Terms of Service

 

 

Article 1 - Definitions

 

In these terms and conditions, the following definitions shall apply:

 

• Reflection period: the period within which the consumer can exercise his right of withdrawal;
• Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
• Day: calendar day;
• Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
• Durable data carrier: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
• Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period; 
• Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
• Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
• Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
• General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

 

Beyond Commerce
Herenstraat 12A, 3621AR BREUKELEN. The Netherlands
E-mail address: info@valoistre.com
Chamber of Commerce number: 80233856
Btw-Number: NL003411279B32

 

Article 3 - Applicability

 

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer.

 

If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the rest and the provision in question shall be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible. Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

 

Article 4 - The offer

 

The offer contains a complete and accurate description of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.

 

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:

• The price including taxes;
• The possible costs of shipment;
• The manner in which the agreement will be established and what actions are necessary to do so;
• Whether or not the right of withdrawal is applicable;
• The method of payment, delivery and performance of the agreement;
• The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• The height of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
• Whether the agreement will be archived after its conclusion, and if so, the manner in which it can be consulted by the consumer;
• The manner in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
• The possible other languages in which, besides Dutch, the agreement can be concluded;
• The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
• The minimum duration of the distance contract in case of a duration transaction.

 

Optional: available sizes, colors, type of materials.

 

Article 5 - The agreement

 

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby set. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

 

If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating his reasons.

 

The Entrepreneur shall send the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable data carrier: a. The visiting address of the Entrepreneur's business establishment where the Consumer may get into contact for any complaints; b. The conditions under which and the way in which the Consumer may exercise the right of withdrawal, or a clear notification as to the exclusion of the right of withdrawal; c. The information about guarantees and existing service after purchase; d. The data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement; e. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

 

In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery. Each contract is entered into under the suspensive conditions of sufficient availability of the relevant products.

 

Article 6 - Right of Withdrawal When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.

 

Article 6 - Right of withdrawal

 

When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.

 

If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.

 

If the customer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiration of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

 

Article 7 - Costs in case of withdrawal

 

If the consumer uses his right of withdrawal, the costs of returning the products are for the consumer's account. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive evidence of complete return can be presented.

 

Article 8 - Exclusion of right of withdrawal

 

The entrepreneur can exclude the consumer's right of withdrawal for certain products and services, provided he clearly states this in the offer and this is done before the agreement is concluded. Exclusion of the right of withdrawal is only possible for products and services that:

 

a. Are custom-made according to the consumer's specifications; b. Are personal in nature and cannot be returned; c. May spoil or age quickly; d. Are subject to fluctuations in the financial market over which the entrepreneur has no influence; e. Are loose newspapers, magazines or products with a seal that the consumer has broken; f. Are hygienic products of which the consumer has broken the seal; g. Are services that have already started with the express consent of the consumer before the cooling-off period has expired; h. Relate to accommodation, transportation, restaurant business or leisure activities and are delivered on a specific date or time.

 

Article 9 - The price

 

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

 

Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

 

a. These are the result of statutory regulations or provisions; b. The consumer has the authority to terminate the contract as of the day on which the price increase takes effect.

 

Article 10 - Compliance and Warranty

 

The entrepreneur guarantees that the products and / or services meet the agreement and the specifications as stated in the offer. Also, the products and / or services meet the reasonable requirements of reliability and usability, and the legal provisions and government regulations applicable on the date of conclusion of the agreement.

 

If specific agreements have been made regarding the use of the product for purposes other than normal use, the entrepreneur also guarantees that the product is suitable for these other purposes.

 

Any guarantees provided by the entrepreneur, manufacturer or importer do not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.

 

Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 14 days after delivery. When returning the products, this must be done in the original packaging and in new condition.

 

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, it is important to note that the entrepreneur is not 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.

 

The warranty does not apply in the following cases:

 

If the consumer has repaired and/or modified the delivered products himself, or has had them repaired and/or modified by third parties;
If the delivered products are exposed to abnormal conditions or otherwise carelessly treated, or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;
If the inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

 

Article 11 - Delivery and execution

 

The company will take the greatest possible care when receiving and executing orders for products. The place of delivery is the address that the consumer has made known to the company.

 

Accepted orders will be carried out expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed upon and the consumer has agreed to this.

 

If delivery is delayed or an order cannot or can only be partially carried out, the consumer will be notified within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without cost and to claim any damages. Upon dissolution, the entrepreneur will refund the amount paid as soon as possible, but no later than 14 days after dissolution.

 

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. With replacement articles, the right of withdrawal cannot be excluded.

 

The cost of any return shipment shall be borne by the customer.

 

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

 

Article 12 - Duration transactions: duration, termination and renewal Termination:

• An open-ended contract that extends to the regular supply of products (including electricity) or services may be terminated by the consumer at any time subject to the agreed termination rules and a notice period not exceeding one month.
• A fixed-term contract that extends to the regular supply of products (including electricity) or services may be terminated at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of up to one month.
• The consumer may terminate the said contracts at any time and is not limited to termination at a specific time or period.
• Termination may be made in the same manner as the contract was entered into.
• The notice period for the consumer is equal to the notice period that the entrepreneur has stipulated for himself.

 

Renewal:

• A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
• A fixed-term contract that extends to the regular supply of daily, news and weekly newspapers and magazines may be tacitly extended for a maximum duration of three months, provided that the consumer may terminate this extended contract towards the end of the extension with a notice period not exceeding one month.
• A fixed-term contract that extends to the regular supply of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate it at any time with not more than one month's notice and not more than three months' notice if the contract extends to the regular supply of products or services but less than once a month.

 

Article 13 - Payment

 

Unless otherwise agreed, the amounts due should be paid by the consumer within 7 working days after the start of the reflection period, as referred to in

 

article 6 paragraph 1. In case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.

 

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

 

If the consumer defaults on payment, the entrepreneur, subject to legal restrictions, retains the right to charge the reasonable costs made known to the consumer in advance.

 

Article 14 - Complaints procedure

 

Complaints about the implementation of the agreement should be submitted to the entrepreneur within 7 days after the consumer has found the defects, fully and clearly described.

 

The entrepreneur will respond to the complaint submitted to him within a period of 14 days after receipt of the complaint.

 

If the complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.

 

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

 

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

 

If the complaint is found to be justified by the entrepreneur, the entrepreneur, at his discretion, has the option to replace or repair the delivered products free of charge.

 

Article 15 - Disputes

 

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