1. Scope
1.1 These general terms and conditions of sale (the “General Terms and Conditions of Sale”) apply to all sales of products (the “Products”) made on the website accessible at the address www.woosh.be (the “Website”), between Woosh BV, private limited liability company, with company number BE 0761.887.983, with registered office Wiedauwkaai 23B, 9000 Ghent, Belgium and any buyer/consumer who is at least 18 years old, legally authorized and resident or Belgian territory (the 'Customer').
1.2 Any order placed by the Customer on the Website implies acceptance of the prices and the General Conditions of Sale in accordance with the version in force at the time of conclusion of the contract.
1.3 Woosh reserves the right to change the General Terms and Conditions of Sale at any time. The General Conditions of Sale are available via a link accessible from any page of the Website.
1.4 For any question or complaint regarding the Website, the Products or the General Terms and Conditions of Sale, the Customer has the option to contact our customer service (the “Woosh Customer Service”):
- email: hello@woosh.be
- by post to the following address: Woosh BV, Wiedauwkaai 23B, 9000 Ghent, Belgium
2. Product features
2.1 Product features
2.1.1 The Products offered for sale are described in the product descriptions on the product pages accessible on the Website.
2.1.2 The photos of the Products published on the Website are indicative and do not contractually bind Woosh. The ordered Products may differ slightly from the images shown.
2.2 Promotional Codes
2.2.1 The Customer can take advantage of promotional offers to reduce the price of certain products. It is up to the Customer to enter the promotional code on the payment page. If the Customer forgets this, Woosh is not obliged to apply the discount afterwards.
2.2.2 Some Woosh promotional codes cannot be combined with others unless otherwise stated.
2.2.3 In the event of misuse of a promotional code in any way (e.g. sale, sharing or reuse of a promotional code) by the Customer, Woosh reserves the right to cancel, modify or suspend the order, even if this refund of the amount of an order.
3. Price and payment
3.1 The price of the Products is indicated in euros (EUR) and includes VAT.
3.2 Woosh takes all reasonable precautions to ensure that Product prices are correct when entered into the system and displayed on the Website. However, the Website contains a large number of Products and it is possible that, despite Woosh's reasonable efforts, the prices of some Products on the Website may be incorrect at the time the Customer places their order. If Woosh discovers an error in the price of the Products that the Customer has ordered, Woosh will inform the Customer of this error by e-mail or telephone and give him the option to purchase the Product at the correct price. or cancel the order.
3.3 The Customer must pay the price indicated when validating his order. Payment via the webshop is easy with Bancontact, credit card or Apple Pay.
4. Terms of Delivery
4.1 Unless expressly stated otherwise, the Products will be delivered to the address specified when paying for the order. Products are only delivered to the countries for which the Website allows delivery. Deliveries outside Belgium may be accompanied by additional delivery costs.
4.2 Incorrect delivery addresses provided are the responsibility of the buyer and may result in additional costs.
4.3 Woosh undertakes to ship the Products 1 to a maximum of 2 days after receipt of payment.
4.4 The ordered Products will be delivered without undue delay and no later than thirty (30) days after the date of receipt of the confirmation email from Woosh in accordance with the general terms and conditions. No delay in delivery can give rise to termination of the purchase or payment of damages in favor of the buyer, except in the case of intentional delay.
4.5 If the Customer or a third party designated by the Customer is not present at the agreed delivery address to receive the Products, Woosh will leave a notice for the Customer indicating where the Products can be collected.
4.6 Woosh has the right to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the buyer will be refunded without interest or other compensation.
4.7 All visible defects in the Products and/or adjustments to the outer packaging must be reported to Woosh Customer Service within a maximum period of two (2) working days with a detailed description and visual support of the defects. Without prejudice to the applicable legal guarantees, the fact that the Customer unpacks the delivered Products implies that he has accepted the delivered Products.
4.8 The risk of loss and wear and tear of the Products and ownership of the Products passes to the Customer at the time of delivery.
5. Right of withdrawal upon sale
5.1 The Customer has a period of fourteen (14) calendar days to return the Products without having to justify his decision. The Products must be unopened for hygiene and health protection reasons. If the returned products do not meet our return conditions, we will unfortunately have to refuse the return. If in doubt, please contact us in advance.
