Terms & Conditions
Article 1: Definitions
In these terms, the following is understood:
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Cooling-off period: The period within which the consumer can exercise his right of withdrawal;
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Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with Vandevo;
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Day: Calendar day;
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Duration transaction: A distance contract relating to a series of products and/or services, the delivery and/or consumption obligation of which is spread over time;
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Durable data carrier: Any means that enables the consumer or Vandevo to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
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Right of withdrawal: The consumer's ability to withdraw from the distance contract within the cooling-off period;
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Model form: The model withdrawal form that a consumer can fill in when he wishes to exercise his right of withdrawal.
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Vandevo: The natural or legal person offering products and/or services to consumers at a distance;
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Distance contract: An agreement whereby, in the context of a system organized by Vandevo for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
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Technique for distance communication: Means that can be used to conclude an agreement, without the consumer and Vandevo being simultaneously in the same space.
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General Terms and Conditions: These General Terms and Conditions of Vandevo.
Article 2: Identity of Vandevo
Vandevo
Email address: Info@Vandevo.nl
Article 3: Applicability
3.1 These general terms and conditions apply to every offer from Vandevo and to every distance contract concluded and orders between Vandevo and the consumer.
3.2 Before the distance contract is concluded, the text of these general terms and conditions is 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 are available for inspection at Vandevo and will be sent to the consumer free of charge upon request as soon as possible.
3.3 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 can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or in another way free of charge at the consumer's request.
3.4 In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
Article 4: The offer
4.1 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
4.2 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 make a proper assessment of the offer. If Vandevo uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Vandevo.
4.3 Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5: The agreement
5.1 The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set.
5.2 If the consumer has accepted the offer electronically, Vandevo will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Vandevo, the consumer can dissolve the agreement.
5.3 If the agreement is concluded electronically, Vandevo will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer pays electronically, Vandevo will take appropriate security measures for that purpose.
5.4 Vandevo can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If Vandevo, based on this investigation, has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5.5 Vandevo will, with the product or service, send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
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The visiting address of the Vandevo establishment where the consumer can go with complaints;
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The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
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Information about guarantees and existing service after purchase;
The requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.
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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 conditions of sufficient availability of the products concerned.
Article 6: Right of withdrawal for the delivery of products:
6.1 In the purchase of products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. The consumer has a cooling-off period of 14 days.
6.2 The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a pre-designated third party, who is not the carrier, has received the product.
6.3 If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; In the case of agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by him, received the first product.
6.4 During this 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 makes use of his right of withdrawal, he will return the product with all accessories delivered and - if reasonably possible - in the original condition and packaging to Vandevo, in accordance with the reasonable and clear instructions provided by Vandevo.
Article 7: Costs in case of withdrawal
7.1 If the consumer makes use of his right of withdrawal, the costs of returning the goods will be borne by the consumer.
7.2 If the consumer has made a purchase, Vandevo will refund the amount paid by the consumer as soon as possible but no later than 14 days after withdrawal. This is conditional on the product having already been received by the online retailer or conclusive proof of complete return can be provided.
7.3 Vandevo uses the same payment method that the consumer used, unless the consumer agrees to another method.
7.4 If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
Article 8: Exclusion of the right of withdrawal
8.1 Vandevo excludes the following products from the right of withdrawal
8.2 Exclusion of the right of withdrawal is possible for products under A to E:
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Those made by Vandevo in accordance with the consumer's specifications;
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That are clearly of a personal nature;
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Whose price is tied to fluctuations in the financial market over which Vandevo has no influence;
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For hygienic products whose seal has been broken.
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That, by their nature, cannot be returned;
Article 9: The price
9.1 During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
9.2 In deviation from the previous paragraph, Vandevo can offer products or services whose prices are tied to fluctuations in the financial market and over which Vandevo has no influence with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
9.3 Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
9.4 Price increases from 3 months after the conclusion of the agreement are only allowed if Vandevo has stipulated this and:
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These are the result of legal regulations or provisions; or
The consumer has the power to terminate the agreement on the day the price increase takes effect.
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9.5 The prices stated in the offer of products or services include VAT.
Article 10: Conformity and Warranty
10.1 Vandevo 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
10.2 A warranty offered by Vandevo, manufacturer, or importer does not affect the rights and claims that the consumer can assert against Vandevo on the grounds of a failure in the fulfillment of the obligations of Vandevo under the law and/or the distance agreement.
Article 11: Delivery and Execution
11.1 Vandevo will exercise the greatest possible care when delivering the ordered products, receiving orders, and assessing requests for the provision of services.
11.2 The consumer's address specified in the order will be considered the place of delivery.
11.3 Taking into account what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed, the consumer will be notified of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
11.4 In the event of dissolution in accordance with paragraph 11.3 of this article, Vandevo will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
11.5 If delivery of an ordered product proves impossible, Vandevo will make an effort to make a replacement item available. It will be reported in a clear and understandable manner in consultation with the consumer and no later than upon delivery that a replacement item will be delivered. The right of withdrawal applies to replacement items. The costs of any return shipment are borne by Vandevo.
11.6 The risk of damage and/or loss of ordered products rests with Vandevo until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12: Payment
12.1 Unless otherwise agreed in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period has started, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
12.2 Vandevo gives the consumer the option to choose from different payment methods. The consumer can choose to pay in advance or after delivery of the ordered products. The consumer can prepay up to 50% of the amount due.
12.3 The consumer has the duty to report inaccuracies in provided or stated payment details to Vandevo without delay.
12.4 If the consumer has not fulfilled his payment obligation(s) in a timely manner, the consumer will receive a notification from Vandevo. This notification will state that the consumer has a period of 14 days to fulfill his payment obligations. If the payment obligation(s) has not been paid by the consumer after the specified 14 days, statutory interest will be charged on the amount due. Vandevo is also entitled to charge the additional extrajudicial collection costs incurred.
Article 13: Disputes
13.1 Only Dutch law applies to agreements between Vandevo and the consumer, even if the consumer resides abroad.
13.2 Vandevo has a complaints procedure and handles the complaint in accordance with this complaints procedure.
13.3 Complaints about the performance of the agreement must be submitted to Vandevo by e-mail within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
13.4 Complaints submitted to Vandevo will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Vandevo will respond within the period of 30 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
13.5 If the complaint cannot be resolved within a reasonable time or within 3 months after the complaint has been submitted in mutual consultation, a dispute arises that is susceptible to the dispute settlement.
13.6 The dispute must be brought before the Disputes Committee in writing no later than twelve months after the dispute has arisen.
13.7 When the consumer wishes to submit a dispute to the Disputes Committee, Vandevo is bound by this choice. If Vandevo wishes to do so, the consumer must express in writing within five weeks of a request made in writing by Vandevo whether he wishes this as well or whether he wants the dispute to be dealt with by the competent court. If Vandevo does not hear the choice of the consumer within the period of five weeks, Vandevo is entitled to submit the dispute to the competent court.
13.8 The Disputes Committee makes decisions under the conditions as determined in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are made by way of binding advice.
13.9 The Disputes Committee will not handle a dispute or suspend the handling if Vandevo has been granted a suspension of payments, has been declared bankrupt, or has actually terminated its business activities before a dispute has been dealt with by the committee at the hearing and a final decision has been issued.