additional
contracts terminated by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically
    he will immediately send a confirmation of receipt after receiving this notification.
  2. The entrepreneur reimburses all payments from the consumer, including any delivery costs
    charged by the entrepreneur for the returned product, immediately but within
    14 days following the day on which the consumer notifies him of the withdrawal. Unless the
    If the entrepreneur offers to collect the product himself, he may wait with repayment until he has received it
    has received the product or until the consumer proves that he has returned the product, to
    whichever time is earlier.
  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement,
    unless the consumer agrees to another method. The refund is free of charge for the
    consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest
    standard delivery, the entrepreneur does not have to pay the additional costs for the more expensive method
    to pay back.

Article 10 – Exclusion right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but
only if the entrepreneur makes this clear in the offer, at least in good time before the conclusion of the contract
agreement, stated:

  1. Products or services whose price is subject to fluctuations in the financial market
    over which the entrepreneur has no influence and which can be used within the withdrawal period
    occur;
  2. Agreements concluded during a public auction. Under a public auction
    means a sales method whereby products, digital content and/or services are
    entrepreneur are offered to the consumer who is personally present or the possibility
    will be personally present at the auction, under the direction of an auctioneer, and where the
    successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements, after full performance of the service, but only if:
    a. the execution has started with the express prior consent of the consumer; and
    b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has
    has fully performed the agreement;
  4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
  5. Service agreements for the provision of accommodation, as in the agreement
    a specific date or period of performance is provided and other than for residential purposes,
    freight transport, car rental services and catering;
  6. Agreements relating to leisure activities, if in the agreement a certain
    date or period of implementation thereof is provided;
  7. Products manufactured to consumer 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 person;
  8. Products that spoil quickly or have a limited shelf life;
  9. Sealed products that are not suitable for health protection or hygiene reasons
    to be returned and whose seal has been broken after delivery;
  10. Products that are irrevocably mixed with other products after delivery by their nature;
  11. Alcoholic drinks, the price of which has been agreed upon at the conclusion of the agreement,
    but whose delivery can only take place after 30 days, and whose actual value
    is dependent on fluctuations in the market over which the entrepreneur has no influence;
  12. Sealed audio, video recordings and computer software, the seal of which is
    delivery is broken;
  13. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
  14. The supply of digital content other than on a tangible medium, but only if:
    a. the execution has started with the express prior consent of the consumer; and
    b. the consumer has declared that he loses his right of withdrawal.

Article 11 – The price

  1. During the period of validity stated in the offer, the prices of the
    products and/or services not increased, except for price changes as a result of changes in
    VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices
    are bound by fluctuations in the financial market and over which the entrepreneur has no influence
    offers with variable prices. This dependence on fluctuations and the fact that
    any prices stated are target prices, are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only
    permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only
    permitted if the entrepreneur has stipulated this and:
    a. they are the result of statutory regulations or provisions; or
    b. the consumer has the authority to cancel the agreement with effect from the day
    which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 12 – Compliance with the agreement and extra guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the
    specifications stated in the offer, to 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. If agreed, the entrepreneur also guarantees that
    the product is suitable for use other than normal.
  2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer
    never limits the legal rights and claims that the consumer may have under the
    can enforce the agreement against the entrepreneur if the entrepreneur has failed
    in the performance of its part of the agreement.
  3. An extra guarantee is understood to mean any obligation of the entrepreneur, his supplier,
    importer or producer in which he grants to the consumer certain rights or claims which
    go beyond what it is legally obliged to do in the event that it has failed to fulfill its obligations
    of its part of the agreement.

Article 13 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving
    and in the execution of orders for products and in the assessment of applications for
    provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur
    created.
  3. With due observance of what is stated in article 4 of these general terms and conditions,
    orders accepted by the entrepreneur expeditiously but at the latest within 30 days
    unless a different delivery term has been agreed. If the delivery is delayed
    or if an order cannot or only partially be executed,
    the consumer will receive notification of this no later than 30 days after he has placed the order. The
    In that case, the consumer has the right to dissolve the agreement without costs and the right to
    any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the consumer has paid
    refund without delay.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the
    time of delivery to the consumer or a pre-designated and to the entrepreneur
    announced representative, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and extension

Cancellation:

