Terms & Conditions
- Wonderlik Webdesign: Wonderlik Webdesign, located in Graauw under Chamber of Commerce number: 80042732.
- Customer: the party with whom Wonderlik Webdesign enters into an agreement.
- Consumer: the natural person not acting in the exercise of a profession or business.
- Agreement: the arrangement between Wonderlik Webdesign and the customer, whereby Wonderlik Webdesign is obliged to deliver a performance related to web design and the customer is initially obliged to pay a sum of money.
Wonderlik Webdesign
Website: www.wonderlikwebdesign.com
Location: Graauw, The Netherlands
Contact: info@wonderlikwebdesign.com
Chamber of Commerce Number: 80042732
Business identity
1. These general terms and conditions are published on the website of Wonderlik Webdesign, www.wonderlikwebdesign.com.
2. These general terms and conditions apply to every offer from Wonderlik Webdesign and to every distance agreement and order concluded between Wonderlik Webdesign and the customer. These general terms and conditions also apply to all offers and follow-up assignments by, on behalf of, or against Wonderlik Webdesign.
3. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the customer.
4. The customer is deemed to have taken cognizance of and agreed to these general terms and conditions of Wonderlik Webdesign upon concluding the agreement.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and the other provisions will remain intact and the relevant provision will be replaced by a provision that approximates the original intent as closely as possible in mutual consultation.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
8. If the agreement deviates from one or more provisions of these terms and conditions, what is stipulated in the agreement will prevail over what is stipulated in these general terms and conditions.
Applicability
2. Wonderlik Webdesign always has the right to change or discontinue the offer and prices without notice.
3. The offer includes a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the customer to make a proper assessment of the offer. However, obvious mistakes and/or typing errors do not bind Wonderlik Webdesign.
4. All images, specifications, and other data in the offer are merely indications and cannot be a reason for compensation or termination of the agreement.
5. Wonderlik Webdesign strives to display the offered products accurately in images. Nevertheless, Wonderlik Webdesign cannot guarantee that the displayed colors and details exactly match those on another computer screen.
6. Each offer contains information that makes it clear to the customer what the rights and obligations are associated with accepting the offer. This includes, in particular:
- the price excluding VAT;
- the manner in which the agreement will be concluded and the steps necessary for this;
- whether or not the right of refunds applies;
- the method of payment, delivery, and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- whether the agreement will be archived after its conclusion, and if so, the manner in which it can be accessed by the customer;
- the way in which the customer, before concluding the agreement, can check the data provided by him in relation to the agreement and, if desired, correct them.
The offer
1. The agreement is established at the moment of acceptance by the customer of the offer and compliance with the stipulated conditions.
2. Upon acceptance of the agreement, the customer signs the contract provided by Wonderlik Webdesign.
3. Wonderlik Webdesign will always confirm the receipt of the customer's acceptance of the offer. Until this confirmation has been issued by the entrepreneur, the customer retains the right to dissolve the agreement.
4. Wonderlik Webdesign is under no obligation to enter into an agreement if there is a reasonable suspicion that the services provided by Wonderlik Webdesign will be misused or that the payment obligations will not be met.
5. The agreement is primarily concluded online. The customer consents to digital delivery, communication, and invoicing.
The agreement
1. Given the digital nature of Wonderlik Webdesign's products, returns are not possible under any circumstances. As a result, customers or consumers do not have the right to a cooling-off period or refund after completing the purchase for a website template.
2. Custom web design contracts may only be canceled prior to Wonderlik Webdesign commencing work. Generally, this is defined as within two days following the conclusion of the agreement. Customers are permitted to cancel a custom web design contract within this two-day window without providing any justification.
Refunds and cancellations
1. The prices listed for the offered products are in euros and exclude VAT.
2. Prices listed in the offer are subject to change without prior notice until the agreement is finalized.
3. The customer is required to promptly report any inaccuracies in the provided or listed payment details to Wonderlik Webdesign.
