Latin American Fair Design with a story attached

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Wana Bana's Terms and Conditions

Version March 2014

Introduction

These are Wana Bana’s General Terms and Conditions. These General Terms and Conditions always apply when you use our website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.

Definitions

  • Wana Bana:
    • Owner: Maria Liliana Rengifo Montoya; 
    • Address: Bollenhofsestraat 58, 3572VP, Utrecht, Nederland;
    • Telephone number:  +31 642 57 61 80
    • E-mail address: info@wanabanadesign.com
    • Chamber of Commerce number: 59319739
    • VAT identification number: NL260611177B01
  • Website: the Website of Wana Bana, to be found on www.wanabanadesign.com and all of its subdomains.
  • Client: the natural person not acting in the performance of a profession or business who enters into an agreement with Wana Bana and/or is registered on the Website.
  • Agreement: any arrangement or agreement between Wana Bana and the Client of which the General Terms and Conditions are an integral part.
  • General Terms and Conditions: these General Terms and Conditions.

Applicability of the General Terms and Conditions

The General Terms and Conditions apply to all offers, agreements and deliveries of Wana Bana, unless explicitly agreed otherwise in writing.

If the Client in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not in included the General Terms and Conditions, such provisions will only be binding upon Wana Bana if and in so far as Wana Bana has accepted them in writing.

Prices and information

All prices posted on Wana Bana's Website include taxes imposed by the government.

If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.

The content of the Website is composed with the greatest care. Wana Bana cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Wana Bana are subject to obvious programming and typing errors.

Wana Bana cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.

Conclusion of the Agreement

The Agreement will be deemed to be concluded at the moment the Client accepts the offer of Wana Bana subject to the conditions laid down by Wana Bana.

If the Client has accepted the offer by electronic means, Wana Bana will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, the Client will have the possibility to dissolve the Agreement.

If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Wana Bana will have the right to demand fulfilment of the Client’s obligations until the correct data is received.

Wana Bana has the right to refuse orders from clients that act in the exercise of their profession or business.

Registration

To make optimum use of the Website, the Client can register using the registration form/the account sign-in option on the Website.

During the registration process, the Client will be asked to choose a user name and password with which he can log on to the Website. The Client alone is responsible for choosing a sufficiently reliable password.

The Client must keep its login credentials, user name and password strictly confidential. Wana Bana cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Client who logs on to the Website is the party that it professes to be.T he Client is responsible for and bears the full risk of any and all actions and transactions performed via the Client’s account.

If the Client knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify Wana Bana accordingly so as to allow Wana Bana to take appropriate measures. 

Execution of the Agreement

As soon as Wana Bana has received the order, it will send the products to the Client without delay and with due regard for the provisions of paragraph 3 of this article.

 Wana Bana is authorised to engage third parties in the fulfilment of its obligations under the Agreement.

Well ahead of the date on which the Agreement is signed, information will be posted on the Website, which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.

If Wana Bana is unable to deliver the products within the agreed term, it will notify the Client accordingly. In that case the Client can decide either to agree to a new delivery date or to dissolve the Agreement without incurring any costs.

Wana Bana advises the Client to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing using the Return form or by email. For further details, see the article about guarantee and conformity.

The risks associated with the products will transfer to the Client as soon as the products are delivered at the agreed delivery address.

If the ordered product can no longer be supplied, Wana Bana is entitled to deliver a product, which is comparable in nature and quality to the ordered product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the product free of charge. 

Right of withdrawal

The Client will have the right to dissolve the distance Agreement with Wana Bana within 14 calendar days after receiving the product, free of charge and without stating reasons.
Wana Bana bears the costs of returning the product, which means that the Client can return the product free of charge. Any shipping costs paid by the Client and the purchase price paid for the product will be refunded to the Client if the entire order is returned.

During the withdrawal period referred to in paragraph 1 above, the Client will treat the product and its packaging with the utmost care. The Client may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation.

The Client can dissolve the Agreement in accordance with paragraph 1 of this article by returning the product to Wana Bana within the term stated in paragraph 1.


Products can be returned to the following address:

Wana Bana
, Bollenhofsestraat 58
3572VP, Utrecht, The Netherlands

Any amounts already paid by the Client (in advance) will be refunded to the Client as soon as possible, and in any case within 30 days after dissolution of the Agreement.

Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.

The right of withdrawal does not apply to products that are perishable or subject to obsolescence such as Tights.

Payment

The Client shall pay the amounts due to Wana Bana in accordance with the ordering procedure and any payment methods indicated on the Website. Wana Bana is free to offer any payment method of its choice and may change these methods at any time.

Warranties and conformity

Wana Bana warrants that the products satisfy the Agreement, the specifications laid down in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that are in force on the date the Agreement is signed. If specifically agreed, Wana Bana will also warrant that the product is suitable for purposes other than its normal use. 

Any warranties offered by Wana Bana, the manufacturer or the importer will not affect the statutory rights and claims which the Client already has and may invoke by virtue of the Agreement.

If the delivered product fails to satisfy the Agreement, the Client can notify Wana Bana accordingly within 30 days after discovering the defect.

If Wana Bana deems the complaint to be well-founded, the products concerned will be repaired, replaced or refunded in consultation with the Client. The refund cannot exceed the price paid for the product by the Client. This article will not preclude the Client’s right to claim damages, if applicable.

Complaints handling procedure

If the Client has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Wana Bana’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.

Wana Bana will respond to the complaint as soon as possible, and in any case within as soon as possible days after having received it. If it is not yet possible for Wana Bana to formulate a substantive reaction to the complaint by that time, Wana Bana will confirm receipt of the complaint within as soon as possible days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the Client’s complaint. 

Personal details

Wana Bana will process the Client’s personal details in accordance with the privacy statement published on the Website.

Final provisions

The laws of the country where the webshop is established govern this agreement.

In-so-far as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Wana Bana has its registered office.

If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.

The term ‘written’ in these General Terms and Conditions also refers to communication by email, provided that the sender’s identity and the integrity of the email message have been sufficiently established.

Contact details

Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter. 

Address:  

Wana Bana

Bollenhofsestraat 58

3572VP, Utrecht

Telephone:  

+31(0) 642 57 61 80

E-mail:  

info@wanabanadesign.com

Chamber of Commerce number:   59319739 
VAT number:   NL260611177B01