General Terms and Conditions
In these terms and conditions the following definitions are used:
Table of contents:
Article 1: Definitions
Article 2: Applicability
Article 3: Offers and tenders
Article 4: Entering of the agreement
Article 5: Delivery and deadlines
Article 6: Billing and payment
Article 7: Suspension and termination of the agreement
Article 8: Liability & Warranty
Article 9: Lien
Article 10: Force majeure
Article 11: Confidentiality
Article 12: Deficiencies and complaints
Article 13: Applicable law and choice of court
Article 14: Copyright & Trade marks
Article 15: Your account
- Worthumb.com: a company with limited liability located at the Worthumb.com
1016 BX Amsterdam
Telephone number: +31 (0)20 3085119
VAT number: NL002423445B03
- Client: the natural person or legal entity that instructs Worthumb.com to perform certain activities, make available services or supply products from Worthumb.com
- Current terms and conditions apply to all offers, tenders, agreements, services, activities and deliveries from Worthumb.com, of whatever kind, unless the applicability has been fully or partly excluded by written agreement or if such exclusion has been explicitly negotiated.
- Possible terms and conditions from Client are hereby explicitly declined. Any deviation or amendment to the current terms and conditions are only applicable if these have been accepted in writing by Worthumb.com.
- When during a short or long time deviations from current terms and conditions have been permitted or if the current terms and conditions have not actively been enforced the applicability of the current terms and conditions is not altered. Worthumb.com therefore reserves the right to demand strict and immediate compliance. Client does not acquire any rights if current terms and conditions have not been strictly applied.
- Current terms and conditions are also applicable on all agreements with Worthumb.com which prescribe the use of third parties in the agreements execution.
- If one or more of the provisions in these current terms and conditions or any other agreement with Worthumb.com is contrary to a legal provision, that specific provision will expire and be exchanged with a new similar provision compliant with the law, the contents of this provision will be decided by Worthumb.com.
- Worthumb.com reserves the right to change current terms and conditions at any given time. With the applicability of current terms and conditions the applicability of all previous terms and conditions is hereby repealed.
Offers and tenders
- All offers and tenders by Worthumb.com are revocable and non-binding, unless otherwise specified in writing.
- Client vouches for the accuracy and completeness of the by or on behalf of him provided information, demands, specifications about performance and other data on which Worthumb.com bases its offer.
- A composed offer does not compel Worthumb.com to carry out a part of the offer against the corresponding part of the offered price.
- The contents of the assignment are exclusively being determined by that which has been described in the tender and the confirmation in writing of said assignment.
- The prices in the offers and tenders from Worthumb.com are with VAT(BTW) and without other state charges, as well as possible costs to be made in the context of the assignment such as but not limited to: mail-, administrative costs, and postal charges unless otherwise specified.
- All prices are subject to print, publish and typographical errors. No liability is accepted for the consequences of print, publish and typographical errors. In the case of print, publish and typographical errors, the trader is not obliged to supply the product according to the erroneous price.
Entering of the agreement
- Subject to the provisions set below an agreement with Worthumb.com is only valid after Worthumb.com has accepted the assignment in writing, or has confirmed said agreement. The engagement letter is considered to contain a full and honest statement of the agreement, unless the Client objects in writing immediately.
- Possible later additional commitments or introduced amendments are not binding unless these commitments or amendments are confirmed in writing by Worthumb.com within fourteen (14) days and the Client does not object in writing within three (3) workdays.
- For agreements, activities or transactions for which because of their type or size no tender in writing or engagement letter is sent, the invoice is considered to contain a full and honest statement of the agreement, unless an objection in writing is done within seven (7) workdays after the invoice date.
- Worthumb.com is entitled to demand collateral from Client beforehand or while entering the agreement, prior to performing, to ensure that the Client will meet the payment obligation as well as the other obligations.
Delivery and deadlines
- If Worthumb.com needs information or instructions from Client in the context of the performing of the agreement, the delivery time starts after the Client has submitted all the necessary information, in a format to be decided by Worthumb.com.
- If Worthumb.com has specified a delivery time this delivery time can only be regarded as an indication. Therefore a specified delivery time can never be regarded as a final date. If the specified delivery time has been exceeded the client shall declare Worthumb.com default in writing. Client shall give Worthumb.com a reasonable time to still perform its duties.