4. Should the customer fail to meet their payment obligation within the agreed term, they will be liable for statutory interest and extrajudicial collection costs following a payment reminder. The statutory interest rate is 8% of the agreed amount, and collection costs are 15% of the agreed amount, with a minimum of €40.
5. Wonderlik Webdesign reserves the right to decline orders that, in our judgment, appear to have been placed by customers attempting to redistribute or resell the products.
6. Upon completing the payment, the customer will be redirected to an external payment platform, over which Wonderlik Webdesign has no control and cannot be held responsible for any issues or disputes that may arise.
7. Wonderlik Webdesign offers the convenience of paying in monthly installments (total product amount divided by the agreed number of installments) via direct debit. Should there be a payment delay extending 30 days beyond the legal payment term, Wonderlik Webdesign is entitled to claim statutory interest and incurred legal fees and/or collection costs. The statutory interest rate is 8% of the invoice amount, excluding VAT. Additionally, collection costs amount to 15% of the invoice amount, excluding VAT, with a minimum of €40.
8. When a customer enters into an agreement with Wonderlik Webdesign for the purchase of a website template, the payment can be made either as a full installment or in multiple parts, depending on the customer's preference. The payment is processed via Plug & Play and is automatically debited from the customer's bank account.
9. If the customer enters into an agreement for custom web design, the customer is required to make an initial down payment of 25% of the total agreed amount. The terms for the remaining balance will be determined through mutual agreement. The customer may choose to complete the payment in one, two, or four installments. The final invoice for the remaining balance will be issued on the day of delivery.
Pricing & payments
Wonderlik Webdesign guarantees that the products will adhere to the terms of the agreement, meet the specifications outlined in the offer, satisfy reasonable standards of reliability and usability, and comply with the legal requirements and government regulations in effect at the time the agreement is concluded.
conformity
1. Wonderlik Webdesign is not liable for any damages that may arise from the use of the products and/or services provided by Wonderlik Webdesign.
2. Wonderlik Webdesign is not liable for damages resulting from the information provided and/or materials supplied to the customer.
3. Wonderlik Webdesign is not liable for indirect damages. This includes, but is not limited to, consequential damages, lost profits, business interruptions, missed savings, corrupted or lost data or materials, and/or any stagnation damages the customer may suffer due to defects in the purchased product.
4. In the event of an attributable failure, Wonderlik Webdesign must first be given written notice of default, with a reasonable period to fulfill its obligations, correct any errors, or limit or resolve damage.
5. Correspondence and/or delivery is conducted via email and the internet. The customer is responsible for providing the correct email address to Wonderlik Webdesign. Additionally, the customer is responsible for correctly setting up their computer and any installed programs so that sent messages and digital products can be received.
6. When transferring domain names, there is a risk of data loss, which is not limited to: email data or general data. The customer is responsible for making a backup before the transfer takes place. Wonderlik Webdesign cannot be held liable for the loss of data.
7. Wonderlik Webdesign is not liable for damage resulting from errors or malfunctions in the used software (Showit, Canva, Flodesk) or hacked websites.
8. It is the customer's responsibility to carefully follow the instructions provided by Wonderlik Webdesign. Wonderlik Webdesign uses sample photos intended solely for demonstration purposes. The customer does not acquire usage rights and must replace these photos with their own for which they have usage rights. Any potential infringement on third-party copyrights is not the responsibility of Wonderlik Webdesign.
9. The customer absolves Wonderlik Webdesign from any liability for damages incurred more than a year after the execution of the agreement.
10. Wonderlik Webdesign is not liable for damages caused by its partners. These partners execute their work under their own responsibility for the customer.
Liability
1. Force majeure is defined as an unforeseen circumstance beyond the control of the parties, which reasonably cannot be expected to be mitigated by the other party. Force majeure includes, but is not limited to: computer failures, computer defects, government measures, and the illness or death of the party involved or their close relatives.
2. In the event of force majeure, Wonderlik Webdesign and the customer have the right to temporarily suspend the execution of the agreement.
3. If the customer is temporarily unable to fulfill their payment obligations due to force majeure, the commencement date of the agreement can be postponed.
