GENERAL CONDITIONS OF WAX POETICS
These general conditions are applicable to all agreements that you conclude with WP Media B.V. (hereinafter referred to as: “Wax Poetics”).
Account - The personal overview page of a Member on the Wax Poetics Platform, which can be accessed after registration and after a Member has logged in to the Platform.
Wax Poetics - The private limited liability company WP Media B.V., trading under the name "Wax Poetics" (KvK: 78606683).
Member - The natural person who uses a Membership. By becoming a Member you get access to the Wax Poetics Platform.
Content - All texts, blogs, images, videos, graphics, software, music, audio, information or other materials posted on the Platform by Wax Poetics and/or its users.
Service(s) - All services, including Memberships, offered by Wax Poetics on the Platform.
Platform - The platform developed by Wax Poetics and accessible via the website www.waxpoetics.com and its social media.
Membership(s) - Memberships include the Digital Membership and the Full Membership of Wax Poetics.
Digital membership - The Membership that gives the right to use the Content on the Platform against periodic payment, including Fresh weekly Content drops, podcasts, back catalog classics, classic and fresh mixes and access to our community and Member benefits.
Full membership - The Membership that entitles you to two signature print journals delivered to your door each year, access to all content on the Platform, including Fresh weekly Content drops, podcasts, classic and fresh mixes and access to our community and Member benefits.
Article 1 - Applicability
- These general conditions apply to all Wax Poetics products and services, the use of the Account and the Platform.
- Wax Poetics explicitly rejects the applicability of any other general conditions.
- Wax Poetics reserves the right to change these general conditions at any time. Do you disagree with the changes? You can let us know within 14 days after notification via firstname.lastname@example.org, so that the originally agreed conditions remain in force. No response within this period? Then you have agreed to the applicability of the revised general conditions.
- The purchase of products and/or services through the Platform is only permitted to adults. If you are not yet an adult, please have your parent or legal guardian place an order on your behalf. By purchasing products and/or services through the Platform, you declare that you are of legal age.
Article 2 - Agreement
- The agreement is concluded when you proceed to purchase products and / or services from Wax Poetics. You will always receive an order confirmation from Wax Poetics at the email address you provided.
- The agreement is concluded at the moment you proceed to purchase products and/or services from Wax Poetics. You will receive an order confirmation from Wax Poetics at the e-mail address you have provided.
- You are obliged to pay the price that Wax Poetics has stated in its order confirmation unless you cancel within the 7-day free trial period. Wax Poetics is at all times authorized to correct obvious clerical errors in an agreement/order confirmation.
- Wax Poetics may charge on price increases resulting from government measures, suppliers or otherwise.
- Wax Poetics is at all times authorized to (temporarily) block and/or remove your Account and/or Membership in case of (the suspicion of) fraud or other unlawful behavior.
Article 3 - Membership
- Are you a Member? Then your Membership is linked to your Account on the Platform.
- A Membership is concluded for the period of one year and cannot be terminated prematurely. After one year your Membership will be automatically renewed unless cancelled.
- Do you want to cancel your Monthly Digital Membership? You can cancel your Monthly Digital Membership at any time via your Account on the Platform, with due observance of a one-month notice period. When the cancellation is processed, you will receive a confirmation email. The notice period always commences on the 1st of the following month.
- Do you want to cancel your Annual Membership? You can cancel your Annual Membership at any time via your Account on the Platform. When the cancellation is processed, you will receive a confirmation email.
- If you have cancelled your Membership, your Account on Wax Poetics will continue to exist.
- Your Membership is strictly personal and non-transferable. This means that your access data to the Wax Poetics Platform is confidential and cannot be shared with others. Wax Poetics is authorized at all times to (temporarily) block and/or remove your Account and therefore your Membership in the event of (the suspicion of) fraud or other unlawful behavior.
Article 4 - Payment
- When you sign up for a Membership, payment is only possible via Credit Card of apple pay. The amount due is then debited by Wax Poetics after the 7-day free trial period has ended.
- If you are on a Monthly Digital Subscription this will be deibted in advance every month at the change of the month. Therefore, always make sure that there are sufficient funds in your account. Would you prefer to pay the amount in one go at the start of your Membership? This can be done via IDeal or Credit Card.
- When you order products from Wax Poetics, these products must be secured by you in advance by one of the digital payment methods (SEPA direct debit, iDEAL and Credit Card).
- Wax Poetics has the right to make price changes. Wax Poetics will inform you of this.
- You are not authorised to suspend and/or set off any amounts owed to Wax Poetics, on any grounds whatsoever.
- If you do not pay the amount due within the specified period (in full), Wax Poetics will send you a reminder, giving you the opportunity to pay within 14 days. If you fail to pay within this period, you will be in default without further notice.
