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General Terms and Conditions of VegaVriend.nl

On this page you will read all the terms and conditions of the webshop vegavriend.nl

The terms and conditions

1. General
1.1 These general terms and conditions apply to all offers from VegaVriend. The conditions are accessible to everyone and included on the website VegaVriend.nl. Upon request, we will send you a written copy.
1.2 By placing an order, you indicate that you agree to the delivery and payment terms. VegaVriend reserves the right to amend its delivery and/or payment terms after the expiration of their term.
1.3 Unless otherwise agreed in writing, general or specific terms or stipulations from 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. Delivery
2.1 Delivery takes place while supplies last.
2.2 In accordance with the rules of distance selling, VegaVriend.nl will execute orders within 30 days at the latest. If this is not possible (because the ordered item is out of stock or no longer available), or if there is another delay, or an order can only be partially fulfilled, the consumer will be informed within one month after placing the order and has the right to cancel the order without any costs or notice of default.
2.3 The delivery obligation of VegaVriend.nl shall, barring proof to the contrary, be deemed fulfilled once the goods delivered by VegaVriend.nl have been offered to the purchaser once. In the case of home delivery, the carrier’s report stating refusal of acceptance serves as full proof of the offer to deliver.
2.4 All timeframes mentioned on the website are indicative. No rights can therefore be derived from the stated periods.

3. Prices
3.1 Prices will not be increased during the validity period of the offer, unless legal measures make this necessary or if the manufacturer increases interim prices.
3.2 All prices on the site are subject to printing and typographical errors. No liability is accepted for the consequences of such errors.
3.3 All prices on the site are in Euros and include 21% VAT.

4. Cooling-off period / Right of withdrawal
4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period begins at the time the ordered goods are delivered. If the buyer has not returned the goods to VegaVriend after the expiration of this period, the purchase is a fact. The buyer is required, before proceeding with a return, to notify VegaVriend in writing within 14 working days after delivery. The buyer must prove that the goods have been returned on time, for example by means of proof of postal delivery. Returned goods must be sent back in their original packaging (including accessories and related documentation) and in new condition. If the goods have been used, encumbered, or damaged in any way by the buyer, the right to dissolution as referred to in this paragraph lapses. Subject to the foregoing, VegaVriend ensures that within 14 days after proper receipt of the return, the full purchase amount including calculated shipping costs will be refunded to the buyer. Returning the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of withdrawal, as described above, applies only to delivered goods and shall in no way apply to services.
4.3 The right of withdrawal does not apply to:
• services whose performance has, with the consumer’s consent, begun before the seven working days period
• goods or services whose price is dependent on fluctuations in the financial market, over which the supplier has no influence
• goods made to the consumer’s specifications, for example custom-made items, or items that have a clearly personal character
• goods or services which, by their nature, cannot be returned, e.g. for reasons of hygiene, or that may spoil or age quickly
• audio and video recordings and computer software of which the consumer has broken the seal
• the supply of newspapers and magazines; for the services of betting and lotteries
If the product or its packaging is damaged more than necessary to try it out, we may charge you for the depreciation in value. Therefore, handle the product with care and ensure it is properly packaged for return.

5. Data management
5.1 When you place an order with VegaVriend, your data will be included in the VegaVriend customer database. VegaVriend adheres to the Personal Data Registration Act and will not provide your data to third parties. See our Privacy Policy.
5.2 VegaVriend respects the privacy of users of its website and ensures the confidential treatment of your personal information.
5.3 VegaVriend may use a mailing list in some cases. Each mailing contains instructions 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 mentioned in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
6.2 Any arrangement offered by the entrepreneur, manufacturer, or importer as a guarantee does not affect the rights and claims the consumer can make regarding a shortcoming in the fulfillment of the entrepreneur’s obligations based on the law and/or the distance agreement.
6.3 The buyer is obliged to inspect the delivered goods immediately upon receipt. If the delivered product is found to be incorrect, defective, or incomplete, the buyer must immediately notify VegaVriend in writing (before returning the item). Any defects or incorrectly delivered goods must be reported to VegaVriend in writing within a maximum of 2 months after delivery. Returns must be made in the original packaging (including accessories and documentation) and in new condition. Use after discovery of a defect, damage occurring after discovery, encumbrance, and/or resale after discovery voids the right to claim or return.
6.4 If complaints from the buyer are found to be justified by VegaVriend, VegaVriend will, at its discretion, replace the delivered goods free of charge or make a written agreement regarding compensation, provided that VegaVriend’s liability and thus the compensation amount are always limited to a maximum of the invoice amount of the relevant goods, or (at VegaVriend’s choice) to the maximum amount covered by VegaVriend’s liability insurance. VegaVriend accepts no liability for any other form of damage, including additional compensation of any kind, indirect or consequential damage, or loss of profit.
6.5 VegaVriend is not liable for damage caused by intent or equivalent deliberate recklessness of non-executive staff.
6.6 This warranty does not apply if and as long as:
A) the buyer is in default towards VegaVriend;
B) the buyer has repaired and/or processed the delivered goods themselves or had them repaired and/or processed by third parties;
C) the delivered goods have been exposed to abnormal conditions or otherwise handled carelessly or contrary to VegaVriend’s instructions and/or the instructions on the packaging;
D) the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

