1. Scope
BiggerWorks BV a privately owned company based on Danzigerkade 5 at Amsterdam, The Netherlands, registered at Chamber of Commerce in Amsterdam under 34278092 (hereafter called “BiggerWorks”) invites you to read carefully these general terms & conditions of sale (hereafter “GTC”) which regulate the purchase of BiggerWorks products (“hereafter called Products”) via the website www.waterkaarten.app and the mobile applications of which BiggerWorks is the owner.
Your use of the products and websites is also subject to our Terms of Use and Privacy Policy.
BiggerWorks
reserves the right to amend periodically these GTC by publishing an updated
version on the websites and in the apps.
The use of the websites after publishing said amendments will determine the
acceptation of the same.
2. Entering into an agreement
2.1 You can place an order on www.waterkaarten.app or other Bigger Works websites for the purchase of a Product if you are aged 18 or over. Orders can also be placed in appstores such as Apple Appstore of Google Playstore. In case of a purchase in an appstore, the terms and conditions of the appstore apply, next to these GTC.
2.2 The acceptance of each purchase order is subject to the effective availability of the related Product. The Products offered on the websites could not be available or be available in limited quantities.
2.3 When making a purchase order for Products on the websites, you must follow the instructions on the websites that describe how to make your order and to make changes to your order before submitting it.
2.4 By clicking “Purchase”, you place a binding order relating to the Products contained in the virtual basket, accepting the GTC current at the date you submit your order. Once the order is submitted and the related payment has been made, BiggerWorks will send you an email for the confirmation of the order. The sale agreement shall be concluded between BiggerWorks and the user once the latter receives the confirmation of the order.
2.5 BiggerWorks reserves the right to refuse an order, wholly or partially, in the following cases:
– if the Product is not available;
– if your billing information is not correct or not verifiable;
– if your order is flagged up by the security systems as an unusual order or as an order virtually fraudulent;
– if we have reason to believe you are under 18;
– if it is impossible to deliver to the address provided by you or you have provided us with an incorrect address or an address outside the countries where BiggerWorks ships the Products as specified within the Services.
3. Prices, shipping charges
3.1 The sale price of each Product is as published on the Services at the moment you submit the related purchase order. The price is confirmed by the e-mail by which BiggerWorks confirms the receipt of the purchase order.
3.2 All the published prices are in Euros or possibly in the local applicable currency and inclusive of VAT, if applicable. When contemplated, the shipping charges initially are indicated separately; said charges are indicated at the moment of the preparation of the purchase order and are included in the total price displayed in the order. In the case of delivery in countries outside the EU customs duties, taxes and other levies that may apply shall be borne by the user.
3.3 In case BiggerWorks becomes aware of a manifest error in the indication of the price of the ordered Products or the shipping charges, you will be immediately informed and will be offered the possibility to confirm the order at the corrected price or to cancel it. Unless despatch of your order has been confirmed, BiggerWorks will not be obliged to supply products at the incorrect price. If you elect to cancel the order, BiggerWorks will reimburse the paid amount within 14 days from the receipt of the communication by which the user informs BiggerWorks about his decision to cancel the order. BiggerWorks may release discounts or promotional vouchers within promotional campaigns. These cannot be bought and can be used for a limited period of validity. Certain Products may be excluded from voucher promotions. The use of promotional voucher could be subject to a minimum amount and in general, to any further restrictions made available by BiggerWorks within the related promotional campaign.
The value of the Product(s) bought must be equal or higher than the value of the promotional voucher. If the credit of a promotional voucher is insufficient for the order you wish to make, you may make up the difference through one of the payment methods accepted. The credit of a promotional voucher does not accrue interest nor does it have a cash value. The promotional vouchers will not be reimbursed if you decide to return, partially or totally, the Products ordered. The promotional vouchers can be used only if the order is finalized, cannot be used retroactively and cannot be assigned to third parties. Unless stated otherwise, promotional vouchers cannot be used in conjunction with other promotional vouchers for the same order.
3.4 Bigger Works accepts the following credit cards through Stripe payment gateway and app store payment services: iDEAL, MasterCard, Visa
3.5 By using a credit/debit card to pay for your order, you warrant and confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
4. Delivery
BiggerWorks will use all reasonable efforts to deliver the Products ordered within the timescales indicated on the order confirmation. Generally, unless stated otherwise, the delivery takes from one to five working days from the moment BiggerWorks receives your order. In any case, such timescales are not guaranteed delivery times and should not be relied upon. Erroneously communicated addresses are the responsibility of the user and may lead to extra charges that will be recovered from the user.
5. Title retention
BiggerWorks will retain title in the sold Products until receipt of the payment of the Products and of any shipping charges.
6. Right of withdrawal and Refund Policy
6.1 You, as Consumer, have the statutory right to withdraw from this agreement without any penalty and without giving any reason, within 14 days from the day on which you or a third party and indicated by you acquires physical possession of the goods. In the case of multiple goods ordered by you in one order and delivered separately, the withdrawal term will expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last of the Products. “Consumer” means any natural person who is acting for purposes which are outside his trade, business, craft or profession.
Without prejudice to your statutory rights, BiggerWorks provides you with the right to return the Products within 14 days from the date you or a third party indicated by you acquires physical possession of the goods under the same conditions as set out below for the statutory withdrawal right.
6.2 In order to exercise the right of withdrawal or cancellation, you shall inform BiggerWorks about your decision to withdraw from this agreement by means of the “Return Procedure” to which you may access via the website.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6.3 If you withdraw from or cancel this agreement, BiggerWorks will reimburse to you all payments received from you, including the cost of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
BiggerWorks will make the reimbursement without undue delay and not later than 14 days from the day on which you completed the “Return Procedure”.
BiggerWorks will carry out such reimbursement using the same means of payment used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
BiggerWorks may suspend the reimbursement until it has received the goods back in order to check the status of the Products returned.
6.4 You shall send back or deliver the Products to BiggerWorks to the address which will be indicated during the “Return Procedure”, without undue delay and in any event not later than 14 days from the day on which you complete the “Return Procedure”. The return of the Products will be at your own cost, unless stated otherwise by BiggerWorks. The deadline is met if you send back the goods before the period of 30 days has expired. You will have to bear the direct cost of returning these goods.
6.5 The right of withdrawal does not apply in the event of delivery of goods:
– made to the consumer’s specifications or clearly personalized;
– that are not suitable for returns for reasons involving health protection or hygiene if their seal has been broken post-delivery;
– which are, after delivery, according to their nature, inseparably mixed with other items;
– consisting in sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
Purchases via the website www.waterkaarten.app or other BiggerWorks websites will entirely be processed by BiggerWorks, including the Return Policy. Purchases via appstores are subject to the applicable appstore terms and conditions.
7. Guarantee and liability
7.1 If a Product is physically damaged or defective, BiggerWorks will repair, exchange or refund the purchase price of the product, as appropriate, in accordance with your statutory rights and warranty.
7.2 Our policy on defective Products does not affect your legal rights.
7.3 If you believe a Product bought from BiggerWorks is defective, you must contact the BiggerWorks Customer Service, by sending an email to the following address: support@waterkaarten.app or by phone stated on the website.
8. Contacts
All the communications can be sent to the following address: support@waterkaarten.app or by phone stated on the website.
9. Protection of personal data
By accepting these GTC, you declare to have read, understood and fully accepted the provisions which regulate the protection of personal data, included in the specific section available within the Services.
10. Applicable law and jurisdiction
These GTC shall be governed exclusively by Dutch law.
Last updated March 6, 2020