These Terms and Conditions are based on the general terms and conditions of Thuiswinkel.org, concluded in consultation with the Consumer Association in the context of the Coordination Group on Self-regulatory consultations (CZ) of the Socio-economic Council, effective 1 June 2014.
Note: Vivièna Nederland B.V., on the date of publication of these conditions, is not yet active as a selling webshop, and not yet a member of Thuiswinkel.org.
Article 1 Definitions
- Additional Agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these matters, digital content and/or services are provided by the entrepreneur or by a third party based on an agreement between the third party and the trader;
- Reflection: The period within which the consumer may make use of his right of withdrawal;
- Consumer: The natural person who does not act for purposes related to his trade, business, craft or professional activity;
- Day: Calendar Day
- Digital content: Data produced and supplied in digital form;
- Duration Agreement: an agreement that extends to the regular delivery of goods, services and/or digital content for a certain period;
- Durable data carrier: Any tool -including e-mail- that enables the consumer or entrepreneur to store information addressed to him personally in a manner that allows future consultation or use over a period that is aligned with the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: The possibility of the consumer to refrain from the distance contract within the period of reflection;
- Entrepreneur: Vivièna Nederland B.V.
- Distance contract: An agreement concluded between the trader and the consumer within the framework of an organized system for the distance marketing of products, digital content and/or services, with the exclusive or co-use of the contract until the conclusion of the agreement is made of one or more techniques for distance communication;
- Model Revocation Form: The European model revocation form;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and the entrepreneur having to come together in the same room at the same time.
Article 2-Identity of the trader
Vivièna Nederland B.V., known under the name: Vivièna
Location: Havenstraat 57, Heemstede
Email address: firstname.lastname@example.org
Commercial Register Number: 72595639
VAT Identification Number: NL859166995B01
- These general terms and conditions shall apply to any offer by the trader and to any distance contract concluded between the trader and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall, before the distance contract is concluded, indicate how the general terms and conditions are to be seen by the trader and that, at the request of the consumer, they are free of charge as soon as possible be forwarded.
- If the distance contract is concluded electronically, notwithstanding 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 by electronic means. In such a way that it can be easily stored by the consumer on a durable data 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 taken by electronic means and that, at the request of the consumer, they may be notified by electronic means or otherwise be sent free of charge.
- If, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of conflicting conditions, always the applicable provision which is most favorable to him.
Article 4-The Offer
- If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.
- The offer contains a complete and accurate description of the products offered, digital content and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
- Each offer shall contain such information as to indicate to the consumer the rights and obligations which are attached to the acceptance of the offer.
Article 5-The Agreement
- The agreement shall be concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down.
- If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of acceptance of the offer by electronic means. If the receipt of this acceptance has not been confirmed by the trader, the consumer can rescind the agreement.
- If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe Web Environment. If the consumer can pay electronically, the trader will take appropriate safety measures to that end.
- The trader may, within statutory frameworks, inform whether the consumer can fulfil his payment obligations, as well as all those facts and factors that are important for a responsible engagement of the distance contract. If, based on this investigation, the trader has good grounds for failing to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
- The trader shall, at the latest upon delivery of the product, service or digital content to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data bearer:
- The visiting address of the establishment of the trader to which the consumer can go with complaints;
- The conditions under which and the way the consumer can avail themselves of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
- The information on warranties and existing after-sales service;
- The price including all taxes of the product, service or digital content; Where applicable, the cost of delivery; And the method of payment, delivery or execution of the distance contract;
- The requirements for termination of 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.
- In the case of an expensive transaction, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6-Right of withdrawal
- The consumer may dissolve an agreement regarding the purchase of a product for a period of reflection of at least 14 days without giving reasons. The trader may ask the consumer for the reason for revocation, but do not oblige them to submit their reason (s).
- The period of reflection referred to in paragraph 1 shall be the day after the consumer, or a third party designated 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 appointed by him, has received the last product. The trader may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
- 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 consignment or the last item;
- In the case of contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content not supplied on a material medium:
- The consumer may dissolve a service contract and an agreement for the supply of digital content that has not been delivered on a material carrier for a minimum of 14 days without giving any reason. The trader may ask the consumer for the reason for revocation, but do not oblige them to submit their reason (s).
- The reflection period referred to in paragraph 3 shall be based on the day following the conclusion of the agreement. Extended reflection period for products, services and digital content not supplied on a material medium in case of non-informing of right of withdrawal:
- If the trader has not provided the consumer with the statutory information on the right of withdrawal or the model revocation form, the reflection period shall expire twelve months after the end of the original, in accordance with the previous member of this article.