- Worthumb.com reserves the right to involve third parties, not employed by Worthumb.com, in performing its duties following the agreement.
- Client can only cancel an order with Worthumb.com if the status of the order is still “PROCESSING”. Client can check on the state of the order through his account on the webstore of Worhtumb.com.
- Delivery with signs of damaged package: All our products leave the warehouse with the packaging in perfect condition. If you detect any damage on delivery, it is required that you state it clearly on the dispatch note of the courier company indicating for instance ‘PACKAGE VISIBLY DAMAGED’If you inform us of an incident within 48 hours of delivery attaching the scanned dispatch note & photos of damaged package, we can use this document to claim the insurance and replace the damaged product with a new one once the incident has been solved.
- Wrong product delivery: We will accept the replacement of wrong products. Worthumb.com will take care of the shipping back to its warehouse as long as you inform us of the incident within 24 hours of delivery, except if Worthumb.com decides to refund the value of the product instead.
- Refunds:a. Worthumb.com will not refund 100% in the following cases.i. If the product has clear signs of misuse, unjustified damage or arrives in bad condition;ii. If the product is returned without the packaging, with a damaged packaging, or with transport labels that make the packaging unusable – 50% of the product’s value will be discounted; andiii. If the product is returned with missing parts or accessories, or if the incident description is not real – the product will not be refunded.iv. Very important: No refund will be made for products returned to Worthumb.com that are not faulty or whose incident description is not real. They will be stored in our warehouse and you will receive a notice. You will have 4 days of receiving the notice to confirm if you want the products to be returned to your warehouse after paying for the shipping costs. If we do not receive any confirmation or payment within 4 days, the products will be destroyed in a recycling center and Worthumb.com will not accept any claim for the products under any circumstances.b. Refusal or not collecting your orderi. When an order is not collected by the customer, it will be returned to our warehouse. Once we have received it, it will be processed by the Technical Support team and passed on to the Administration Department for the refund to be processed.ii. The order shipment and the return to the warehouse entail transportation expenses, which the company or person who placed the order must pay for. Consequently, you will receive a payment corresponding to the order return minus the two-way delivery expenses.
iii. This process may take up to 4 weeks.
- Deliveries outside the European Union:In the case of deliveries outside the European Union customs charges at destination or other taxes (duties) are not included. If they are applicable, the customer will be responsible for paying them, as well as all import expenses and taxes generated at the customs of destination, whether the products are actually delivered or the customer does not accept them. We will make every effort to deliver the orders in the shortest time possible, but you need to take into account the regulations of the country of destination for importing the ordered items as Worthumb.com will not be held responsible for them nor the effects caused by strikes, armed conflicts or other circumstances beyond its control. Worthumb.com will not be held responsible for customs clearance delays or if the local authorities decide to confiscate any element contained in the shipment.
Billing and payment
- Worthumb.com reserves the right to, prior to performing the duties arising from the agreement, ask Client to pay a retainer. This retainer will be deducted from the latest invoice. Retainers should be paid as soon as possible.
- Payment of invoices should be carried within fourteen (14) days after the invoice-date, in a way to be laid out by Worthumb.com and paid in the currency stated on the invoice.
- If the fourteen (14) days after the invoice-date have elapsed without payment, Client is automatically considered to be in default without any further notice required.
- As soon as Client is in default. Client owes Worthumb.com interest of 1% per month over the payments due, unless the legal interest-rate is higher in which case the legal interest-rate applies. All in- and out-of-court-costs necessarily incurred by Worthumb.com are to be reimbursed by Client. In which case Client owes at least 15% of the total payment due with a minimum-amount of €75,00 (seventy-five euro). If the actual costs made by Worthumb.com exceed the previously mentioned amount, these costs are also to be reimbursed by Client. If Client is a consumer the legal regime is applied.
- In the case of liquidation, bankruptcy or suspension of payments from the Client any claims from Worthumb.com and other obligations from client immediately fall due.
- Any payments by Client always are in the first place regarded as payments towards all owed interest and costs, and in the second place regarded as payment towards the owed invoices with the earliest due-dates, even if the Client specifies that payment refers to a later invoice.
