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 contract
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance of the contract and extra guarantee
Article 13 - Delivery and execution
Article 14 - Continuing performance contracts: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Supplementary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance contract: a contract for the regular delivery of goods, services and/or digital content during a certain period;
Durable medium: any means - including email - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use during a period appropriate to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal with regard to his order;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 - Identity of the entrepreneur
Vitavien
Ruwekampweg 6
5222 AT Den Bosch
The Netherlands
Email: service@vitavien.de
KvK: 08218963
VAT: NL002436357B98
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur'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, then, contrary to 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 medium. If this is not reasonably possible, then 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 at the consumer's request, electronically or in another way.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer can always invoke the applicable provision that is most favourable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services on offer. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
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 contract
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. Within statutory frameworks, the entrepreneur may inform himself as to whether the consumer can meet his payment obligations, as well as of all those facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or request, stating his reasons, or to attach special conditions to its execution.
5. At the latest upon delivery of the product, the service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the visiting address of the entrepreneur's business location where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the price of the product, service or digital content including all taxes; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer can dissolve a contract regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of several products with different delivery times.
- 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 contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a physical medium:
3. The consumer can dissolve a service contract and a contract for the supply of digital content not supplied on a physical medium during at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not supplied on a physical medium where no information is given about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, the characteristics and the functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for any diminished value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
1. If the consumer makes use of his right of withdrawal, he will notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer will return the product with all accessories supplied, in its original condition and packaging where reasonably possible, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.
6. If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity that has not been made ready for sale in a limited volume or set quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been performed by the entrepreneur at the moment of withdrawal, compared with the full performance of the obligation.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity that has not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
- the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer bears no costs for the full or partial supply of digital content not supplied on a physical medium, if:
- prior to its supply, he has not expressly agreed to the commencement of the performance of the contract before the end of the cooling-off period;
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the entrepreneur has failed to confirm this statement by the consumer.
9. If the consumer makes use of his right of withdrawal, all supplementary contracts are dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur makes it possible for the consumer to give notice of withdrawal electronically, he will send a confirmation of receipt without delay after receiving this notice.
2. The entrepreneur will refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
3. The entrepreneur will use the same means of payment for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs of the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, or at least in good time before the conclusion of the contract:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
- Contracts concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, led by an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full performance of the service, but only if:
- the performance began with the express prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
- Package holidays as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
- Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
- Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products that, by their nature, are irrevocably mixed with other products after delivery;
- Alcoholic drinks whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio and video recordings and computer software whose seal has been broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions to them;
- The supply of digital content other than on a physical medium, but only if:
- the performance began with the express prior consent of the consumer; and
- the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are mentioned with the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 12 - Performance of the contract and extra guarantee
1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the contract was concluded.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the contract if the entrepreneur has failed to fulfil his part of the contract.
3. An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally required to provide in the event that he has failed to fulfil his part of the contract.
4. It is the consumer's responsibility to verify whether the entrepreneur's rugs are suitable for his specific floor type. Although the rugs are designed to be compatible with most floor types, the entrepreneur cannot guarantee that they are suitable for all types of flooring. The entrepreneur advises the consumer to seek advice from his flooring supplier or specialist to be certain of suitability.
Article 13 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and to any compensation to which he may be entitled.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Continuing performance contracts: duration, termination and renewal
Termination:
1. The consumer may at all times terminate a contract concluded for an indefinite period that extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.
2. The consumer may at all times terminate a contract concluded for a fixed period that extends to the regular delivery of products (including electricity) or services, with effect from the end of the fixed period, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.
3. The consumer may, with regard to the contracts referred to in the previous paragraphs:
- terminate them at all times and not be limited to termination at a specific time or in a specific period;
- at least terminate them in the same way as they were concluded by him;
- always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Renewal:
4. A contract concluded for a fixed period that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5. Contrary to the previous paragraph, a contract concluded for a fixed period that extends to the regular delivery of daily newspapers, news publications, weeklies and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
6. A contract concluded for a fixed period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at all times with a notice period of no more than one month. The notice period is no more than three months if the contract extends to the regular delivery of daily newspapers, news publications, weeklies and magazines less than once a month.
7. A contract of limited duration for the regular delivery of daily newspapers, news publications, weeklies and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
8. If a contract has a duration of more than one year, the consumer may terminate the contract at all times 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 15 - Payment
1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of the contract. In the case of a contract for the provision of a service, this period starts on the day after the consumer has received the confirmation of the contract.
2. When products are sold to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
4. If the consumer does not meet his payment obligation(s) in time, then, after the entrepreneur has pointed out the late payment to him and has granted the consumer a period of 14 days to still meet his payment obligations, and payment has not been made within this 14-day period, the consumer owes statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages in favour of the consumer.
Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the contract must be submitted to the entrepreneur, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
3. 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 period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 17 - Additional or deviating provisions
Provisions that are additional to or 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 in an accessible manner on a durable medium.