General Terms and Conditions

General terms and conditions are an agreement between you, as a customer, and us, the entrepreneur.

In common parlance, general terms and conditions are also referred to as “the small print”. They provide clarity and certainty about how we work.

Every time you purchase products or services from us, we ask you to read them carefully. When purchasing our products or services, you (automatically) confirm your agreement with the applicable conditions.

These general terms and conditions have been drawn up and apply to Wax'n Board, Wax&Board, Wax en Board and all other derivatives of this company.

Wax'n Board is a brand name of Olouna BV. Olouna BV is the trade name of a Flemish company, registered and known under number: BE 100.8815.638.

Olouna BV or, Wax'n Board (both hereinafter referred to as Wax'n Board) has the following address:

(physical) Sarosstraat 14 D, 9290 Berlare – Belgium
(online) waxnboard.com

In these terms and conditions the following terms shall have the following meanings:

• Reflection period: the period within which the consumer can make use of his right of withdrawal;
• Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
• Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
• Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
  Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
• Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
• Distance communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
• General Terms and Conditions: the present General Terms and Conditions of the entrepreneur. These can be divided into several conditions such as the cookie policy, the privacy policy, shipping or payment conditions, warranty and/or the right of withdrawal etc. These separate texts always form one whole with these general terms and conditions.

By agreeing to our terms and conditions, you confirm that you are of legal age under the applicable laws in your region of residence, or that you have received approval from an adult who is personally responsible for you, that you can act as an adult without any restriction resulting from a physical or mental disability that requires you to be guided in financial matters.

We reserve the right to refuse anyone for any reason and without any obligation to provide an explanation.

By using our website, and/or purchasing something from our company, you engage in our “services” and agree to these terms and conditions. Regardless of which web browser you use, whether you are an end user, manufacturer, dealer or reseller – but also regardless of whether you would create additional content or added value by e.g. leaving a review or a comment on this site.

We do not allow our products and services to be used for illegal applications, for aggression, discrimination, or to violate local laws including copyrights. In addition, we do not allow you to use software such as viruses, hack tools, crawling software or other with which you would influence our services.

You expressly agree not to reproduce, copy, imitate, sell or re-sell any content without our permission. You will not misuse our services, or any part of our services. You will not misuse our website, or any mechanisms on our website through which we provide services. An exception to this may only be made with our written permission.

If we notice that these conditions are being misused, we will immediately exclude you from our services.

These guidelines provided are not limitative and do not affect the Terms as a whole.

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can always be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.

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 may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.

Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer is without obligation and the entrepreneur is entitled to change and/or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

• All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
• Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and the actions required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the agreement;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement is archived after it has been concluded and, if so, how the consumer can consult it;
• the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in the context of the agreement.
  Any other languages in which, in addition to Dutch, the agreement may be concluded;
• the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically;
• The minimum duration of the distance contract in the event of a continuous transaction.
• Optional: available sizes, colours, type of materials.

The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

• the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• the information about guarantees and existing after-sales service;
• the information included in the article “The offer” of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
• In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Because the guarantee, but also the right of withdrawal, is specific, we have a separate section for this. These provide the general provisions but can also deviate for specific products or services. You can read more about this on the guarantee or withdrawal page

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• these are the result of statutory regulations or provisions;
• or the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services are inclusive of VAT. Unless stated otherwise.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

The displayed prices of our services and products may be changed without prior notice.

We reserve the right to modify or discontinue any service or product at any time, including partial service, without prior notice.

We are not responsible for modifications, price changes, pauses or discontinuations of products and services.

We reserve the right to make any price corrections, regardless of whether they result from a human or system technical error. We also expect that you as a user will not abuse any system errors, and should they occur that you will report them to give us the opportunity to correct this error.

Certain products or services are exclusively available through the website. Our products or services may have limited quantities and are subject to our right of withdrawal and warranty policy.

We take as much action as possible to provide a clear description, to communicate the most accurate colours and dimensions of the products we sell. However, we cannot guarantee that the colours or dimensions displayed on your computer, tablet or mobile phone are accurate, as this depends on the quality and settings of your equipment. We therefore do not accept complaints that arise based on colour deviations or interpretation errors.

We reserve the right, but are not obligated, to limit certain products, services or sales. Regardless of the person, geographic location, or law that applies thereto. We may make an exception after personal consultation, but that is not a right or obligation. We also have the right to limit our stock to the amount that we consider necessary, without interference from third parties.

Product descriptions, prices and details can be changed at any time, without prior notice. We reserve the right to withdraw certain products from the market at any time. This without having to give a reason. It is also possible that promotions or rates differ in different sales channels, or because we perform A/B tests that allow us to optimize sales.

We make no promises about the amount of stock, products, services and information, or any material purchased or obtained by you, whether it will meet your expectations or whether it concerns any correctable errors in our services.

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

Taking into account what has been stated in the general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.

All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

In case of dissolution, the entrepreneur will refund the amount paid by the consumer as soon as possible. We also refer to the conditions included in the section regarding the right of withdrawal and warranty.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles.

The risk of damage and/or errors in products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

We reserve the right to refuse orders without giving any reason.

If we see a need, we may have to impose certain limits or cancel quantities that a company, person, or family can purchase per order.

These restrictions may apply to orders placed under the same customer account, the same credit or debit card, and/or orders that use the same billing and/or shipping address.