- Worthumb.com reserves the right to deny full amortization if the owed interest and other costs are not also reimbursed.
- If Client refers to multiple entities or companies, these parties will all be jointly held to fulfill the obligations arising from the agreement with Worthumb.com and its context.
Suspension and termination of the agreement
- If Client remains in default with regard to her duties arising from the agreement, Worthumb.com, without prejudice to the provisions contained in the agreement, has the right to terminate the agreement out-of-court by means of a registered letter. Termination will only occur after the Client has been declared to be in default and has been given a reasonable time to rectify her shortcoming.
- Furthermore Worthumb.com has the right to, without any reminder or declaration of default required, terminate the agreement as a whole or partially effective immediately out-of-court via a registered letter if:a. Client has filed for a suspension of payments or if such a request has already been granted;b. Client has filed for bankruptcy or if Client has been declared bankrupt;c. The Client’s company is liquidated;d. An important or significant part of Client’s company has been acquired by another party;e. Client’s current undertaking ceases its activities.f. Beyond control of Worthumb.com a significant amount of Client’s equity has been confiscated or if it otherwise becomes clear that Client can no longer be expected to perform her duties corresponding the agreement.
- Payments that Worthumb.com has billed Client before termination of the agreement and for which Worthumb.com has already undertaken activities, remain unaffected by the termination of the agreement and are immediately due with the termination of the contract.
- If Client, after being declared in default, does not perform any obligation in time, Worthumb.com shall be entitled to suspend performing its obligations, without being required to compensate the subsequent damages. Worthumb.com is also entitled to do so; on the basis of the circumstances covered in paragraph 2 of this article.
- Client can, if he is to be regarded a consumer according to the current legal regime, return a bought product within fourteen (14) days after delivery without giving any reason. Worthumb.com is in such a case legally obliged to reimburse the full price including the charged shipping-costs within fourteen (14) days after Client has indicated her exercise of this right. The shipping-costs for returning of the product shall be borne by the Client. Customers are legally entitled to register a product for return within 14 days of receipt without giving any reason. After this notification, the customer has 14 days to actually return the product.
- The provisions in the preceding paragraph shall not apply in the case of custom-made products.
- Returning goods as mentioned in paragraph 5 of this article is also not possible in the case that the product:a. cannot be returned by their nature;b. quickly spoils or ages;c. Is subject to price of which is tied to fluctuations in the financial market on which the trader has no influence;d. is a hygienic products where the consumer has broken the seal.e. Is an audio, video recording, or computer software, for which the customer has broken the seal.
- Client shall return the products as mentioned in paragraph 5 of this article within fourteen (14) days after the notification of return.
- Worthumb.com reserves the right to suspend the in the preceding paragraph mentioned payment until the shipped product has actually been received.
- Further details and terms about the return policy can be found on the webstore of Worthumb.com
Liability & Warranty
- If Worthumb.com is held liable for damages the liability is limited to the reimbursement of the direct damages and limited to the maximum price stated on the invoice. Direct damages are comprised of exclusively: a. The reasonable costs for determining the cause and size of the damage, as long as the determining sees to damages as mentioned in these general terms and conditions;b. Possible reasonable costs made to make the inadequate efforts of Worthumb.com conform to the standards resulting from the agreement, unless the defects can not be attributed to Worthumb.com.c. Reasonable costs, made to limit or prevent damages, as long as Client demonstrates that these costs have led to the actual limiting and preventing of damages as referred to in these general terms and conditions.
- Worthumb.com is never liable for any indirect or collateral damage, including consequential damages, loss of profit, missed savings, and damages because of stagnation.
- All products which have their own authorized Technical Assistance network will remain subject to the terms, conditions and procedures of the guarantees established for these.
- As a general rule, Worthumb.com offers a 1 to 2 years offered by the manufacturer from the date of delivery except in the case of perishable products or health and hygiene products. Defects caused by negligence, hits, misuse or tampering, wrong voltage or installation, or wear and tear, are not included. In the case of IT products, the guarantee does not cover virus removal, program restoration or disc re-installation. In the case of incidents where a claim on the guarantee is justified, the product will be repaired, replaced, returned, or have its price reduced, in compliance with the law which only covers any manufacturing defects the product may have.
