Terms and Conditions

Terms and Conditions

 

Table of contents:

Article   1 – Definitions

Article   2 – Identity of the business

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 – Price

Article 10 – Delivery and performance

Article 11 – Ongoing transactions: term, termination and renewal

Article 12 – Payment

Article 13 – Complaints procedure

Article 14 – Disputes

Article 15 – Supplementary or alternative provisions

 

Article 1 – Definitions

These terms use the following definitions:


  1. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the business;
  3. Day: calendar day;
  4. Continuing transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or acceptance obligations are spread over time;
  5. Durable medium: any means that enables the consumer or business to store information addressed to them personally 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 withdrawal form: the model withdrawal form provided by the business, which a consumer can complete if they wish to exercise their right of withdrawal.
  8. Business: the natural or legal person who offers products and/or services remotely to consumers;
  9. Distance contract: an agreement concluded within the framework of an organized system for the distance sale of products and/or services, up to and including the conclusion of the agreement, using exclusively one or more means of distance communication;
  10. Means of distance communication: a means that can be used to conclude an agreement without the consumer and the business being in the same place at the same time.
  11. Terms and Conditions: these Terms and Conditions of the business.

Article 2 – Identity of the business

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 terms and conditions apply to every offer made by the business owner and to every distance contract concluded and every order placed between the business owner and the consumer.
  2. Before the distance contract is concluded, the text of these 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 terms and conditions can be inspected at the business owner's premises and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, by way of exception to the previous paragraph and before the distance contract is concluded, the text of these 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 terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or by other means, at the consumer's request.
  4. If specific product or service terms and conditions also apply in addition to these general terms and conditions, paragraphs two and three shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
  5. If one or more provisions of these terms and conditions are wholly or partially void or are annulled at any time, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced without delay by mutual agreement with a provision that comes as close as possible to the intent of the original.
  6. Situations not covered by these terms and conditions shall be assessed in accordance with the spirit of these 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 terms and conditions.

 

Article 4 – The offer

  1. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
  2. The offer is non-binding. The business owner is entitled to amend and modify 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-to-life representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.
  4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Images of products are a true-to-life representation of the products offered. The trader cannot guarantee that the colors shown exactly match the actual colors of the products.
  6. Each offer contains information that makes clear to the consumer what rights and obligations are associated with accepting the offer. This concerns, among other things,
    in particular:
  • the price including taxes;
  • any shipping costs; 

 

Country Delivery time Shipping costs 
Netherlands 1-3 business days € 3.99 - Free shipping on orders over €30
Belgium 1-3 business days € 6.99 - Free shipping on orders over €30
Luxembourg 2-3 business days € 9.99- Free shipping on orders over €30
Germany 2-3 business days € 6.99 - Free shipping on orders over €30
Austria 2-4 business days € 7.99 - Free shipping on orders over €30
France 2-4 business days € 8.99 - Free shipping on orders over €30
Italy 3-5 business days € 9.99- Free shipping on orders over €30
Spain 3-5 business days € 9.99- Free shipping on orders over €30
Portugal 3-5 business days € 11.99- Free shipping on orders over €30
Poland 3-5 business days € 9.99 - Free shipping on orders over €30
Czechia 3-5 business days € 9.99 - Free shipping on orders over €30
Ireland 5-7 business days € 12.99- Free shipping on orders over €30
United Kingdom 3-6 business days € 11.99- Free shipping on orders over €30
Finland 4-8 business days € 14.99- Free shipping on orders over €30
Denmark 2-4 business days € 14.99- Free shipping on orders over €30
Sweden 3-6 business days € 14.99- Free shipping on orders over €30
Norway 6-8 business days € 14.99- Free shipping on orders over €30

 

 

  • how the agreement will be concluded and what steps are 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 during which the trader guarantees the price;
  • the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the standard rate for the means of communication used;
  • whether the agreement will be archived after it has been concluded and, if so, how the consumer can access it;
  • how the consumer can check and, if desired, correct the data provided by them in connection with the agreement before concluding it;
  • any other languages, in addition to Dutch, in which the agreement can be concluded;
  • the codes of conduct to which the trader has committed and how the consumer can consult these codes of conduct electronically; and
  • the minimum term of the distance contract in the case of a continuous transaction.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set for it.
  2. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. Until the trader has confirmed receipt of this acceptance, the consumer may cancel the agreement.
  3. If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
  4. Within the limits of the law, the trader may check whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has good reason not to enter into the agreement, the trader is entitled to reject 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 in an accessible manner on a durable medium:
  6. the physical address of the trader’s establishment where the consumer can submit complaints;
  7. the conditions and procedure for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
  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 performing the agreement;
  10. the requirements for terminating the agreement if the agreement lasts for more than one year or is of indefinite duration.
  11. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
  12. Every agreement is entered into subject to the condition precedent that the relevant products are sufficiently available.

