Terms and Conditions
General Terms and Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
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 entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
Distance contract: a contract where, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, only one or more means of distance communication are used;
Means of distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously in the same room.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Email address: info@varmosa.nl
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to
every distance contract concluded and orders between the entrepreneur and the consumer.
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 entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, in deviation 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 store it on a durable data carrier. 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 they will be sent free of charge electronically or otherwise upon the consumer's request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favourable to them in the event of conflicting general terms and conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these conditions will otherwise remain in effect, and the relevant provision will be immediately replaced by mutual agreement with a provision that approaches the intent of the original as closely as possible.
Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products offered
and/or services. The description is sufficiently detailed to allow a proper assessment of the
offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours displayed exactly match the real colours of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price, with the exception of customs clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will, regarding the import, make use of the special arrangement for postal and courier services. This arrangement applies if the goods are imported into the EU country of destination, which is also the case in
this instance. The postal and/or courier service will collect the VAT (possibly together with the customs clearance costs charged) from the recipient of the goods;
any shipping costs;
the way in which the agreement will be concluded and what actions are required for this; whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs for using the means of distance communication are calculated on a basis other than the regular basic rate for the communication means used;
whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a duration transaction. Optional: available sizes, colours, type of materials.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur 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.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's establishment where the consumer can lodge complaints; 2. 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;
- information about guarantees and existing after-sales service;
- the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and 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 delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must do this by means of a written message/email. After the consumer has indicated that he wishes to exercise 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 time, for example by means of proof of shipment.
If the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is final.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs for returning the products are for the account of the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by the webshop owner or conclusive proof of complete return can be submitted.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can 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
entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to the consumer's specifications; 2. that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal. 8. for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
- concerning betting and lotteries.
Article 9 - The price
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 as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of legal regulations or provisions; or
- the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
Delivery takes place, pursuant to Article 5, first paragraph, of the Turnover Tax Act 1968, in the country where the transport commences. In the present case, this delivery takes place outside the EU. Consequently, import VAT and/or customs clearance costs will be collected from the recipient by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.
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 and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not detract from the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or those on the packaging;
The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed 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 executed or can only be executed partially, the consumer will be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and known representative of the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-term Transactions: Duration, Cancellation, and Extension
Cancellation
The consumer can cancel an agreement entered into for an indefinite period and intended for
the regular delivery of products (including electricity) or services, at any time, subject to agreed cancellation rules and a notice period of a maximum of one month. The consumer can cancel an agreement entered into for a definite period and intended for the regular delivery of products (including electricity) or services, at any time at the end of the definite period, subject to agreed cancellation rules and a notice period of a maximum of one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:
at any time and not be limited to cancellation at a specific time or during a specific period;
at least in the same manner as they were entered into; always with the same notice period as the entrepreneur has stipulated for themselves. Extension
An agreement entered into for a definite period and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration.
Notwithstanding the previous paragraph, an agreement entered into for a definite period and intended for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of a maximum of one month.
An agreement entered into for a definite period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of a maximum of one month and a notice period of a maximum of three months if the agreement is intended for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular introductory delivery of
daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer can cancel the agreement at any time after one year with a notice period of a maximum of one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs previously made known to the consumer.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur 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.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer resides abroad.