Terms & Conditions
Terms and conditions for the VM Organic web store when delivered to Consumers.
Article 1 - Definitions
In these conditions:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of a appointment between the third party and the entrepreneur;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not a minor and does not act in the exercise of a profession or business and who enters into a distance contract with VM Organic;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Term Agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
7. Durable data carrier: every device - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him in person in a way that future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: VMOrganic
10. Remote agreement: an agreement whereby, within the framework of a system organized by VM Organic for the distance selling of products and / or services, up to and including the conclusion of the agreement only one or more communication techniques are used. distance;
11. Technique for distance communication: means that can be used to close
an agreement, without the consumer and entrepreneur having to be in the same room at the same time to have met;
Article 2 - Identity of the entrepreneur
Brabantse Turfmarkt 45
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 70951780
VAT identification number: NL858523176B01
Article 3 - Applicability
1. These general terms and conditions apply to all offers, agreements, as well as the conclusion of agreements and other legal relationships between VM Organic and the Consumer.
2. 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, the entrepreneur before the distance contract is concluded, indicate how the general terms and conditions at the entrepreneur to see and that at the request of the consumer as soon as possible to be sent free of charge.
3. If the distance contract is concluded electronically, by way of derogation 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 the consumers can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting conditions always invoke the applicable provision that is most favorable.
Article 4 - Offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to get a good assessment of the product.
3. VM Organic makes use of images these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer do not bind VM Organic.
4. 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:
a. the price including 9% tax;
b. the possible costs of delivery;
c. the manner in which the agreement will be concluded and which actions are required for this;
d. the manner of payment, delivery or execution of the agreement;
e. the period for accepting the offer or the period for adhering to the price;
Article 5 - Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the Consumer of the offer and the fulfillment of the corresponding conditions.
2. If the Consumer has accepted the offer electronically, VM Organic will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Consumer can dissolve the agreement.
3. If the agreement is concluded electronically, VM Organic 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, VM Organic will take appropriate security measures to that end.
4. VM Organic can - within the legal framework - inform itself whether the Consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If VM Organic, based on this research, has good reasons not to enter into the agreement, it is entitled to refuse an order or request.
Article 6 - Right of withdrawal
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but not to oblige him to state his reason (s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
A. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur 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.
B. 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, received the last shipment or the last part;
C. in contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not delivered on a tangible medium:
3. The consumer can dissolve a service contract and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 7 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but not to oblige him to state his reason (s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Article 7 - Obligations of the consumer during the cooling-off period.
1. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
3. The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he will report this within the entrepreneur's cooling-off period.
2. As soon as possible, but within 14 days from 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 entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
6. The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium if:
A. prior to the delivery, he has not expressly agreed to commence the fulfillment of the contract before the end of the cooling-off period;
B. he has not acknowledged to lose his right of withdrawal when giving his consent; or
C. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all supplementary agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgment of receipt immediately after receipt of this notification.
2. The trader will reimburse all payments from 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 withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
3. The entrepreneur uses the same payment method that the consumer uses for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - 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 clearly stated this with the offer, at least in time for the conclusion of the agreement:
1. Products that spoil quickly or have a limited shelf life;
2. Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
3. Products which by their nature are irrevocably mixed with other products after delivery;
Article 11 - The price
1. 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.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are stated in the offer.
3. The prices mentioned in the offer of products or services include VAT.
Article 12 - Compliance agreement and additional warranty
1. The entrepreneur warrants 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 rights existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur under the contract if the entrepreneur has failed to fulfill his part of the contract. agreement.
3. An additional guarantee is understood to mean every obligation of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the contract. the agreement.
Article 13 - Delivery and execution
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and the right to compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.
5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless explicitly agreed otherwise.
Article 14 - Payment
1. For payment by Consumers, VM Organic uses the online payment system iDeal, PayPal or credit card payment.
2. If payment in advance is stipulated, the Consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
3. The Consumer has the duty to report inaccuracies in provided or stated payment data to VM Organic without delay.
4. Invoices must be paid by the Consumer no later than the expiry date indicated on the invoice.
5. The Consumer is legally in default vis-à-vis VM Organic if the payment is not made within the period specified in art. 9 paragraph 1 has been received.
6. In the event of overdue payment, VM Organic Consumer will charge an interest of 1% per month from the due date up to the time of payment, with parts of a month being counted as an entire month.
7. In the event of overdue payment, all extrajudicial collection costs of VM Organic will be at the expense of the Consumer. VM Organic is also entitled in that case to charge administration costs to the Consumer. The extrajudicial collection costs, including the administration costs, are set by the parties at at least 15% of the main claim, with a minimum of Euro 50, - to be increased by the VAT due.
8. Settlement by the Consumer with the claim of VM Organic is not permitted.
Article 15 - Intellectual property and Copyright
1. The Consumer explicitly acknowledges that all intellectual property rights of displayed information, announcements or other expressions relating to the products and / or relating to the internet site are vested in VM Organic, its suppliers or other entitled parties.
2. Intellectual property rights means patent, copyright, trademark, design and design rights and / or other (intellectual property) rights, including sui generis rights to databases, or other products, as well as - in that case not patentable technical and / or commercial know-how, methods and concepts.
3. The Consumer is prohibited from making use, including the making of changes, of the intellectual property rights as described in this article, such as multiplication, without the express prior written permission of VM Organic, its suppliers or other entitled parties.
Article 16 - Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 7 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 7 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. A dispute will only be dealt with by VM Organic if the consumer has first submitted his complaint within a reasonable time.
5. It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)
Article 17 - Disputes
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply conditions, only Dutch law applies. Even if the consumer living abroad.
2. The Vienna Sales Convention does not apply.