 

Article 6 – Right of withdrawal

For the delivery of products:

  1. When purchasing products, consumers have the right to cancel the agreement without giving a reason within 30 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the trader, receives the product.
  2. During the withdrawal period, the consumer must handle the product and its packaging with care. They may unpack or use the product only to the extent necessary to determine 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 their right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must give notice using the model withdrawal form or another means of communication, such as email. After notifying the trader of their intention 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 postage.
  4. If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not indicated their intention to exercise their right of withdrawal or has not returned the product to the trader, the sale is final.

When services are provided:

  1. When services are provided, the consumer has the right to terminate the agreement without giving a reason for at least 14 days, starting on the day the agreement is concluded.
  2. To exercise their 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 their right of withdrawal, the trader will bear no more than the costs of returning the product.
  2. If the consumer has paid an amount, the trader will refund it as soon as possible, but no later than 14 days after withdrawal. This is subject to the product having already been received back by the online retailer or the consumer providing conclusive proof that it has been returned in full. The refund will be made using the same payment method the consumer used, unless the consumer expressly agrees to a different payment method.
  3. The consumer is liable for any reduction in the product’s value caused by damage resulting from the consumer’s careless handling of the product.
  4. The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all the information about the right of withdrawal required by law. This must be done before the purchase 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. The right of withdrawal may only be excluded if the trader has clearly stated this in the offer, or at least in good time before the agreement is concluded.
  2. The right of withdrawal may only be excluded for products:
  3. that have been made by the trader in accordance with the consumer’s specifications;
  4. that are clearly personal in nature;
  5. that cannot be returned by their nature;
  6. that can spoil or become outdated quickly;
  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 seals the consumer has broken.
  10. for hygiene products whose seals the consumer has broken.
  11. The right of withdrawal may only be excluded 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. where delivery has begun, with the consumer’s express consent, before the cooling-off period has expired;
  14. relating to bets 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 exception to 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 exposure to fluctuations and the fact that any prices quoted are indicative prices will be stated in the offer.
  3. Price increases within 3 months after the agreement is concluded are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the agreement is concluded are only permitted if the trader has stipulated this and:
  5. they are the result of statutory regulations or provisions; or
  6. the consumer has the right to terminate the agreement effective from 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 trader is not obliged to supply the product at the incorrect price.


Article 10 – Delivery and performance

  1. The trader will exercise the utmost care when receiving and processing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address the consumer has provided to the company.
  3. Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders promptly and 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 only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without charge. The consumer is not entitled to compensation.
  4. All delivery times are indicative. Consumers cannot derive any rights from any stated time limits. Exceeding a time limit does not entitle the consumer to compensation.
  5. In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, and no later than 14 days after termination.
  6. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. At the latest upon delivery, the consumer will be clearly and understandably informed that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs will be borne by the trader.
  7. The risk of damage to and/or loss of products rests with the trader until they are delivered to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 11 – Ongoing transactions: term, termination and renewal

Termination

  1. Consumers may terminate an agreement concluded for an indefinite period and covering 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 cancel an agreement entered into for a fixed term and providing for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, in accordance with the cancellation rules agreed for this purpose and by giving no more than one month’s notice.
  3. The consumer may cancel the agreements referred to in the previous paragraphs:
  • cancel at any time and not be restricted to cancellation at a specific time or during a specific period;
  • cancel at least in the same way as they entered into the agreement;
  • cancel at any time by giving the same notice period as the trader has stipulated for itself.

Renewal

  1. An agreement entered into for a fixed term and providing for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
  2. By way of exception to the previous paragraph, an agreement entered into for a fixed term and providing for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, if the consumer may cancel the renewed agreement at the end of the renewal period by giving no more than one month’s notice.
  3. An agreement entered into for a fixed term and providing for the regular delivery of products or services may be tacitly renewed for an indefinite term only if the consumer may cancel it at any time by giving no more than one month’s notice, or no more than three months’ notice if the agreement provides for the regular delivery of daily, news and weekly newspapers and magazines less than once a month.
  4. An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for familiarization purposes (trial or introductory subscription) will not be renewed tacitly and will end automatically when the trial or introductory period expires.

Term

  1. If an agreement lasts for more than one year, the consumer may cancel it at any time after one year by giving no more than one month’s notice, unless reasonableness and fairness preclude cancellation 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 to provide 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 the consumer’s failure to pay, the business is entitled, subject to statutory limitations, to charge the reasonable costs previously disclosed to the consumer.

Article 13 – Complaints procedure

  1. The business has a complaints procedure that has been adequately publicized and handles complaints in accordance with this procedure.
  2. Complaints about the performance of the agreement must be submitted to the business within 2 months of the consumer discovering the defects and must be described fully and clearly.
  3. Complaints submitted to the business will be answered within 14 days of receipt. If a complaint requires a longer processing time, the business will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that may be submitted to the dispute resolution procedure.

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

  6. A complaint does not suspend the business’s obligations unless the business states otherwise in writing.
  7. If the business finds a complaint to be justified, it will, at its discretion, 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 apply are governed exclusively by Dutch law, even if the consumer resides abroad.
  2. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

 

Article 15 – Supplementary or alternative provisions

Supplementary or alternative provisions that deviate 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 data carrier.

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