Terms & Conditions
Table of Contents
- Article 1 - Definitions
- Article 2 - Identity of the entrepreneur
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The agreement
- Article 6 - Right of withdrawal
- Article 7 - Costs in case of withdrawal
- Article 8 - Exclusion of right of withdrawal
- Article 9 - The price
- Article 10 - Conformity and warranty
- Article 11 - Delivery and execution
- Article 12 - Duration transactions: duration, termination, and extension
- Article 13 - Payment
- Article 14 - Complaints procedure
- Article 15 - Disputes
- Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal.
Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession and enters into a distance contract with the entrepreneur;
Day: calendar day; Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that facilitates 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;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions that the entrepreneur makes available that a consumer can fill in when he wishes to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
Means of distance communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Vosella.nl
Noorddammerweg 17D
1424NV De Kwakel
The Netherlands
Email: info@vosella.nl
Chamber of Commerce number: 86858416
VAT number: NL864118880B01
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract 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 are available for inspection at the entrepreneur and they will be sent free of charge to the consumer 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 can be made available to the consumer electronically in such a way that they can be easily stored by the consumer 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 they will be sent free of charge to the consumer electronically or in another way upon request. In addition to these general terms and conditions, if specific product or service conditions also apply, paragraphs 2 and 3 shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him. If one or more provisions in these general terms and conditions are wholly or partially void or voidable at any time, the agreement and these terms and conditions shall remain in force for the remainder and the relevant provision shall be replaced by mutual agreement as soon as possible. Situations not provided for in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions shall 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 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 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 errors or mistakes in the offer do not bind the entrepreneur. All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors 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 concerns in particular: the price including taxes; any shipping costs; the way in which the agreement will be concluded and which actions are 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 entrepreneur guarantees the price; the level of the rate for remote communication if the costs of using the means of remote communication are calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer; the manner in which the consumer, before concluding the agreement, can check and, if desired, restore the data he has provided under the agreement; any other languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the event of a duration transaction.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can - within legal frameworks - inform himself 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 contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
Article 6 - Right of withdrawal
Upon delivery of products: When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative designated by the consumer and announced 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 accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. Upon delivery of services: When providing services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the goods shall not exceed the direct costs of returning the goods. 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, the condition is that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement: Products or services whose price depends on 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 method of sale whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby 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: performance has begun with the express prior consent of the consumer; and the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the contract; 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 of 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 of which the seal has been broken after delivery; Products that by their nature are irrevocably mixed with other products after delivery; Alcoholic beverages, the price of which was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence; Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery; Newspapers, magazines, or periodicals, with the exception of subscriptions to them; The provision of accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period; Digital content that is not delivered on a tangible medium if the performance has begun with the consumer's prior express consent and the consumer has declared that he thereby loses his right of withdrawal. Products or services for betting and lotteries.
Article 9 - The price
During the period mentioned 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. 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, at variable prices. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory 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 statutory 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. The prices stated in the offer of products or services include VAT.
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 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 affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the company. With due observance of the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders with convenient speed but at least within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without any costs. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
Article 12 - Continuing performance transactions: duration, termination, and extension T
ermination: The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of up to one month. The consumer can terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed term, observing the agreed termination rules and a notice period of up to one month. Extension: An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration. Notwithstanding the previous paragraph, an agreement that has been concluded 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 specific duration of up to three months, if the consumer can terminate this extended agreement by the end of the extension, with a notice period of up to one month. An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. An agreement with limited duration for the regular delivery of daily newspapers, 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.
Article 13 - Payment
Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after concluding 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. When selling products to consumers, the consumer may never be required to pay more than 50% in advance in general terms and conditions. When 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. The consumer is obliged to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
Article 14 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly within a reasonable period of time 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 foreseeable longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer. If the complaint cannot be resolved in mutual consultation, it becomes a dispute that is subject to the dispute settlement procedure.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are subject exclusively to Dutch law.
Article 16 - Additional or deviating provisions
Additional or deviating provisions 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 they can be stored by the consumer in an accessible manner on a durable medium.