- If the trader has provided the consumer with the information referred to in the preceding paragraph within 12 months of the commencement date of the initial reflection period, the reflection period shall expire 14 days after the day on which the consumer has received.
Article 7-Consumer obligations during the reflection period
- During the reflection period, the consumer will carefully handle the product and the packaging. It shall only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point is that the consumer can only use the product and inspect it as it should be in a shop.
- The consumer shall only be liable for the impairment of the product resulting from a way of handling the product which goes beyond that permitted in paragraph 1.
- The consumer shall not be liable for any depreciation of the product if the trader has not provided him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8-Exercise of the right of withdrawal by the consumer
- If the consumer makes use of his right of withdrawal, he shall report it within the period of reflection by means of the model revocation form or in other unambiguous manner to the trader.
- As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the trader. This is not necessary if the trader has offered to pick up the product itself. The consumer has in any case considered the retransmission period if he returns the product before the period of reflection has elapsed.
- The consumer shall return the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct costs of returning the product. If the trader has not reported that the consumer must bear these costs or if the trader indicates the costs themselves, the consumer does not have to bear the costs of returning the goods.
- If the consumer recalls after first expressly requesting that the operation of the service or the supply of gas, water or electricity not prepared for sale be made in a limited volume or quantity at the beginning of the Reflection period, the consumer shall owe the trader an amount commensurate with that part of the undertaking that has been fulfilled by the trader at the time of withdrawal, compared with the full fulfilment of the commitment.
- The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not ready for sale in a limited volume or quantity, or to the delivery of district heating, if:
- The trader has not provided the consumer with the statutory information on the right of withdrawal, the reimbursement of the costs of revocation or the model revocation form;
- The consumer has not expressly requested the commencement of the execution of the service or supply of gas, water, electricity or district heating during the reflection period.
- The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a material medium, if:
- He has not expressly agreed to commence the fulfilment of the agreement before the end of the reflection period prior to its delivery;
- He has not acknowledged his right of withdrawal to be lost in granting his consent; Or
- The trader has failed to confirm this statement by the consumer.
- If the consumer makes use of his right of withdrawal, all additional agreements shall be dissolved automatically.
Article 9-Obligations of the trader in the case of revocation
- If the trader makes the notification of withdrawal by the consumer electronically possible, he shall immediately send an acknowledgement of receipt upon receipt of this notification.
- The trader shall pay all payments of the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the revocation. Unless the trader offers to collect the product himself, he may wait with a refund until he has received the product or demonstrates to the consumer that he has returned the product, whichever is the later.
- The trader uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to repay the additional costs for the more expensive method.
Article 10-exclusion of right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in time for the conclusion of the contract:
- Products or services the price of which is subject to fluctuations in the financial market to which the trader has no influence and which may arise within the withdrawal period
- Agreements concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the guidance of an auctioneer, and in which the successful bidder is obliged to take out the products, digital content and/or services;
- Services contracts, after full implementation of the service, but only if:
- The implementation has begun with explicit prior consent of the consumer; And
- The consumer has declared that he loses his right of withdrawal once the trader has fully executed the contract;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of execution and other than for residential purposes, carriage of goods, car rental services and catering;
- Agreements relating to leisure activities, if the agreement provides for a specific date or period of implementation;
- Products manufactured according to consumer specifications which are not prefabricated and manufactured based on an individual choice or decision of the consumer or are clearly intended for a specific person;
- Products which quickly spoil or have a limited shelf life;
- Sealed products which, for reasons of health protection or hygiene, are not suitable for redispatch and whose sealing has been broken after delivery;
- Products which, after delivery, are irrevocably mixed with other products;
- Alcoholic beverages the price of which has been agreed upon when the contract is concluded, but whose delivery can only take place after 30 days, and whose true value depends on fluctuations in the market on which the trader does not influence;
- Sealed audio, video recordings and computer software, the sealing of which has been broken after delivery;
- Newspapers, magazines or magazines, except for subscriptions thereto;
- The supply of digital content other than on a material medium, but only if:
- The implementation has begun with explicit prior consent of the consumer; And
- The consumer has stated that he is losing his right of withdrawal.
Article 11-The price
- During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, subject to price changes resulting from changes in VAT rates.
- Notwithstanding the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and to which the trader has no influence, with variable prices. This bonding to fluctuations and the fact that any prices quoted are indicative prices are indicated in the offer.
