Terms of service

General Terms and Conditions

Business to Consumer (B2C)

Technische Handelmaatschappij J. de Wild B.V.

Contents
Article 1 - Definitions
Article 2 - Seller's Identity
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - The Price
Article 9 - Conformity and Warranty
Article 10 - Delivery and Execution
Article 11 - Payment
Article 12 - Complaints Procedure
Article 13 - Disputes
Article 14 - Additional or Deviating Provisions
Model Withdrawal Form

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. *Reflection period*: The period within which the consumer can exercise their right of withdrawal.
2. *Consumer*: The natural person who does not act for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the seller.
3. *Right of Withdrawal*: The consumer's option to cancel the distance contract within the reflection period.
4. *Model Withdrawal Form*: The European model withdrawal form set out in Annex I.
5. *Seller*: J. de Wild B.V., also trading under the names GTM Professional / Silky Europe / Okatsune Europe.
6. *Distance Contract*: A contract concluded between the seller and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
7. *General Terms and Conditions*: These general terms and conditions of the seller.

**Article 2 - Seller's Identity**
The private limited company Technical Trading Company J. de Wild B.V., having its registered office at Spectrum 38 (4706 NM) in Roosendaal (NL);
Phone number: +31(0)165532992
Email address: info@gtmprofessional.com / support@silky-europe.com / info@okatsune-europe.com
Chamber of Commerce number: 20038295
VAT identification number: NL004349209B01

Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the seller and to every distance contract and orders concluded between the seller and the consumer.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the seller will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the seller's premises and that they will be sent free of charge at the consumer's request as soon as possible.
3. 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 can 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, before concluding the distance contract, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. If, besides these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or are nullified, the agreement and these terms and conditions will remain in force and the relevant provision will be replaced in consultation as soon as possible by a provision that approaches the purport of the original as closely as possible.
6. Situations not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these general terms and conditions.
8. The seller is entitled to amend or supplement these general terms and conditions.

Article 4 - The Offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. Offers shall be valid while stocks last.
2. Every offer will contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The Agreement
1. The agreement is concluded, subject to the provisions in paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set.
2. If the consumer has accepted the offer electronically, the seller will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the seller, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the seller will take appropriate technical and organizational measures to protect the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the seller will observe the necessary security measures.
4. The seller can - within the law - inform himself about the consumer's ability to fulfil his payment obligations, as well as about facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the seller has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The seller will send the

consumer, at the latest upon delivery of the product, the following information in writing:
a. the visiting address of the seller's place of business where the consumer can go with complaints;
b. 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;
c. information about guarantees and existing after-sales service;
d. the price including all taxes on the product, delivery costs, and the method of payment, delivery or performance;
6. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
7. Cancellation of a confirmed order is only possible if the consumer contacts the seller by phone during office hours (inside sales department). Based on the status of the respective order, it will be assessed whether it is still possible to cancel the shipment.

Article 6 - Right of Withdrawal
1. In the case of the purchase of products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This reflection period starts on the day after receipt of the product by the consumer or a previously designated and notified representative of the seller.
2. During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
3. When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the seller within 14 days after receiving the product. The consumer must make this known by means of the model withdrawal form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example by means of proof of dispatch.
4. If the customer has not made it known that he wishes to make use of his right of withdrawal after the expiry of the periods referred to in paragraphs 1 and 3, the sale is a fact.

Article 7 - Costs in Case of Withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return will be borne by the consumer.
2. If the consumer has paid an amount, the seller will refund this amount as soon as possible but no later than 14 days after the withdrawal. This is conditional on the condition that the product has already been received back by the seller or conclusive proof of complete return can be provided. The refund will be made via the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
4. In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
5. The consumer cannot be held liable for any depreciation of the product if the seller has not provided all legally required information about the right of withdrawal before concluding the purchase agreement; this must be done before the conclusion of the purchase agreement.

Article 8 - The Price
1. During the period mentioned in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.
2. The prices mentioned in the range of products are in EURO, including VAT. Delivery costs will be indicated separately.
3. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the seller is not obliged to deliver the product according to the incorrect price.

Article 9 - Conformity and Warranty
1. The seller guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal requirements and/or government regulations applicable on the date of the conclusion of the agreement.
2. A guarantee provided by the seller, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the seller on the basis of the agreement.
3. Any defects in new products or incorrectly delivered products must be reported to the seller in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition. The cost of returning a product under warranty is borne by the seller.
4. The seller's warranty period corresponds to the manufacturer's warranty period. The seller is not responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
a. The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
b. The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or have been contrary to the instructions of the Seller and/or have been treated on the packaging;
c. The defect is wholly or partly the result of regulations that the government will or has stipulated regarding the nature or quality of the materials used.

Article 10 - Delivery and Execution
1. The seller will take the greatest possible care when receiving and implementing orders for products.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders within 30 days at the latest, unless a different delivery period has been agreed. 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 no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to any compensation.
4. All delivery periods are indicative. No rights can be derived from any stated periods. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the company will endeavor to make a replacement item available. By delivery, it will be reported in a clear and comprehensible manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the company in this case.
7. The risk of damage and/or loss of products rests with the seller until the moment of delivery to the consumer or a pre-designated and the seller announced representative unless explicitly agreed otherwise.

Article 11 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid in advance. The seller offers various options for electronic payment.
2. If the consumer pays by credit card, the money will be debited immediately upon payment.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the seller without delay.
4. In the event of non-payment by the consumer, subject to legal restrictions, the seller has the right to charge the reasonable costs made known to

the consumer in advance.

Article 12 - Complaints Procedure
1. The seller has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the seller fully and clearly described within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the seller will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. A consumer must first turn to the seller with complaints.
5. A complaint does not suspend the seller's obligations, unless the seller indicates otherwise in writing.
6. If a complaint is found to be well-founded by the seller, the seller will, at its option, replace or repair the products supplied free of charge.

Article 13 - Disputes
1. Dutch law exclusively applies to agreements between the seller and the consumer to which these general terms and conditions apply. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
3. A consumer has the right to submit a dispute to the disputes committee via the ODR platform.

Article 14 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Model Form for Withdrawal
(this form should only be completed and returned if you wish to withdraw from the contract)
Return address:
De Wild B.V.
Elementweg 15
4706 NN Roosendaal (NL)
Email: support@de-wild.com

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/delivery of the following service (*),

— Ordered on (DD-MM-YYYY): — Order number:

— Received on (DD-MM-YYYY):

— Name(s) of consumer(s):

— Address of consumer(s):

— IBAN Bank Account Number:

— Consumer(s) signature (only if this form is submitted on paper)

— Date (DD-MM-YYYY):

(*) Delete as appropriate.