General Terms and Conditions – WPC Solutions
General Terms and Conditions – WPC Solutions
Version: January 15, 2025
Article 1 – Definitions
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1.1 WPC Solutions: Part of In&Outdoor Solutions BV, with registered office in Almere and registered with the Chamber of Commerce under number 94170819.
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1.2 Customer: Any natural person or legal entity that enters into or wishes to enter into an agreement with WPC Solutions.
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1.3 Consumer: The customer, being a natural person, who is not acting in the exercise of a profession or business.
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1.4 Business customer: The customer who acts in the exercise of a profession or business.
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1.5 Agreement: Any agreement between WPC Solutions and the customer regarding the purchase and delivery of products or services.
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1.6 Products: All items offered or delivered by WPC Solutions, including but not limited to composite fences, garden posts, garden doors, facade cladding, acoustic panels and mounting materials.
Article 2 – Applicability
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2.1 These general terms and conditions apply to all offers, quotations, agreements and deliveries of WPC Solutions.
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2.2 Deviations from these conditions are only binding if agreed in writing.
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2.3 The applicability of the customer's general terms and conditions is expressly rejected, unless otherwise agreed in writing.
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2.4 If any provision of these terms and conditions is found to be void or is annulled, the remaining provisions will remain in full force.
Article 3 – Offer and conclusion of agreement
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3.1 All offers and quotations from WPC Solutions are without obligation, unless expressly stated otherwise.
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3.2 Prices, product information and images have been compiled with care, but obvious mistakes or errors do not bind WPC Solutions.
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3.3 The agreement is concluded as soon as the customer accepts the offer and WPC Solutions confirms this acceptance in writing.
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3.4 WPC Solutions reserves the right to refuse an order without giving reasons.
Article 4 – Prices and payment
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4.1 All prices are in euros. For consumers prices are inclusive of VAT, for business customers exclusive of VAT, unless stated otherwise.
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4.2 Any additional costs, such as shipping or installation costs, will be clearly stated.
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4.3 Payment must be made via the payment methods offered on the website or via an agreed invoice.
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4.4 If payment is not received on time, the customer is legally in default without further notice of default. WPC Solutions is then entitled to charge statutory (commercial) interest and collection costs.
Article 5 – Delivery and transfer of ownership
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5.1 Delivery will take place at the delivery address specified by the customer.
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5.2 Delivery times stated are indicative and do not entitle you to compensation or cancellation if they are exceeded.
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5.3 The risk of loss or damage is transferred at the time of delivery. For business customers this applies from the moment of transfer to the carrier.
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5.4 WPC Solutions retains ownership of the delivered products until full payment has been received.
Article 6 – Right of withdrawal for consumers
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6.1 The consumer has the right to dissolve the agreement within 14 days after receipt of the product without giving any reason.
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6.2 During the cooling-off period, the consumer will handle the product and its packaging with care.
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6.3 The costs of returning are for the account of the consumer. If the product is damaged or shows signs of use, depreciation may be charged.
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6.4 Products that are specially made to measure or are clearly personal in nature are excluded from the right of withdrawal.
Article 7 – Complaints and warranty
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7.1 WPC Solutions guarantees that the delivered products comply with the agreement and the reasonable requirements of soundness.
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7.2 Any complaints about defects must be reported in writing within 7 calendar days of receipt.
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7.3 The statutory warranty applies to consumers. For business customers, only the manufacturer's warranty applies, unless otherwise agreed in writing.
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7.4 If a complaint is justified, WPC Solutions will ensure free repair, replacement or refund.
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7.5 The warranty does not apply in the event of incorrect use, careless installation or modifications to the product by third parties.
Article 8 – Liability
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8.1 The liability of WPC Solutions is limited to direct damage and to a maximum of the amount of the relevant invoice.
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8.2 WPC Solutions is not liable for indirect damage such as consequential damage, loss of profit or business damage, unless there is intent or gross negligence.
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8.3 The customer is responsible for the suitability of the products for the intended use.
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8.4 The customer indemnifies WPC Solutions against claims from third parties related to the use of the delivered products.
Article 9 – Force Majeure
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9.1 WPC Solutions is not obliged to fulfil obligations if it is prevented from doing so by force majeure.
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9.2 Force majeure is understood to include: natural disasters, war, government measures, pandemics, strikes, disruptions in transport or delivery of raw materials, and other unforeseen circumstances.
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9.3 In the event of force majeure, WPC Solutions has the right to suspend delivery or to terminate the agreement in whole or in part without being liable for damages.
Article 10 – Applicable law and competent court
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10.1 All agreements between WPC Solutions and the customer are exclusively governed by Dutch law.
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10.2 Disputes with consumers will be submitted to the competent court of the district where the consumer resides.
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10.3 Disputes with business customers will be submitted exclusively to the competent court in the district where WPC Solutions is established.
Article 11 – Final provisions
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11.1 WPC Solutions reserves the right to change these terms and conditions. The most recent version always applies to new agreements.
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11.2 Parties may only deviate from these conditions in writing.
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11.3 If these terms and conditions are translated into another language, the Dutch text shall prevail.