- Price increases within 3 months of 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 contract are only permitted if the trader has stipulated this and:
- Are the result of legal regulations or provisions; Or
- The consumer has the power to cancel the contract with effect from the day on which the price increase enters.
- The prices quoted in the offer of products or services include VAT.
Article 12-Fulfilment agreement and additional guarantee
- The trader shall ensure that the products and/or services comply with the agreement, the specifications specified in the offer, the reasonable requirements of soundness and/or usability and the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the trader will also ensure that the product is suitable for other than normal use.
- An additional guarantee provided by the trader, his supplier, manufacturer or importer shall never limit the statutory rights and claims which the consumer may assert against the trader based on the contract if the trader is serious misconduct in the fulfilment of its part of the agreement.
- An additional guarantee shall mean any undertaking by the trader, its supplier, importer or producer in which it grants to the consumer certain rights or claims which go beyond what is legally required in the event he is serious misconduct in the fulfilment of its part of the agreement.
Article 13-Delivery and execution
- The trader shall observe the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
- The place of delivery shall be the address which the consumer has made known to the trader.
- Subject to the provisions of article 4 of these general terms and conditions, the trader shall carry out accepted orders with due urgency but not later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially completed, the consumer will receive a notice no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without any costs and the right to compensation.
- After dissolution in accordance with the previous paragraph, the trader shall immediately repay the amount paid by the consumer.
- The risk of damage and/or loss of products is vested in the trader until the moment of delivery to the consumer or a representative appointed and announced to the trader, unless expressly agreed otherwise.
Article 14-Duration transactions: Duration, termination and renewal
- The consumer may at any time terminate an agreement entered for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed Termination rules and a notice period not exceeding one month.
- The consumer may terminate a contract entered for a fixed period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified duration, with due regard to that Agreed termination rules and a notice period not exceeding one month.
- The consumer may terminate the agreements referred to in the preceding paragraphs at any time and not be limited to termination at a certain time or in a given period;
- At least denounce it in the same way as they have entered it;
- Always cancel with the same notice period as the trader has stipulated for himself.
- A contract entered for a fixed period and which extends to the regular delivery of products (including electricity) or services shall not be tacitly renewed or renewed for a specified period.
- By way of derogation from the preceding paragraph, a contract which has been entered into for a fixed period and which extends to the regular delivery of day news and weekly newspapers and periodicals may be tacitly renewed for a period of up to three months, if the consumer may terminate this extended agreement by the end of the renewal with a notice period not exceeding one month.
- A contract entered for a fixed period and which extends to the regular delivery of products or services may be tacitly renewed for an indefinite period only if the consumer may at any time cancel the notice of a period of not more than one month. The notice period shall not exceed three months in case the agreement extends to the regularity, but less than once a month, delivery of day, news and weekly newspapers and periodicals.
- A limited-duration agreement to provide regular information on day, news and weekly newspapers and periodicals (trial or introductory subscription) shall not be tacitly continued and will automatically terminate after the trial or Introductory period.
- If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice of not more than one month, unless the reasonableness and fairness are against termination before the end of the Agreed duration.
Article 15 Payment
- Unless otherwise provided for in the agreement or additional terms, the amounts payable by the consumer must be paid within 14 days after the date of the reflection period, or in the absence of a reflection period within 14 days after concluding the agreement. In the event of an agreement to provide a service, this period shall commence on the day after the consumer has received the confirmation of the agreement.
- In the case of the sale of products to consumers, the consumer shall never be obliged to pay in advance of more than 50% in general terms and conditions. Where advance payment is stipulated, the consumer shall not be entitled to assert any right in respect of the execution of the order or service(s) in question before the stipulated advance payment has been made.
- The consumer shall have the obligation to notify the trader without delay of any inaccuracies in the payment information provided or stated.
- If the consumer does not meet his payment obligation(s) in good time, after he has been informed by the trader of the late payment and the trader has awarded the consumer a period of 14 days in order to continue his payment obligations After the failure to pay within this 14-day term, the amount still due shall be payable by the statutory interest and the trader is entitled to charge the extrajudicial collection costs incurred by him.
Article 16-Complaints procedure
- Complaints about the performance of the contract must be submitted to the trader in full and clearly defined within a reasonable time after the consumer has found the defects.
- Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 19-Additional or different provisions
Additional provisions or derogations from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that they can be accessed by the consumer in an accessible manner stored on a durable data medium.
Article 20-Modification of the general terms and conditions
Changes to these terms and conditions are effective only after they have been published in an appropriate manner, on the understanding that, in the case of appropriate changes during the term of an offer, the provision for the consumer will be the most favorable prevail.