- If you fail to pay after a reminder, Wax Poetics will proceed to legal collection. In that case, in addition to the due principal and interest, you will also be liable for full compensation of extrajudicial and judicial costs, including collection costs of at least 15% of the amount due, with a minimum of EUR 40.
- Payment of outstanding amounts shall first be deducted from the costs, then from the statutory (commercial) interest and finally from the principal sum.
- Wax Poetics is entitled to suspend its performance and/or unilaterally dissolve the agreement if you fail to meet your payment obligation.
Article 5 - Delivery (period) and transfer of risk for products
- When ordering products, including the delivery of two signature print journals, an estimated delivery time is given. This delivery time is indicative only and exceeding the stated delivery time does not entitle you to compensation.
- When a product is delivered to the given delivery address, including the address of a neighbor/package pickup point, the risk is transferred to you. This means that from that moment on, Wax Poetics is no longer liable for any loss or damage to the delivered product. Wax Poetics is not responsible or in any way liable for the performance of delivery partners.
Article 6 – Cancellation
- Wax Poetics offers you the possibility to cancel your Membership free of charge within 14 days after the activation of your Membership. You can also cancel other services from Wax Poetics within 14 days.
- If you cancel a service in accordance with these Wax Poetics cancellation conditions, any amounts paid will be refunded within 14 days of cancellation. Did you already use the Wax Poetics services? Then you only owe Wax Poetics the amount that you used for the Services. This amount is deducted from the amount you paid Wax Poetics.
- Did you order a product, but have regrets about your purchase? You may cancel your order within 14 days of receiving the product. You can cancel the product by sending an e-mail to email@example.com. Have you paid for a full subscription? Please contact us on firstname.lastname@example.org and we get back to you with a solution!
- After cancelling a product you have 14 days to return the product to the Wax Poetics return address mentioned on the Platform. Delivered products must always be returned in the original shipping packaging. The costs associated with the return are to be paid by you.
- A product cannot be cancelled if you have broken the seal of a product, if you have ordered personalized products or if the products are not suitable to be returned for hygienic reasons. You must not have used the product and it must be undamaged.
Article 7 - Complaints and warranties
- Do you have a complaint about a Wax Poetics product or service? Please inform Wax Poetics via email@example.com not later than 14 days after the incident. After receiving your complaint, Wax Poetics will contact you as soon as possible!
- In case Wax Poetics agrees with your complaint, Wax Poetics will, at its own discretion, repair the product, replace it with a (similar) product and/or offer a (similar) Service, or refund (part of) the purchase price to you.
- All products are offered by Wax Poetics without any form of warranty. If the products delivered by Wax Poetics come with a factory warranty, then you accept that these warranty conditions apply. This warranty does not apply if you have used a product carelessly and/or incorrectly, or if you have repaired or modified the product.
- No warranty is provided for services from Wax Poetics. Wax Poetics does not guarantee that the Content on its Platform will function without errors and/or interruptions.
Article 8 - Liability
- If you suffer damage because of a Wax Poetics product or service, then the liability of Wax Poetics is limited to the invoice value of the product or service in question, with a maximum of EUR 500. Do you act in the practice of a profession or business? Then Wax Poetics excludes any liability.
- Wax Poetics is never liable for indirect damage or for damage caused by you using a product incorrectly.
- Wax Poetics does not accept any liability for Third Party Services offered through the Platform.
- The Wax Poetics Platform may contain hyperlinks to third-party web sites. Wax Poetics is not responsible and therefore cannot be held liable for the content of these web sites or the products and/or Services offered thereon.
Article 9 - Intellectual property rights and privacy
- Wax Poetics is the owner of all intellectual property rights and all Content placed on the Platform by you or by Wax Poetics. Therefore, you may never copy and/or disclose (parts of) the Platform and/or the Content without the prior written consent of Wax Poetics.
- Do you violate the intellectual property rights of Wax Poetics? Then Wax Poetics has the right to claim an immediately payable fine of EUR 500 for each day that the infringement continues, with a maximum of EUR 10.000. Wax Poetics can also claim damages in addition to the fine.
- All data you provide to Wax Poetics is treated strictly confidentially and in accordance with the current General Data Protection Regulation. For a complete overview of how Wax Poetics handles your privacy see www.waxpoetics.com/privacystatement
Article 10 - Other provisions
- The legal relationship between you and Wax Poetics is governed by Dutch law.
- If a dispute should ever arise between you and Wax Poetics, this dispute will be settled by the Amsterdam court.
- If one or more provisions of these general conditions are null and void or annulled, then the remaining provisions of these general conditions remain valid. Wax Poetics and you will then consult together to agree on a new provision to replace the void or voided provision, taking into account as much as possible the purpose and intent of the original provision.