- The limits of liability in these terms and conditions for direct damages are not applicable if the damages are the result of intent or negligence by Worthumb.com.
- Not included in the guarantee:
Defects caused by negligence, hits, misuse, tampering, wrong voltage or installation, or wear and tear, are not included.
In the case of computer products, the guarantee does not cover virus removal, software recovery for this reason or hard disk re-installation after formatting.
- Any defects or products that are delivered incorrectly must be reported to Worthumb.com within 24 hours after delivery. Return of the products must be done in the original packaging and in new condition.
- The warranty period of Worthumb.com corresponds to the factory warranty period. However, Worthumb.com is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- CHUWI 1 YEAR CARRY-IN WARRANTY:
LIMITED PRODUCT WARRANTY
CHUWI warrants the original purchaser that your CHUWI product shall be free from defects in materials and workmanship under normal use for a period aforementioned. CHUWI does not warrant the operation of the product will be uninterrupted or error-free. CHUWI is not responsible for damage arising from failure to follow instructions relating to the product’s usage.
If a hardware defect is found and a valid claim is received by CHUWI within the Limited Warranty Period, CHUWI will, at its option and to the extent permitted by law, either
(1)repair the product at no charge, using new or refurbished replacement parts or,
(2)replace the product with a new or refurbished product.
In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the products are sold by authorized Marketplace sellers, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware product or parts will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
HOW TO OBTAIN WARRANTY SERVICE
A Warranty Service Order must be requested from CHUWI within Limited Warranty Period from the date of receipt of shipment. To request a Warranty Service Order, contact CHUWI Service Team firstname.lastname@example.org. To obtain warranty service, you must deliver the product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by CHUWI. In accordance with applicable law, CHUWI may require the customer to furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the product. It is likely that such data, software, or other materials will be lost or reformatted during service, and CHUWI will not be responsible for any such damage or loss.
EXCLUSIONS AND LIMITATIONS
This Limited Warranty applies only to the product manufactured by or for CHUWI, that can be identified by the “CHUWI” trademark, trade name, or logo affixed to it, and purchased from CHUWI authorized Marketplace sellers. The Limited Warranty does not apply to any (a) Damage due to acts of nature, for example, lightning strikes, tornadoes and the like; (b) Negligence; (c) Commercial use; (d) Modifications to any part of the Product; (e) Damage caused by use with non-CHUWI products; (f) Damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (g) Damage caused by operating the Product outside the permitted or intended uses described by CHUWI or with improper voltage or power supply; or (h) Damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of CHUWI. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. No CHUWI reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
Except to the extent prohibited by applicable law, all implied warranties (including warranties of merchantability and fitness for a particular purpose) shall be limited in duration to the duration of this limited warranty. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
LIMITATION OF DAMAGES
Except to the extent prohibited by applicable law, CHUWI shall not be liable for any incidental, indirect, special, or consequential damages, including but not limited to loss of profits, revenue or data, resulting from any breach of express or implied warranty or condition, or under any other legal theory, even when CHUWI has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- The guarantee shall not apply if:
a. The consumer has repaired and/or edited the delivered products themselves or has been repaired and/or processed by third parties;
b. If any detail of the guarantee or the proof of purchase is modified, altered or replaced; and/or
c. If the identification number or the guaranteed product is tampered with or repaired without prior authorization by Worthumb.com.
d. When there is loss or falsification of any of the manufacturer’s control labels and/or of the distribution chain intermediaries and/or Worthumb.com.
e. The products delivered are exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the accompanying manual, accidents, inappropriate use, knocks, breakages, accidents or breakdowns produced by other causes which are not attributable to normal conditions of use.
f. When used in unsuitable environments (ie., dusty, exposed to direct sunlight, vibrations, extreme temperatures, extremes of humidity and when using power outlets without earthing, or without protection against electrical surges).
g. When the installed software is used inappropriately or illegal software is used.
h. When damage is caused as a consequence of a virus or computer attack.
i. When the existing life cycle is shorter than the established guarantee. .
j. The product presented as defective has no real defect.
k. The inadequacy is wholly or partly the result of rules which the Government has set or will set in respect of the nature or quality of the materials used.
l. The published images of perfumery products may, on some occasions, not correspond to the format provided by the manufacturers. The manufacturers reserve the right to change the packaging and product format without prior notification.
