General Terms and Conditions Based on WebwinkelKeur Model Terms

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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 the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

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Article 1 - Definitions

In these conditions, the following definitions apply:

1. Cooling-off period: The period within which the consumer can exercise their right of withdrawal.

2. Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.

3. Day: Calendar day.

4. Duration transaction: A distance contract related to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

5. Durable medium: Any means that allows the consumer or entrepreneur to store information personally addressed to them in a way that enables future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.

7. Model form: The withdrawal model form provided by the entrepreneur that the consumer can use if they wish to exercise their right of withdrawal.

8. Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.

9. Distance agreement: An agreement concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, where exclusive use is made of one or more techniques for remote communication up to and including the conclusion of the agreement.

10. Technology for distance communication: Means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place simultaneously.

11. General Terms and Conditions: The present General Terms and Conditions of the entrepreneur

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Article 2 - Identity of the Entrepreneur

VivaYarn
Laan op Zuid 83B, 3072 DB Rotterdam, The Netherlands
E: vivayarnshop@gmail.com
KVK: 71730265
VAT Number: NL002454165B70

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Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order between the entrepreneur and the consumer.

2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance agreement is concluded, that the general terms and conditions can be viewed at the entrepreneur’s location and will be sent free of charge upon request.

3. If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that the consumer can store it on a durable data carrier. If this is not reasonably possible, the consumer will be informed before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise upon request.

4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

5. If one or more provisions of these general terms and conditions are void or annulled at any time, the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation by a provision that approaches the intent of the original as closely as possible.

6. Situations that are not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.

7. Uncertainties about the interpretation or content of one or more provisions of our conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

 

Article 4 - The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.

5. Product images are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

6. Every offer contains sufficient information so that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer, such as:

   • the price including taxes;

   • any shipping costs;

   • the manner in which the agreement will be concluded and what actions are required;

   • whether or not the right of withdrawal applies;

   • the method of payment, delivery, and execution of the agreement;

   • the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;

   • the rate of distance communication if costs are calculated differently than the standard rate;

   • whether the agreement will be archived and how it can be accessed;

   • the manner in which the consumer can check and correct the information before concluding the agreement;

   • available languages for the agreement;

   • codes of conduct adhered to by the entrepreneur;

   • the minimum duration of a distance agreement if applicable.

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Article 5 - The Agreement

1. The agreement is established when the consumer accepts the offer and meets the conditions set therein.

2. If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay. As long as this acceptance is not confirmed, the consumer may dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure electronic data transfer and ensure a safe web environment.

4. The entrepreneur may verify whether the consumer can meet their payment obligations and investigate relevant facts for a responsible remote agreement. If the entrepreneur has valid reasons to refuse the agreement, they may reject an order or attach special conditions to its execution.

5. The entrepreneur will include the following information with the product or service, in writing or in a way that allows the consumer to store it on a durable medium:

   • the business address for complaints;

   • conditions and procedures for withdrawal if applicable;

   • warranty details and after-sales service;

   • the conditions of article 4, paragraph 3 unless already provided before the agreement was concluded;

   • termination requirements if the agreement is for more than a year or indefinite duration.

6. In the case of a continuing transaction, the previous paragraph applies only to the first delivery.

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Article 6 - Right of Withdrawal

1. Consumers have the right to withdraw from the agreement within 14 days of receiving the product without providing any reason.

2. During the cooling-off period, consumers should handle the product and packaging carefully. The product should only be unpacked or used as necessary to assess whether the consumer wishes to keep it. If they exercise their right of withdrawal, they should return the product with all accessories and original packaging, following the entrepreneur’s instructions.

3. Consumers who wish to exercise their right of withdrawal must notify the entrepreneur within 14 days of receiving the product. The notification may be made via a model form or another unambiguous statement. Consumers must return the product within 14 days after notification and provide proof of timely shipment.

