Terms of service

General 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 contract

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 extension

Article 12 – Payment

Article 13 – Complaints procedure

Article 14 – Disputes

Article 15 – Additional or deviating provisions

 

Article 1 – Definitions

These terms and conditions mean:

 

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the business;
3. Day: calendar day;
4. Subscription: 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 business 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 business makes available, which a consumer can complete when wishing to exercise their right of withdrawal.
8. Business: the natural person or legal entity that offers products and/or services to consumers at a distance;
9. Distance contract: a contract concluded within the framework of an organised system for the distance sale of products and/or services, using exclusively one or more means of communication at a distance up to and including the conclusion of the contract;
10. Means of communication at a distance: a means that can be used to conclude a contract without the consumer and the entrepreneur being together in the same room 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@velihan.nl

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 entrepreneur and to every distance contract concluded and order placed between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the business premises of the entrepreneur 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, by way of derogation from 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 medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated 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. In the event that, 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 at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision concerned will be replaced without delay by mutual agreement with a provision that most closely reflects the purport of the original provision.
6. Situations not covered by these general terms and conditions must 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 must be interpreted in accordance with the spirit of these general terms and conditions.

 

Article 4 – The offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The trader is entitled to change 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 faithful 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 information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images of products are a faithful representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours 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, among other things,
   in particular:

• the price including taxes;
• any delivery costs;
• the way 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 medium used;
• whether the agreement will be archived after it has been concluded and, if so, how the consumer can consult 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 it;
• any other languages in which, in addition to Dutch, the agreement may be concluded;
• the codes of conduct to which the entrepreneur has subscribed and how the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance agreement in the case of a continuing 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 stipulated for it.
2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall provide a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
4. Within the limits of the law, the entrepreneur may determine whether the consumer can meet their payment obligations, as well as assess all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, the entrepreneur is entitled to refuse an order or application with reasons, or to attach special conditions to its performance.
5. The entrepreneur shall provide the consumer with the following information along with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable data carrier:
6. the visiting address of the entrepreneur’s establishment 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 regarding the exclusion of the right of withdrawal;
8. the information about guarantees and existing after-sales service;
9. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before performing the agreement;
10. the requirements for terminating the agreement if the agreement has a duration of 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 suspensive condition of sufficient availability of the products concerned.

 

Article 6 – Right of cancellation

For the delivery of products:

1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 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 business, receives the product.
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 cancellation, they must return the product to the business with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the business.
3. If the consumer wishes to exercise their right of cancellation, they must notify the business within 14 days of receiving the product. The consumer must provide this notification using the model form or another means of communication, such as email. After notifying the business that they wish to exercise their right of cancellation, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of cancellation or has not returned the product to the business, the purchase is final.

For the provision of services:

1. For the provision of services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.
2. To exercise their right of cancellation, the consumer must follow the reasonable and clear instructions provided by the business with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of cancellation

1. If the consumer exercises their right of cancellation, the business will bear the return shipping costs up to the applicable maximum.
2. If the consumer has paid an amount, the business will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the product having already been received by the online retailer or conclusive proof of complete return having been provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another 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 reduction in the product’s value if the trader has not provided all legally required information about the right of withdrawal before concluding the sales agreement.

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 exclusion of the right of withdrawal only applies 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 only possible 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 cannot be returned due to their nature;
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 hygiene products whose seal has been broken by the consumer.
11. Exclusion of the right of withdrawal is only possible for services:
12. concerning accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period;
13. where delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;
14. concerning bets and lotteries.

Article 9 – The price

1. During the period of validity 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 whose prices are subject to fluctuations on the financial market over which the trader has no influence, at variable prices. 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 of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the agreement has been concluded are only permitted if the trader has stipulated this and:
5. this results from statutory regulations or provisions; or
6. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
7. The prices stated in the offer for 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 fulfilling orders for products and when assessing applications for the provision of services.
2. The delivery address is the address that the consumer has provided 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 only be fulfilled 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 free of 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 trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution.
6. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the trader.
7. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 11 – Continuing transactions: duration, termination and extension

Termination

1. The consumer may terminate an agreement entered into for an indefinite period 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 for the regular delivery of products (including electricity) or services at any time 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 preceding 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 the agreement;
• always terminate with the same notice period as the business has stipulated for itself.

Extension

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

Duration

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

Article 12 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the cooling-off period referred to in Article 6, paragraph 1, has commenced. 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 trader without delay.
3. In the event of the consumer’s non-payment, the trader has the right, subject to statutory limitations, to charge the reasonable costs previously communicated to the consumer.

Article 13 – Complaints procedure

1. The trader 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 trader fully and clearly described within 2 months after the consumer has identified the defects.
3. Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader 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 by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, the consumer must first contact the trader. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.
7. If the trader finds a complaint to be justified, the trader will, at its discretion, replace or repair the delivered products free of charge.

Article 14 – Disputes

1. Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

 

Article 15 – Additional or deviating provisions

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