Terms and Conditions

General Terms and Conditions

 

Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in the event of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Delivery and performance

Article 11 – Continuing transactions: duration, termination and renewal

Article 12 – Payment

Article 13 – Complaints Procedure

Article 14 – Disputes

Article 15 – Supplementary or Deviating Provisions

 

Article 1 – Definitions

For the purposes of these terms and conditions:

1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Subscription contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form that the entrepreneur provides, which a consumer can complete when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more means of communication at a distance up to and including the conclusion of the agreement;
10. Means of communication at a distance: a means that can be used to conclude an agreement without the consumer and the entrepreneur being together in the same place at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Velihan (VD-commerce);

Semmelweisstraat 36, 2035ct Haarlem

Email address: Info@vd-commerce.com

Chamber of Commerce number: 74758136

VAT identification number: NL244653549B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the business and to every distance contract concluded and order placed between the business and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed that the general terms and conditions can be consulted at the business premises and that, at the consumer's request, they will be sent free of charge 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 may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that, at the consumer's request, they will be sent free of charge electronically or by other means.
4. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.
5. If one or more provisions of these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these terms and conditions shall otherwise remain in force, and the provision concerned shall be promptly replaced by mutual agreement with a provision that approximates the purport of the original provision as closely as possible.
6. Situations not provided for in these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

 

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer is non-binding. The business is entitled to modify and amend the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The trader cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in
   in particular:

• the price including taxes;
• any shipping costs; 
  
  

Country	Delivery time	Shipping costs
Netherlands	1–3 business days	€2.99 – Free shipping on orders over €30
Belgium	2–4 business days	€6.99 – Free shipping on orders over €30
Luxembourg	2–4 business days	€9.99 – Free shipping on orders over €30
Germany	2–4 business days	€6.99 – Free shipping on orders over €30
Austria	3–5 business days	€7.99 – Free shipping on orders over €30
France	3–5 business days	€8.99 – Free shipping on orders over €30
Italy	4–6 business days	€9.99 – Free shipping on orders over €30
Spain	4–6 business days	€9.99 – Free shipping on orders over €30
Portugal	5–7 business days	€11.99 – Free shipping on orders over €30
Poland	3–5 business days	€9.99 – Free shipping on orders over €30
Czech Republic	3–5 business days	€9.99 – Free shipping on orders over €30
Ireland	4–6 business days	€12.99 – Free shipping on orders over €30
United Kingdom	4–6 business days	€11.99 – Free shipping on orders over €30
Finland	4–8 business days	€14.99 – Free shipping on orders over €30
Denmark	4–8 business days	€14.99 – Free shipping on orders over €30
Sweden	4–8 business days	€14.99 – Free shipping on orders over €30
Norway	4–8 business days	€14.99 – Free shipping on orders over €30

 

• the manner in which the agreement will be concluded and the steps required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the agreement;
• the period for accepting the offer, or the period within which the trader guarantees the price;
• the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used;
• whether the agreement will be archived after it has been concluded and, if so, how the consumer can access it;
• the way in which the consumer can check and, if desired, correct the data provided by them in connection with the agreement before concluding the agreement;
• any other languages in which, in addition to Dutch, the agreement may be concluded;
• the codes of conduct to which the trader has committed and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance agreement in the case of a continuous transaction.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out with it.
2. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may cancel the agreement.
3. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
4. The trader may, within the statutory framework, ascertain whether the consumer can meet their payment obligations, as well as obtain information about all facts and factors relevant to entering into the distance agreement responsibly. If, based on this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
5. The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable medium:
6. the trader’s business address where the consumer can submit complaints;
7. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
8. information about warranties and existing after-sales service;
9. the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer before the agreement was performed;
10. the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.
11. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
12. Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

 

Article 6 – Right of withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the option to cancel the agreement without giving any reasons within 30 days. This cooling-off period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and notified to the trader.
2. During the cooling-off period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product to the trader with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
3. If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must do so using the model form or another means of communication, such as email. After notifying the trader that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing proof of dispatch.
4. If the customer has not notified the trader after the expiry of the periods referred to in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is final.