4. If the consumer has not indicated withdrawal within 14 days or has not returned the product, the purchase is final.

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Article 7 - Costs in Case of Withdrawal

1. Consumers bear the direct costs of returning the product.

2. If the consumer has already paid, the entrepreneur will refund the amount within 14 days of withdrawal, provided the returned product is received in good condition.

3. Consumers are responsible for any depreciation of the product due to handling beyond what is necessary to assess it.

4. If the entrepreneur has not provided legally required information about withdrawal, consumers are not liable for depreciation.

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Article 7 - Costs in case of withdrawal

1. The consumer bears the direct costs of returning the product.

2. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this is subject to the condition that the product has already been received by the retailer or that conclusive proof of complete return has been provided. The refund will be made using the same payment method the consumer used unless the consumer explicitly agrees to another payment method.

3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value.

4. The consumer cannot be held liable for any depreciation in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.

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Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur clearly states this in the offer, at least before concluding the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

   • that are made to the consumer's specifications;

   • that are clearly personal in nature;

   • that cannot be returned due to their nature;

   • that can spoil or age quickly;

   • whose price depends on fluctuations in the financial market that the entrepreneur has no influence over;

   • that are newspapers, magazines, or periodicals;

   • that are audio or video recordings and computer software where the consumer has broken the seal;

   • that are hygienic products where the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

   • concerning accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;

   • where delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;

   • relating to betting and lotteries.

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Article 9 - The price

1. During the validity period stated 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.

2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices depend on fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This link to fluctuations and the fact that any listed prices are indicative prices will be mentioned in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only allowed if:

   • they are the result of legal regulations or provisions; or

   • the consumer has the authority to terminate the contract as of the day the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

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Article 10 - Conformity and warranty

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 and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims under the agreement.

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect.

4. The entrepreneur’s warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

5. The warranty does not apply if:

   • the consumer has repaired and/or modified the delivered products or has had them repaired and/or modified by third parties;

   • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the entrepreneur's instructions and/or packaging instructions;

   • the defect is wholly or partially the result of government regulations regarding the nature or quality of the materials used.

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Article 11 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. Subject to what is stated in paragraph 4 of this article, 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 delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.

4. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.

5. In case of dissolution under paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but at the latest within 14 days after dissolution.

6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is borne by the entrepreneur.

7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur unless expressly agreed otherwise.

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Article 12 - Long-term transactions: duration, termination, and renewal

Termination

1. The consumer may terminate an indefinite-term contract that includes regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

2. The consumer may terminate a fixed-term contract that includes regular delivery of products or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

3. The consumer can cancel the agreements referred to in the previous paragraphs:

   • at any time and not limited to cancellation at a specific time or in a given period;

   • at least in the same manner as they were entered into;

   • always with the same notice period as the entrepreneur has set for itself.

Renewal

1. A fixed-term contract that includes regular delivery of products or services may not be automatically extended or renewed for a fixed period.

2. In deviation from the previous paragraph, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a maximum of three months if the consumer can cancel the extended contract with a notice period of no more than one month.

Duration

1. 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 prevent termination before the end of the agreed duration.

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Article 13 - Payment

1. Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days from the start of the cooling-off period referred to in Article 6(1).

2. The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.

3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs made known in advance to the consumer.

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Article 14 - Complaints Procedure

1. The entrepreneur has a clearly communicated complaints procedure and handles complaints in accordance with this procedure.

2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur within two months after the consumer has identified the defects. The complaint must be fully and clearly described.

3. Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will provide a confirmation of receipt within 14 days and indicate when the consumer can expect a more detailed response.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

5. In case of complaints, the consumer must first contact the entrepreneur. The online store is currently not affiliated with a quality mark with a dispute resolution committee.

6. A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.

7. If a complaint is deemed justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge, at its discretion.

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Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer, to which these general terms and conditions apply, are governed exclusively by Dutch law, even if the consumer resides abroad.

2. The Vienna Sales Convention does not apply.

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Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the consumer’s disadvantage and must be recorded in writing or in a way that allows the consumer to store them in an accessible manner on a durable data carrier.