4. Should the force majeure be of a long-term nature, the parties have the option to dissolve the agreement. Upon dissolution, the customer remains obligated to pay for the work already completed by Wonderlik Webdesign. All other mutual obligations will expire.
5. In the event of force majeure, Wonderlik Webdesign and the customer will collaboratively seek an appropriate solution. If necessary, deviations from these general terms and conditions are permissible.
Force majeure
1. All intellectual property rights related to the offerings and the website of Wonderlik Webdesign are solely owned by Wonderlik Webdesign.
2. The digital products offered by Wonderlik Webdesign are protected by copyright. Consequently, duplicating, distributing, or commercially exploiting these purchased digital products or services for any purposes other than those explicitly authorized by Wonderlik Webdesign, without obtaining prior written consent, is strictly prohibited.
3. The customer is prohibited from removing or altering any brand or identification marks, alter any brand or identification marks and/or any indications regarding copyrights on the material, nor to modify or replicate the related material or any portion thereof, nor to harm or unjustly benefit from the reputation and rights of Wonderlik Webdesign in any way.
4. If products have third-party images for demonstration purposes, these images must be replaced by the customer upon purchase to comply with the photographer’s copyright. Wonderlik Webdesign assumes no liability should the customer fail to adhere to this requirement.
5. Creating "derivative works" by modifying the downloads and subsequently distributing or commercially exploiting them is strictly prohibited unless written permission is obtained.
6. Violating the stipulations of this article incurs liability for damages to the copyright holder. The compensation amount is determined based on the sum the copyright holder could have charged in a comparable lawful scenario.
intellectual property
1. Wonderlik Webdesign retains the right to terminate the agreement if the customer fails to meet their payment obligations, engages in misconduct, presents a reasonable suspicion of not fulfilling their obligations, or misuses the services of Wonderlik Webdesign, such as by acquiring services with the intent to duplicate or resell them to third parties.
2. The customer has the right to terminate the agreement if Wonderlik Webdesign is found to be negligently deficient in fulfilling its contractual obligations.
3. Prior to terminating the agreement, the other party should be afforded a reasonable period to address and rectify any existing deficiencies.
4. The termination of the agreement nullifies all existing obligations. The customer remains responsible for paying the agreed amount. A refund will be issued to the customer for any services that were not delivered.
5. Termination must be mutually agreed upon and documented in writing.
Termination of the Agreement
1. In the event of complaints, customers need to reach out first to Wonderlik Webdesign.
2. Complaints about the execution of the agreement must be submitted to Wonderlik Webdesign within 7 days, fully and clearly described, after the customer has discovered the defects.
3. Submitted complaints will receive a response within 14 days of receipt. If a complaint necessitates a longer processing period, Wonderlik Webdesign will provide an acknowledgment within the same 14-day timeframe, along with an estimate for when the customer can expect a more comprehensive response.
4. Filing a complaint does not relieve the customer of their payment obligation unless explicitly agreed upon otherwise.
Complaints
1. The customer is responsible for the monthly costs of Showit and for purchasing a domain name.
2. Upon purchasing a template, the customer receives an access code to download the template. It is not allowed to share, resell, or distribute this code in any way.
Other Provisions
1. Prior to seeking judicial intervention, the parties shall exhaust all efforts to reach a mutually agreeable resolution.
2. Agreements between Wonderlik Webdesign and the customer, applicable under these general terms and conditions, are governed exclusively by Dutch law, even if the customer resides abroad.
3. All disputes between the parties will be exclusively submitted to a competent court in the Netherlands, adhering to what is provided by law.
Disputes
1. Wonderlik Webdesign reserves the right to modify these terms and conditions at any time. Once the updated version is posted on the website, it will come into effect immediately. The revised terms and conditions will then apply to all agreements concluded thereafter.
2. Changes to the terms and conditions during an existing agreement will only apply to already existing agreements if the other party agrees.
3. Changes to the agreement will always be made in consultation.
Changes to the Terms and Conditions
For questions regarding these terms and conditions, please reach out at info@wonderlikwebdesign.com.