In the case of service provision:

5. In the case of service provision, the consumer has the option to terminate the agreement without stating reasons for at least 14 days, starting on the day the agreement is entered into.
6. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises the right of withdrawal, the trader will bear the return shipping costs up to the maximum amount.
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after cancellation. However, this is subject to the product having already been received by the online retailer or the consumer providing conclusive evidence of its complete return. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting reduction in the product's value.
4. The consumer cannot be held liable for any depreciation of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the sales agreement is concluded.

Article 8 – Exclusion of the right of withdrawal

1. The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at the latest in good time before the agreement is concluded.
2. Exclusion of the right of withdrawal is possible only for products:
3. that have been produced by the trader in accordance with the consumer’s specifications;
4. that are clearly personal in nature;
5. that by their nature cannot be returned;
6. that can deteriorate or age rapidly;
7. whose price is subject to fluctuations on the financial market over which the trader has no influence;
8. for individual newspapers and magazines;
9. for audio and video recordings and computer software whose seal has been broken by the consumer.
10. for hygienic products whose seal has been broken by the consumer.
11. Exclusion of the right of withdrawal is possible only for services:
12. relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
13. the delivery of which began with the consumer’s express consent before the cooling-off period had expired;
14. relating to betting and lotteries.

Article 9 – The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. By way of derogation from the previous paragraph, the trader may offer products or services at variable prices if their prices are subject to fluctuations on the financial market over which the trader has no influence. This link to fluctuations, and the fact that any prices stated are indicative prices, will be mentioned in the offer.
3. Price increases within 3 months after the agreement is concluded are permitted only if they result from statutory regulations or provisions.
4. Price increases from 3 months after the agreement is concluded are permitted only if the trader has stipulated this and:
5. this is the result of statutory regulations or provisions; or
6. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.
8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the business is not obliged to deliver the product at the incorrect price.

Article 10 – Delivery and performance

1. The business will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The delivery address is the address provided by the consumer to the company.
3. Subject to the provisions of paragraph 4 of this article, the company will process accepted orders with due haste, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can be fulfilled only partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from the periods stated. 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 business will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the business will make every effort to provide a replacement item. No later than upon delivery, it will be stated clearly and understandably that a replacement item is being supplied. The right of withdrawal may not be excluded for replacement items. The cost of any return shipment will be borne by the business.
7. The risk of damage to and/or loss of products rests with the business until the moment of delivery to the consumer or a representative designated in advance and made known to the business, unless expressly agreed otherwise.

Article 11 – Continuing transactions: duration, termination and renewal

Termination

1. The consumer may terminate an agreement concluded for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a fixed term that provides for the regular delivery of products (including electricity) or services at any time effective at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:

• terminate at any time and not be limited to termination at a specific time or during a specific period;
• terminate at least in the same manner in which they entered into it;
• always terminate with the same notice period as the business has stipulated for itself.

Extension

4. An agreement entered into for a fixed term that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. By way of derogation from the previous paragraph, an agreement entered into for a fixed term that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months if the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a fixed term that provides for the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement provides for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
7. An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.

Duration

7. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 12 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6(1) begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
2. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the business without delay.
3. In the event of non-payment by the consumer, the business has the right, subject to statutory limitations, to charge the reasonable costs previously disclosed to the consumer.

Article 13 – Complaints Procedure

1. The business has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the business in full and clearly described within 2 months after the consumer has identified the defects.
3. Complaints submitted to the business will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

5. It may always happen that something does not go entirely as planned. We recommend that you first notify us of complaints by emailing Info@velihan.nl. If this does not lead to a solution, you can submit your dispute for mediation through Stichting WebwinkelKeur via https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil. Since 15 February 2016, consumers in the EU have also been able to submit complaints via the European Commission’s ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being handled elsewhere, you are free to submit it via the European Union’s platform. 

6. A complaint does not suspend the business’s obligations, unless the business indicates otherwise in writing.
7. If a complaint is found to be justified by the business, the business will, at its discretion, either replace or repair the products supplied free of charge.

Article 14 – Disputes

1. Agreements between the business and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

 

Article 15 – Supplementary or Deviating Provisions

Supplementary or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.