7. Offers
7.1 Offers are non-binding unless otherwise stated 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 of receipt of that acceptance.
7.3 Oral commitments bind VegaVriend only after they have been expressly 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 buyer should have understood that the offer, or part of it, contained an obvious error or typo.
7.6 Additions, changes, and/or further agreements are only valid if agreed upon in writing.

8. Agreement
8.1 An agreement between VegaVriend and a customer is concluded after an order has been assessed by VegaVriend for feasibility.
8.2 VegaVriend reserves the right to refuse orders or assignments without stating reasons or to accept them only under the condition that shipment takes place on a cash-on-delivery basis or after prepayment.

9. Images and specifications
9.1 All images, photos, drawings, etc., and all data concerning weights, dimensions, colors, label illustrations, etc., on the VegaVriend website are approximate, indicative, and cannot give rise to compensation or dissolution 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 means any external cause, as well as any circumstance which should not reasonably be at its risk. Delays or non-performance by our suppliers, internet outages, power failures, email disruptions, disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of VegaVriend as well as auxiliaries, illness of staff, defects in aids or transport means expressly count as force majeure.
10.3 In case 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 to make execution possible. VegaVriend is in no case obliged to pay any fine or compensation.
10.4 If VegaVriend has already partially fulfilled its obligations at the time force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice the delivered or deliverable part separately, and the buyer is obliged to pay this invoice as if it concerned a separate contract, unless the already delivered or deliverable part has no independent value.

11. Liability
11.1 VegaVriend is not liable for damage to vehicles or other objects caused by improper use of the products. Read the instructions on the packaging and/or consult our website before use.

12. Retention of title
12.1 Ownership of all goods sold and delivered by VegaVriend to the buyer remains with VegaVriend as long as the buyer has not fulfilled the claims of VegaVriend under the agreement or similar previous or later agreements, as long as the buyer has not yet paid for the work performed or to be performed under such agreements, and as long as the buyer has not yet settled claims by VegaVriend due to non-performance of such obligations, including claims regarding penalties, interest, and costs, as referred to in Article 3:92 of the Dutch Civil Code.
12.2 The goods delivered by VegaVriend that are subject to retention of title may only be resold in the normal course of business and may never be used as a means of payment.
12.3 The buyer is not authorized to pledge the goods subject to retention of title or encumber them in any other way.
12.4 The buyer hereby grants unconditional and irrevocable permission to VegaVriend or a third party designated by VegaVriend to enter all places where VegaVriend’s property is located and to take those items back whenever VegaVriend wishes to exercise its ownership rights.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights on them, the buyer is obliged to inform VegaVriend as soon as can reasonably be expected.
12.6 The buyer is obliged to insure and keep insured the goods delivered under retention of title against fire, explosion, and water damage as well as theft and to present the policy of this insurance to VegaVriend upon first request.

13. Applicable law / competent court
13.1 All agreements are governed by Dutch law.
13.2 Disputes arising from an agreement between VegaVriend and the buyer that cannot be resolved by mutual agreement will be submitted to the competent court in the district, unless VegaVriend prefers to submit the dispute to the competent court in the buyer’s place of residence, except for disputes that fall under the jurisdiction of the subdistrict court.

14. Complaints procedure
14.1 VegaVriend has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
14.2 Complaints about the execution of the agreement must be submitted to VegaVriend within 7 days, fully and clearly described, after the consumer has discovered the defects.
14.3 Complaints submitted to VegaVriend will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, VegaVriend will respond within 14 days with an acknowledgment of receipt and an indication of 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 dispute resolution.
14.5 In case of complaints, a consumer should first contact VegaVriend. If the webshop is affiliated with WebwinkelKeur and the complaint cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/leden/. If no solution is reached, the consumer has the option to have the complaint handled by the independent disputes committee appointed by WebwinkelKeur, whose decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this committee involves costs, which must be paid by the consumer to the relevant committee.
14.6 A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

15. Subscriptions and price adjustments
15.1 By taking out a subscription, the customer agrees to automatic periodic payments via direct debit.
15.2 VegaVriend may adjust the subscription price by up to a maximum of 5% per calendar year. These price adjustment(s) may be applied automatically.
15.3 If the price adjustment exceeds 5%, VegaVriend will inform the customer in advance. In that case, the customer may cancel the subscription free of charge before the new price comes into effect.
15.4 The customer may cancel the subscription at any time via the account page.