- Worthumb.com can, until Client has satisfied her obligations towards Worthumb.com regarding payment of amounts due, hold all received or generated things, products, economic rights, data, documents, databases and (interim) results despite an obligation to deliver.
- Unforeseen circumstances, from whichever nature or kind, including mobilization, threat of war, State intervention, labor strike, occupation, transport strikes, fire, flood, non-compliance or late delivery by third parties on which Worthumb.com is dependent for performance of the contract, which constitute that the assignment can no longer be performed timely or not at all without a disproportionate burden or costs, will constitute force majeure for Worthumb.com. The same is true if Worthumb.com is confronted with unexpected illness or accident of employees or third-parties that cannot reasonably be expected to be replaced within short term.
- If one of the circumstances mentioned in the preceding paragraph occurs, the Client will allow Worthumb.com a reasonable time to perform the agreed upon performance after all.
- In case of a force majeure any liability for damages by Worthumb.com is eliminated. Parties will not use their right to termination for a time of three (3) months after the force majeure is in effect, unless parties agree upon a longer term for performing their duties.
- If Worthumb.com as the force majeure sets in has already partially performed according to her duties, or can only partially perform according to her duties, Worthumb.com is entitled to bill the already performed part of the agreement separately. Client is obligated to regard this partly performed part of the agreement as an entirely new separated agreement. This is not applicable if the already performed part of the agreement is of no economic significance.
- Both parties are obliged to secrecy with regard to all confidential information that they receive or collect from each other with regard to the agreement. Information is to be regarded as confidential if one party declares it as such or if this results from the nature of the information.
- Worthumb.com shall only use the personal data of Client or make this data available to third parties if this is necessary for the proper execution of the agreement.
Deficiencies and complaints
- Complaints about the performed activities or services shall be lodged with Worthumb.com in writing by Client within fourteen (14) days after the completion or delivery of said activities or services. For consumers a different term is used, within six (6) months after delivery. Worthumb.com will take all complaints under advisement within fourteen (14) days.
- If a complaint is found legitimate Worthumb.com shall carry out the agreed upon activities or services. Unless Client demonstrates that this has become useless to her. Client will have to notify Worthumb.com in writing of the previously mentioned.
- Complaints lodged with Worthumb.com are answered within fourteen (14) days after the complaint has been received by Worthumb.com. If a complaint will take a foreseeable longer time to address Worthumb.com will answer within fourteen (14) days with an acknowledgement of receipt and an indication of when the consumer can expect to receive a more elaborate answer.
- If a complaint can not be solved with mutual agreement a dispute arises that is susceptible to the dispute settlement.
- Disputes may be submitted to the arbitration commission. The costs related to submitting a dispute to the commission are to be paid by the consumer. It is also possible to submit a dispute via the European Online Dispute Platform. (http://ec.europa.eu/odr)
- The lodging of a complaint does not suspend the duties of Worthumb.com unless Worthumb.com indicates otherwise in writing.
- If a complaint is considered warranted by Worthumb.com, Worthumb.com will either repair or replace the delivered products without billing additional costs.
- If the performing of the agreed upon service no longer is possible or useful, Worthumb.com will only be liable within the limits of Article 8 of these general terms and conditions.
Applicable law and choice of court
- On all of the by Worthumb.com made and to be made agreements Dutch law is applicable.
- All disputes – under which included those that are only regarded as such by one party – which originate as a result of an agreement upon which these terms and conditions are (partly) applicable, or are a result from such an agreement, shall be settled by the competent court in the location of Worthumb.com, unless a legal provision prohibits this. This does not prohibit Worthumb.com to agree with Client to settle the dispute by means of an independent arbitration commission.
Copyright & Trade marks
- All content included on this site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of Worthumb.com or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Worthumb.com, with copyright authorship for this collection by Worthumb.com, and protected by international copyright laws.
- Worthumb.com’s trademarks and trade dress may not be used in connection with any product or service that is not Worthumb.com’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Worthumb.com. All other trademarks not owned by Worthumb.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Worthumb.com or its subsidiaries.
- If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Worthumb.com and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Terms & Conditions version 1.3 Date: 29-12-2020