Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: The period during which the consumer can exercise the right of withdrawal.
- Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.
- Day: Calendar day.
- Long-term transaction: A distance agreement regarding a series of products and/or services, where the delivery and/or performance obligations are spread over time.
- Durable data carrier: Any medium that allows the consumer or entrepreneur to store information addressed personally to them in a manner that enables future consultation and unchanged reproduction of the stored information.
- Right of withdrawal: The possibility for the consumer to cancel the distance agreement within the cooling-off period.
- Entrepreneur: The natural or legal person offering products and/or services remotely to consumers.
- Distance agreement: An agreement concluded through a system organized by the entrepreneur for the remote sale of products and/or services, where the agreement is concluded solely by means of remote communication techniques.
- Remote communication technique: A means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same location.
- General Terms and Conditions: These general terms and conditions of the entrepreneur.
Article 2 – Applicability
These general terms and conditions apply to any offer from the entrepreneur and any distance agreement and orders between the entrepreneur and the consumer.
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, it will be stated that the general terms and conditions are available for inspection at the entrepreneur's location and that they will be sent to the consumer free of charge upon request as soon as possible.
If the distance agreement is concluded electronically, the text of these general terms and conditions may, deviating from the previous paragraph, be made available electronically before the agreement is concluded in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be stated before the agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request.
Article 3 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.
The offer is non-binding. The entrepreneur has the right to modify and adjust the offer.
The offer includes a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they will be an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.
Article 4 – The Agreement
The agreement is concluded when the consumer accepts the offer and meets any conditions attached to it.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance without delay via electronic means. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may cancel the agreement.
The entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal frameworks, assess whether the consumer can meet their payment obligations and whether any facts or factors are relevant to responsibly entering into the distance agreement. If the entrepreneur has reasonable grounds to believe the agreement should not be concluded, they may refuse the order or attach special conditions to the execution of the agreement.
Article 5 – Right of Withdrawal
When purchasing products, the consumer has the right to cancel the agreement without providing any reason within 30 days. This cooling-off period starts on the day after the consumer or a designated representative receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product, along with all provided accessories, and if reasonably possible, in the original condition and packaging, following the entrepreneur's clear instructions.
The consumer must inform the entrepreneur of their decision to exercise the right of withdrawal within 30 days after receiving the product. This notice must be given via written communication (e.g., email). After notifying the entrepreneur of the intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer should prove that the goods were returned on time, for example, by providing a shipping receipt.
If the consumer does not inform the entrepreneur of their intention to withdraw or fail to return the product within the specified time, the purchase becomes final.
Article 6 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the return costs will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 30 days after the withdrawal, provided the product has been returned or proof of return is provided.
Article 7 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has explicitly mentioned this in the offer, or at least before the agreement is concluded.
The exclusion of the right of withdrawal is only possible for products:
- Made to the consumer's specifications;
- Clearly personal in nature;
- Which cannot be returned due to their nature;
- Which may spoil or age rapidly;
- Whose price is linked to fluctuations in the financial market outside the entrepreneur's control;
- For single newspapers and magazines;
- For audio and video recordings and computer software if the consumer has broken the seal;
- For hygienic products if the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services: - Concerning accommodation, transport, restaurants, or leisure activities scheduled for a specific date or period;
- Where delivery has explicitly begun with the consumer’s agreement before the cooling-off period expired;
- Regarding gambling and lottery services.
Article 8 – The Price
Throughout the validity period mentioned in the offer, the prices of the offered products and/or services will not increase, except for price changes resulting from changes in VAT rates.
The entrepreneur may offer products or services subject to fluctuations in the financial market, over which they have no control, at variable prices. This dependency on fluctuations and the fact that any prices listed are indicative will be mentioned in the offer.
Price increases within three months of the agreement's conclusion are only allowed if they result from legal provisions or regulations.
Price increases after three months from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this, and:
- They result from legal regulations or provisions; or
- The consumer has the right to cancel the agreement from the date the price increase takes effect.
Article 9 – Identity of the Entrepreneur
Company name: Venova-Edmonton
Company address: Verdilaan 12
info@venova-edmonton
Chamber of Commerce number: 42030726
VAT identification number: NL005442869B28
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, reasonable requirements of quality, and the applicable legal provisions and/or government regulations.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights under the agreement.
Defects or incorrectly delivered products must be reported to the entrepreneur within 30 days after delivery. Returns must be made in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the product's suitability for any specific use by the consumer or any advice related to its use or application.
Article 11 – Delivery and Execution
The entrepreneur will handle product orders with the utmost care.
The place of delivery is the address specified by the consumer.
Taking into account Article 4, the entrepreneur will execute accepted orders promptly but no later than within 30 days, unless the consumer agrees to a longer delivery time. If delivery is delayed, or if an order can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to cancel the agreement at no cost and is entitled to compensation.
Article 12 – Long-term Transactions: Duration, Cancellation, and Extension
Cancellation:
The consumer can cancel an agreement entered into for an indefinite period, which involves regular delivery of products or services, at any time, with a notice period of no more than one month.
The consumer can cancel an agreement for a fixed period, which involves regular delivery of products or services, at any time before the end of the fixed term, with a notice period of no more than one month.
Article 13 – Payment
Unless otherwise agreed, the consumer must pay the amounts owed within seven days after the cooling-off period mentioned in Article 6, paragraph 1 begins. In the case of a service agreement, this period starts after the consumer has received the confirmation of the agreement.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted in full and clearly to the entrepreneur within seven days after the consumer discovers the defects.
Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt.
Article 15 – Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these terms and conditions apply, even if the consumer resides abroad.
Article 16 – CESOP
Due to measures that will be introduced and strengthened from 2024 in connection with the “Law amending the VAT Act 1968 (law implementing the Payment Services Directive)” and the implementation of the central electronic payment information system (CESOP), payment service providers may register data in the European CESOP system.