5.2 If the Customer exercises his right of withdrawal, Woosh will refund all payments received from the Customer, including delivery costs (with the exception of additional costs related to the Customer's choice of a method of delivery other than standard delivery as provided by Woosh identified on the Website), as soon as possible and no later than 14 days after receipt by Woosh of the Customer's declaration of withdrawal. The refund will be made by Woosh via the same payment method as the Customer used when ordering the Products on the Website, unless otherwise agreed in writing between the parties. Woosh reserves the right to postpone the refund until Woosh has received the returned Products, or until the Customer has provided proof of shipment of the Products. The Customer must return or deliver the Products to Woosh immediately or at the latest within 14 days from the date on which the Customer informed Woosh of the withdrawal from the contract.
5.3 The costs for returning the Products are borne by the Customer.
6. Warranties and liability
6.1 Woosh strives to provide Products of impeccable quality.
6.2 Woosh is liable for the Product's lack of conformity with the contract (the Belgian Consumer Law) and hidden defects under the conditions provided for in the Belgian Civil Code.
When it comes to the legal guarantee of conformity:
- the Customer has a period of two years from delivery of the product to take action;
- the Customer may choose between repair or replacement of the Product, provided that the Customer's choice does not entail costs that are clearly disproportionate to the other choice in terms of the value of the Product or the extent of the defect;
- the Customer is exempt from proving proof of non-conformity of the Product for twenty-four (24) months after delivery of the Product.
In addition, the legal guarantee of conformity applies regardless of the commercial guarantee. Woosh does not provide a commercial guarantee in addition to the legal guarantee.
The Customer can decide to apply the warranty against hidden defects of the purchased item within the meaning of the Civil Code. In that case, the Customer has the choice between canceling the sale or a lower sales price in accordance with the Civil Code.
7. Intellectual Property
The Customer acknowledges that Woosh remains the exclusive owner of all intellectual property rights relating to the Website and the Products, including but not limited to the intellectual or industrial property rights related to the production process, composition or technical characteristics of the Products , as well as the name, brand and logo under which the Products are sold.
8. Personal data
8.1 The Customer undertakes to provide correct information and will in particular ensure that the e-mail address provided by him is accessible and in particular that there is no problem in receiving e-mails after a transfer, cancellation or overload of the electronic address. Woosh may also ask the Customer for information that is essential for the processing of his order by Woosh, for invoicing and for advertising the Products.
8.2 The personal data provided by the Customer will be processed in accordance with the 'Privacy Policy'. The Privacy Policy also specifies the Customer's rights regarding the data collected and processed by Woosh.
9. Force majeure
9.1 Neither party is liable for any delay or failure to perform its obligations if this is due to the occurrence of a force majeure event, as defined in Article 1218 of the Civil Code.
9.2 The party invoking a force majeure event must immediately notify the other party and take all reasonable measures to remedy the force majeure event.
10. Governing Law – Dispute Resolution
10.1 The general terms and conditions are governed by Belgian law.
10.2 A dispute is defined as a dispute that gives rise to a lawsuit. In the event of a dispute, the Customer must first submit a written complaint to Customer Service to resolve it amicably.
10.3 If the Customer cannot resolve his dispute with Woosh directly, the Customer may, free of charge, appeal to a consumer ombudsman to settle the dispute between him/her and Woosh amicably by contacting the Consumer Ombudsman Service. The following disputes cannot be assessed by a mediator: disputes for which the request is manifestly unfounded or unlawful, or which have previously been investigated or are being dealt with by another mediator or by a court, or if the consumer submits his request within a period of more than one year after his written complaint to Customer Service or if the dispute does not fall within the jurisdiction of the mediator, or finally if the consumer does not justify having previously attempted to resolve his dispute directly with Customer Service by means of a written complaint according to the conditions stated, if applicable, in the contract.
10.4 In the event of a dispute, the Customer may also use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/.
10.5 Any dispute relating to the conclusion, validity, interpretation, execution or termination of the General Terms and Conditions is subject to the jurisdiction of the courts (i) of the place where Woosh is established, or (ii) of the place where the Customer is located, or (iii) from the place where the Products are delivered.