    1. The consumer may enter into an agreement that has been entered into for an indefinite period and which extends to the
      regular delivery of products (including electricity) or services, at all times
      cancel with due observance of the agreed cancellation rules and a notice period
      of a maximum of one month.
    2. The consumer can enter into an agreement that has been entered into for a definite period and which extends to the
      regular delivery of products (including electricity) or services, at all times against
      terminate the end of the fixed term with due observance of the agreed upon conditions
      cancellation rules and a notice period of no more than one month.
    3. The consumer can conclude the agreements referred to in the previous paragraphs:
      – cancel at any time and are not limited to cancellation at a specific time or in a
      certain period;
      – at least cancel in the same way as they entered into by him;
      – always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

    1. An agreement that has been entered into for a definite period and which extends to the regular delivery of
      products (including electricity) or services, may not be tacitly renewed or
      renewed for a specified period of time.
    2. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which
      extends to the regular delivery of daily news and weekly newspapers and magazines tacitly
      be extended for a fixed period of up to three months, if the consumer
      can cancel the extended agreement by the end of the extension with a notice period
      of a maximum of one month.
    3. An agreement that has been entered into for a definite period and which extends to the regular delivery of
      products or services, may only be tacitly renewed for an indefinite period if the
      The consumer may cancel at any time with a notice period of no more than one month. The
      notice period is a maximum of three months if the agreement extends to the settled, but
      less than once a month, delivery of daily, news and weekly newspapers and magazines.
    4. An agreement with a limited duration for the regular delivery of daily,
      news and weekly newspapers and magazines (trial or introductory subscription) will not be
      tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may
    terminate the agreement at any time with a notice period of no more than one month, unless the
    reasonableness and fairness oppose cancellation before the end of the agreed term
    to postpone.

Article 15 – Payment

  1. Unless otherwise provided in the agreement or additional terms and conditions, the
    amounts owed to the consumer must be paid within 14 days after the commencement of the
    cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the
    agreement. In the event of an agreement to provide a service, this term shall
    on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may in general terms and conditions
    never be obliged to pay more than 50% in advance. When prepayment is
    stipulated, the consumer cannot assert any rights with regard to the execution of the
    relevant order or service(s), before the stipulated advance payment has been made
    occurred.
  3. The consumer has the obligation to immediately rectify inaccuracies in payment details provided or stated
    to report to the entrepreneur.
  4. If the consumer does not fulfill his payment obligation(s) in time, this will be
    the entrepreneur has been informed of the late payment and the entrepreneur gives the consumer a period of 14
    days to still meet its payment obligations, after failure to
    payment within this 14-day term, the statutory interest on the amount still due
    owed and the entrepreneur is entitled to the extrajudicial
    to charge collection costs. These collection costs amount to a maximum of: 15% over
    outstanding amounts up to € 2,500; 10% over the subsequent € 2,500 and 5% over the
    next € 5,000 with a minimum of € 40,=. The entrepreneur can, for the benefit of the
    consumer deviate from the stated amounts and percentages.

Article 16 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the
    complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted within a reasonable time after the
    consumer has found the defects, must be submitted fully and clearly described to
    the entrepreneur.
  3. Complaints submitted to the entrepreneur will be calculated within a period of 14 days from
    the date of receipt. If a complaint has a foreseeable longer processing time
    asks, the entrepreneur will answer within the period of 14 days with a message from
    receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer must give the entrepreneur at least 4 weeks to submit the complaint
    to be resolved by mutual agreement. After this period a dispute arises that is subject to the
    dispute settlement.

Article 17 – Disputes

  1. On agreements between the entrepreneur and the consumer to which these general terms and conditions
    related, only Dutch law applies.

Article 18 – Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of
belong to the consumer and must be recorded in writing or in such a way that this
can be stored by the consumer in an accessible manner in a sustainable
data carrier.

Article 19 – Digital gift voucher conditions

  1. Every digital gift voucher has a unique code. This is a number and/or text code. Each gift voucher is issued once by e-mail. If you have lost the gift voucher, you can request it again by emailing from the purchase email address to info@walloha.com
  2. To use a digital gift voucher, you must place the products you selected in the “shopping cart”. During the payment process, select the option “apply coupon” or “discount code” and enter the exact code.
  3. The digital gift voucher is valid for 3 years from the moment of purchase. After the expiry date, the gift voucher can no longer be used.
  4. Digital gift vouchers cannot be used for open orders.
  5. Digital gift vouchers or their residual value cannot be exchanged for cash.
  6. The right of withdrawal does not apply to digital gift vouchers. Digital gift vouchers cannot be returned.
  7. The residual value of the digital gift card can be used for subsequent orders. The residual value is not transferable and is only valid during the validity of the gift voucher.
  8. If the total amount of the order is higher than the value of the digital gift voucher(s) used, the difference must be paid with one of the other payment methods.
  9. Gift vouchers can be combined with a maximum of 1 discount code.