General Terms and Conditions of VegaVriend.nl
1.1 These general terms and conditions apply to all offers from VegaVriend. The conditions are accessible to everyone and included on the website of VegaVriend.nl. Upon request, we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. VegaVriend reserves the right to change its delivery and / or payment conditions after the term has expired.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by VegaVriend.
1.4 VegaVriend guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 Within the framework of the rules of distance selling, VegaVriend.nl will execute orders at least within 30 days. If this is not possible (because the ordered item is not in stock or is no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, the consumer will receive within 1 month after placing the order. order message and he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of VegaVriend.nl will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by VegaVriend.nl have been offered to the customer once. For home delivery, the carrier's report, alleging the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned terms.
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include 21% VAT.
4. View period / right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 BW), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts when the ordered items have been delivered. If the customer has not returned the delivered goods to VegaVriend after this period has expired, the purchase is a fact. The customer is obliged, before proceeding to return, to notify VegaVriend in writing within the period of 14 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions in the previous sentence, VegaVriend ensures that the full purchase amount including the calculated shipping costs is refunded to the customer within 14 days after receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the customer.
4.2 The right to dissolution, as described in the previous paragraph, only relates to the goods delivered and will in no case relate to services.
4.3 The right of withdrawal does not apply to:
• services whose performance, with the consent of the consumer, has started for a period of seven working days
• goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence
• goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character
• for goods or services that cannot be returned due to their nature, for example due to hygiene or that can spoil or age quickly
• audio and video recordings and computer software of which the consumer has broken the seal
• the delivery of newspapers and magazines; for the services of betting and lotteries
5. Data management
5.2 VegaVriend respects the privacy of the users of the internet site and ensures confidentiality of your personal information.
5.3 In some cases VegaVriend uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.
6. Warranty and conformity
6.1 The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations.
6.2 An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert towards the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and / or the distance contract.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer (before proceeding to return it to VegaVriend) must immediately report these defects to VegaVriend in writing. Any defects or incorrectly delivered goods must and can be reported to VegaVriend in writing no later than 2 months after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after detection of defect, damage occurring after detection of defect, encumbrance and / or resale after detection of defect, completely voids this right to complain and return.
6.4 If complaints from the customer are found to be well-founded by VegaVriend, VegaVriend will, at its discretion, either replace the goods delivered free of charge or make a written arrangement with the customer about the compensation, on the understanding that Vegavriend's liability and therefore the amount of the compensation are always is limited to a maximum of the invoice amount of the relevant goods, or (at the discretion of VegaVriend) to the maximum amount covered in the relevant case by the liability insurance of VegaVriend. Any liability of VegaVriend for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 VegaVriend is not liable for damage caused intentionally or equivalent deliberate recklessness of non-managerial staff.
6.6 This guarantee does not apply if and as long as: A) the customer is in default towards VegaVriend; B) the customer has repaired and / or processed the delivered goods himself or had it repaired / or processed by third parties; C) the delivered goods have been exposed to abnormal circumstances or are otherwise handled carelessly or have been treated contrary to the instructions of VegaVriend and / or instructions on the packaging; D) the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, VegaVriend reserves the right to revoke or deviate from the offer within 3 working days after receipt of that acceptance.
7.3 Verbal commitments only bind VegaVriend after they have been explicitly confirmed in writing.
7.4 Offers from VegaVriend do not automatically apply to repeat orders.
7.5 VegaVriend cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or clerical error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between VegaVriend and a customer is concluded after an order assignment has been assessed by VegaVriend for feasibility.
8.2 VegaVriend reserves the right not to accept orders or assignments without stating reasons or to only accept them on the condition that the shipment takes place cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images, photos, drawings etc. and all data regarding weights, dimensions, colors, images of labels, etc. on the website of VegaVriend are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force Majeure
10.1 VegaVriend is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and / or manufacturers of VegaVriend as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 In the event of force majeure, VegaVriend reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is VegaVriend obliged to pay any fine or compensation.
10.4 If VegaVriend has already partially fulfilled its obligations on the occurrence of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 VegaVriend is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and / or consult our website.
12. Retention of title
12.1 Ownership of all goods sold and delivered by VegaVriend to the customer remains with VegaVriend as long as the customer has not paid the claims of VegaVriend under the agreement or earlier or later similar agreements, as long as the customer has carried out the work performed or still to be performed under this agreement. or similar agreements has not yet paid and as long as the customer has not yet paid the claims of VegaVriend due to failure to comply with such obligations, including claims with regard to fines, interest and costs, all this as referred to in Article 3: 92 BW.
12.2 The goods delivered by VegaVriend that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not entitled to pledge or encumber in any other way the goods subject to retention of title.
12.4 The customer now gives unconditional and irrevocable permission to VegaVriend or a third party to be appointed by VegaVriend to, in all cases in which VegaVriend wishes to exercise its property rights, to enter all those places where its properties will be located and to transport those items there. take.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform VegaVriend of this as soon as may reasonably be expected.
12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to VegaVriend on first request.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between VegaVriend and the buyer, which cannot be resolved by mutual agreement, will be dealt with by the competent court within the district, unless VegaVriend prefers the difference to the competent court of the buyer's place of residence. subject, and with the exception of those disputes that fall within the competence of the Subdistrict Court.
14. Complaints procedure
14.1 VegaVriend has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
14.2 Complaints about the implementation of the agreement must be submitted fully and clearly described to VegaVriend within 7 days, after the consumer has discovered the defects.
14.3 Complaints submitted to VegaVriend will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, VegaVriend will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
14.4 If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
14.5 In case of complaints, a consumer must first turn to VegaVriend. If the webshop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree with this binding decision. There are costs associated with submitting a dispute to this disputes committee that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
14.6 A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.