If we find it necessary to make a change to your purchase, we will attempt to inform you of this via the email address or telephone number you provided at the time of ordering. We reserve the right to refuse orders for orders placed by sellers, manufacturers and distributors.

As a customer, you agree to provide complete and accurate information when placing an order in our store. As a customer, you agree that you are responsible for making immediate corrections to your account and other information, including your email address and debit/credit card, so that you can confirm your transaction and we can contact you if necessary. In addition, as a customer, you agree that it is your own responsibility to provide correct information, so that errors in delivery are excluded. We cannot be held responsible for errors caused by the customer.

Cancellation
The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including utilities) or services, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

cancel at any time and not be limited to cancellation at a specific time or during a specific period;
at least cancel in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension
An agreement entered into for a fixed period and aimed at the regular delivery of products (including utilities) or services may not be tacitly extended or renewed for a fixed period.

An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month.

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

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

You agree that we may use your data and content, with the exception of credit/debit card information, and that we may transmit it over both encrypted and unencrypted connections, and that we may manipulate it in accordance with the technical requirements imposed by network connections, software or hardware devices. However, we will never transmit your credit/debit card information unencrypted. For greater security, we will always try to enforce data traffic via the HTTPS protocol, and we advise you to ensure that you always use our host – we will never ask for personal data via a third party that you cannot clearly see as coming from us.

The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

In case of complaints, a consumer should first contact the entrepreneur. If a solution is still not found, the consumer has the option to have his complaint handled by an independent and recognized disputes committee. Submitting a dispute to this disputes committee may involve costs that must be paid by the consumer to the committee in question.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. On the other hand, a complaint does not suspend the obligations of the customer, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Belgian law. Even if the consumer resides abroad.

You agree to indemnify, defend and hold harmless Entrepreneur and our parent & subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.

We are not responsible if the information on this website is inaccurate, incomplete or even irrelevant. This content is provided for general information only, and should not be relied upon as the sole basis for making decisions without consulting other, more accurate sources. Your use of the content on this website is solely at your own risk.

This website may contain historical, outdated and obsolete information. We do not guarantee that the content has been updated in a timely manner and therefore inform you that you can use this for reference purposes only. We reserve the right to modify the content at any time, and even remove it, without the involvement of third parties.

We have no obligations to optimize or renew data, even if it turns out to be outdated. As a user, you agree that it is your own responsibility to follow any innovations.

In case you notice any incorrect or irrelevant information, we kindly request you to report it to us. We will then take necessary action within an acceptable time.

We may provide you with access to third party software, over which we have no control and therefore cannot monitor usage.

You agree that we provide such tools or provide access to such tools on an “as is” and “as available” basis without warranty, without possibility of complaint and without any conditions or possibility to file a complaint with our company. We also disclaim any liability that may arise from this and request that you submit any complaints or comments to the owners of this “third party” software.

Use of this optional software is always at your own risk, and we advise you to carefully review the terms of this third party before accepting them.

In the future, we can always offer new services and functions on our website, for example by using new software. In that case, the general conditions will also apply to this, or will entail a change.

Certain content, products and services available through us include content from third parties.

It is possible that links from these third parties will lead to a website that is not affiliated with us and our terms. We cannot be held responsible for reviewing or evaluating this, or checking the accuracy. We do not provide any warranty and will not be held responsible for any action resulting from this third party, their website, their software, their products, their services or the services of their partners.

We are also not responsible for any damage caused by the purchase of goods or services made by or from this third party. If you decide to purchase goods through a third party, we advise you to read their terms and conditions thoroughly and to understand their actions before you engage in any transaction. Complaints and questions regarding this party should be addressed directly to this party.

When you voluntarily submit a submission, such as to a contest, or without our request share your creative ideas, suggestions, proposals, plans, objectives or other feedback – whether through the Site or by regular mail, email, website comment, or otherwise – you agree that we may at any time, without restriction, make edits, translations or references to any Feedback and in any medium. We shall not be required to keep any Feedback confidential, hold it in confidence, pay compensation to you, or be required to respond to any Feedback.

We may, but do not undertake to, monitor and edit content to ensure compliance with legislation, so that no aggressive, discriminatory, pornographic, racist, personal humiliations or other transgressive content is shared that violates our terms and conditions.

You agree that your comments will not violate any rights, including copyright, trademark, privacy, personal or proprietary rights. You further agree that your comments will not contain unlawful content such as obscene material, malware, illegal content, and other software that may disrupt our service and website. We do not tolerate false e-mail addresses, false identities, or impersonating a third party if you do not have permission to communicate on their behalf.

You are 100% responsible for your response and the accuracy of your responses, we do not take any responsibility on behalf of our users, even if this is done through a third party.

When we add new features, tools, sections, or products and services, these will also apply under the general terms and conditions. You can always read the most recent terms and conditions on this page. Of course, we reserve the right to update (renew), change and even replace this information at any time when we deem this necessary and we do this to guarantee you a better service. It is your responsibility to regularly check our terms and conditions for any changes. If you continue to use our website and services - after the terms and conditions have been changed - you automatically agree to accept these new terms and conditions.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our products and/or services, or when you cease using our websites, products and/or services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our websites, products and/or services (or any part thereof).