1.1 All offers, orders, and agreements on Warmako.com are exclusively subject to these general terms and conditions, excluding any other conditions.
2.1 These general terms and conditions apply to all legal relations where Warmako.com acts as a supplier of products.
2.2 Accepting an offer or placing an order implies that you accept the applicability of these terms and conditions.
3.1 All offers from Warmako.com are without obligation. Offers are subject to the availability of the products. Warmako.com reserves the right to deliver a similar product instead of the ordered product or to dissolve the agreement. Typing and printing errors are always reserved.
3.2 Warmako.com expressly reserves the right to change prices, especially when required by (legal) regulations. See also article 5.3.
3.3 After the expiration date of an offer or a promotional period, the buyer cannot claim the respective promotion or offer.
4.1 The purchase agreement between Warmako.com and the buyer is concluded when the 7-day reflection period after receiving the order has expired.
4.2 An agreement is only concluded after acceptance of your order by Warmako.com. Warmako.com is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly agreed otherwise. If an order is not accepted, Warmako.com will notify you within ten (10) working days after receipt of the order.
5.1 All prices include Dutch VAT unless otherwise agreed, excluding other taxes imposed by the government, as well as any costs incurred under the agreement, such as shipping, storage, and/or administrative costs. If the buyer is not located in the country of shipment, the buyer is responsible for any VAT or import duties that may be due.
5.2 Prices include standard packaging and exclude freight costs, unless otherwise agreed.
5.3 If prices for the offered products and services increase between the order and its execution, you are entitled to cancel the order or dissolve the agreement within ten (10) days after notification of the price increase by Warmako.com.
5.4 Warmako.com cannot be held liable for deviations in prices, images, and texts.
5.5 Deliveries are made E.X.W. (Ex Works: factory/sales point/warehouse; Incoterms 2000), unless otherwise agreed.
5.6 Warmako.com reserves the right to deliver items in more than one shipment.
5.7 For orders, Warmako.com delivers within five (5) working days after order confirmation to the specified delivery address, provided the items are in stock and payment has been received.
5.8 The aforementioned delivery times are indicative and not binding. Warmako.com is never liable for damage resulting from exceeding delivery times. The maximum delivery time is 30 days unless otherwise agreed.
5.9 Warmako.com ensures delivery by mail or another method of its choosing.
5.10 Ownership of products transfers to the buyer upon delivery if the products are paid for.
5.11 The buyer is obliged to accept the purchased goods when they are made available or handed to them. If the buyer refuses acceptance or fails to provide information or instructions necessary for delivery, the products intended for delivery will be stored at the buyer's risk after Warmako.com has informed them. The buyer will then be liable for any additional costs incurred.
5.12 Warmako.com is a platform for various exclusive brands. Some brands offered through the platform work with selective distribution to maintain a luxury brand image.
Warmako.com only delivers these brands with permission from the brand owners. Customers who are not validated as selective distributors by the brand cannot order these brands. Brands with selective distribution include Maelson, District70, and Hoopo.
6.1 You must fully and unconditionally respect all intellectual and industrial property rights on the products supplied by Warmako.com.
6.2 Warmako.com does not guarantee that the products delivered to you do not infringe on any (unwritten) intellectual and/or industrial property rights of third parties.
6.3 All intellectual property rights relating to the Warmako.com site, including software, texts, images, and sounds, are owned by Warmako.com and/or those from whom we have obtained a license. This means that it is not permitted to publish, reproduce, or edit the information on Warmako.com sites without our permission, except for personal use.
7.1 All product prices on Warmako.com websites exclude shipping costs (at current rates).
8. Secure Payments
8.1 Products can be paid according to the applicable payment methods. You will see a selection menu after approving these terms and conditions.
9.1 Products purchased through Warmako.com can be returned within fourteen (14) working days after receipt, provided they have not been used and are in their original packaging. The buyer may withdraw from their order within fourteen (14) working days without penalty and without giving a reason, provided postage is paid. The buyer may also request a refund of the order amount, if already paid. You must contact [email protected] within fourteen (14) working days after receipt at the delivery address.
9.2 If you received a faulty product, Warmako.com will exchange it for the exact same product free of charge, provided it has not been used and is in its original packaging, unless the product is out of stock or discontinued. The buyer is entitled to a refund of the order amount, if already paid. You must contact [email protected] within seven (7) working days after receipt at the delivery address.
9.3 If you received a different product than ordered, Warmako.com will exchange it for the product you ordered free of charge, provided it has not been used and is in its original packaging. The buyer is entitled to a refund of the order amount, if already paid. You must contact [email protected] within seven (7) working days after receipt at the delivery address.
9.4 If any product is to be returned as stated above, the amount you paid will be refunded to your bank or giro account within fourteen (14) days. You must always contact [email protected] regarding this.
9.5 If the above time frames are not respected by the buyer, their rights to the above will expire.
10.1 Claims regarding the non-receipt of the order must be made within seven (7) days of receiving the invoice, otherwise, the correctness of the invoice is established.
10.2 Claims regarding defects in the products must be made in writing as soon as possible but no later than seven (7) working days after receipt at the delivery address or - in the case of non-visible defects - within twenty-one (21) days after the defects could reasonably have been discovered.
10.3 You are obliged to check upon delivery whether the products meet the agreement. If they do not, you must notify Warmako.com as soon as possible, and in any case within seven (7) days after delivery, or as soon as the defect could reasonably be detected, in writing and with reasons. If it is proven that the products do not meet the agreement, you have the choice to have the relevant products replaced or to receive a refund of the invoice amount. If you, for any reason, do not wish to accept a product, you have the right to return it to Warmako.com within seven (7) days after delivery. Returns are accepted only if the product is undamaged, and return shipping costs will be at your expense.
11.1 Warmako.com accepts no liability for damage resulting from or related to the execution of this agreement or the delivery of goods, unless the damage results from Warmako.com's own actions or omissions, and either intentionally or recklessly with knowledge that the damage was likely to result.
12.1 All legal relations between Warmako.com and the buyer are governed by Dutch law.
12.2 Any disputes arising from this agreement or subsequent agreements will be settled according to the Regulations of the Netherlands Arbitration Institute or, if Warmako.com chooses, by the competent court in Warmako.com’s or the buyer’s place of residence or establishment.
13.1 The Dutch text of these general terms and conditions prevails over translations thereof.
14.1 The statutory provisions regarding the protection of personal data, as laid down in the Personal Data Protection Act, are complied with by Warmako.com.
14.2 Warmako.com will include the data provided by the buyer in a file. This data will be used for the execution of the buyer's order and will be retained as long as necessary for handling any complaints related to the execution of the order. No data will be provided to third parties that may compromise the buyer's privacy.
15.1 If you provide Warmako.com with a written address, Warmako.com is entitled to send all orders to that address unless you provide Warmako.com with a written notice of another address to which your orders should be sent.
15.2 If one or more provisions of these Terms or any other agreement with Warmako.com should conflict with any applicable legal regulation, the relevant provision will lapse and will be replaced by a new legally permissible provision to be determined by Warmako.com.
16.1 These general terms and conditions may be amended or supplemented by Warmako.com at any time without prior notice or loss of any rights. The amendments will be announced on the websites of Warmako.com. The changes will take effect fourteen (14) days after announcement or on a later date mentioned in the announcement.
Ontvang het laatste nieuws, aanbiedingen en promoties
