Terms and conditions
Article 1 - Definitions
In these terms and conditions:
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 in the exercise of a profession or business and who concludes a distance contract with the trader;
Day : calendar day;
Continuing performance contract : a distance contract for a series of products and/or services whose delivery and/or purchase obligation is spread over a longer period of time;
Durable data carrier : any means that enables the consumer or trader to store information that is addressed to him personally in such a way that the stored information can be retrieved and reproduced unchanged at a later date.
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 at a distance;
Distance contract : an agreement in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, only one or more techniques of distance communication are used until the conclusion of the contract;
Technique for distance communication: a means that can be used to conclude an agreement without the consumer and trader being in the same room at the same time.
General terms and conditions: the present general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Brand name: Velora Label
VAT number: NL865214773B01
info@velora-label.com
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to all distance contracts and orders concluded 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 viewed at the trader's premises and will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, contrary to 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 the consumer can easily store 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favorable to him 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 declared null and void, the rest of the agreement and these general terms and conditions will remain in force and the provision in question will be replaced immediately by mutual agreement by a provision that comes as close as possible to the purpose of the original.
Situations that are not regulated in these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.
Ambiguities about the explanation or content of one or more provisions of our general terms and conditions must be explained "in the spirit" of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is subject to change. The entrepreneur is entitled to change and adapt the offer.
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 the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
Images accompanying the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular:
the price does not include customs clearance costs and import sales tax. These additional costs shall be borne by and at the risk of the customer. The postal and/or courier service will make use of the special regulation for postal and courier services upon import. This regulation applies if the goods are imported into the country of destination, which is also the case here. The postal and/or courier service will charge VAT (also together with the invoiced customs clearance costs) to the recipient of the goods;
any shipping costs;
the way in which the contract is concluded and what measures are required for this;
whether or not the right of withdrawal applies
the method of payment, delivery and fulfillment of the contract;
the period for accepting the offer or the period within which the trader guarantees the price
the amount of the fee for distance communication, if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after conclusion and, if so, how it can be consulted by the consumer
the way in which the consumer can check and, if necessary, restore the data provided by him under the agreement before concluding the agreement
any other languages in which the contract can be concluded in addition to Dutch;
the codes of conduct to which the trader has subscribed 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 long-term transaction.
Optional: available sizes, colors, types of materials.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the consumer and the fulfillment of the relevant conditions.
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 entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
The entrepreneur can - within the legal framework - 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, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the establishment of the trader to which the consumer can address complaints;
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;
the information about guarantees and existing after-sales service;
the information included in article 4 paragraph 3 of these general terms and conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;
the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Each contract is concluded subject to the condition precedent of sufficient availability of the respective products.
Artikel 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This withdrawal period commences 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 the 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 delivered accessories and - as far as 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 make use of his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the goods. The consumer must make this known by means of a written message/email. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must provide evidence of the timely return of the delivered goods, for example by means of proof of shipment.
If the customer has not notified the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3 that he has not exercised his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in the event of withdrawal
If the consumer exercises his right of withdrawal, the costs for returning the products shall be borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition is that the goods have already been received by the web trader or that conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
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 made this clear in the offer at least in good time before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:
which were created by the entrepreneur according to the consumer's specifications;
which are clearly personal in nature;
which 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 trader has no control;
for loose newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services
relating to accommodation, transportation, restaurant services or leisure activities to be provided on a specific date or during a specific period;
the delivery of which has begun with the express consent of the consumer before the end of the withdrawal period;
relating to 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, with the exception of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can 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 the prices quoted are target prices will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are based on statutory regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has agreed to this and
they are the result of statutory provisions or regulations; or
The consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.
In accordance with Section 5 (1) UStG 1968, the place of delivery is the country in which transportation begins. In this case, the delivery takes place outside the EU. The postal or courier service then charges the customer import VAT or customs clearance costs. 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 at the wrong 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 legal provisions and/or government regulations applicable at the time 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 trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in as-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 each individual application by the consumer, nor for 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 himself or has had them repaired and/or modified by a third party;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been handled on the packaging;
The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Article 11 - Delivery and performance
The entrepreneur will take the greatest possible care when receiving and executing product orders.
The place of delivery is the address that the consumer has made known to the company.
With due observance of Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, 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 or only partially be carried out, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to compensation.
In the event 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 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, clear and comprehensible information will be provided that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Transactions with duration: duration, termination and extension
Cancellation
The consumer may terminate a contract that has been entered into for an indefinite period and that extends to 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.
The consumer may terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the agreed term, subject to the agreed termination rules and a notice period of at least one month.
The consumer can make use of the agreements referred to in the previous paragraphs:
terminate at any time and not be restricted to termination at a specific time or within a specific period;
at least as they were entered into by him;
always terminate with the same notice period that the entrepreneur has set for himself.
Extension
An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services cannot be tacitly renewed or extended for a fixed term.
Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to 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 has signed this renewal agreement towards the end of the renewal period, may terminate it with a notice period of no more than one month.
A contract concluded for a definite period and which extends to the regular delivery of products or services can only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months if the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness argue against termination before the end of the agreed term.
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 referred to in Article 6 paragraph 1. In the case of a service contract, this period starts after the consumer has received confirmation of the contract.
The consumer is obliged to notify the entrepreneur immediately of any inaccuracies in the payment details provided or stated.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Artikel 14 – Complaints procedure
Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint is likely to take longer to process, the trader will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be settled by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
Version: January 15, 2023, Amsterdam