Terms and Conditions
General Terms and Conditions
Article 1 – Definitions
In these general terms and conditions, the following terms have the following meanings:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: a natural person who does not act in the exercise of a profession or business activity and who concludes a distance contract with an entrepreneur;
Day: calendar day;
Long-term contract: a distance contract relating to a series of products and/or services, the obligation to deliver and/or purchase of which is spread over time;
Durable medium: any means that enable the consumer or trader to store information addressed to him personally in a way that allows its future use and unchanged reproduction;
Right of withdrawal: the consumer's right to cancel a distance contract within the withdrawal period;
Entrepreneur: a natural or legal person offering products and/or services to consumers at a distance;
Distance contract: a contract concluded as part of a distance selling system organised by the entrepreneur for products and/or services, in which the conclusion of the contract is effected exclusively by means of one or more techniques of distance communication;
Distance communication technique: a means that can be used to conclude a contract without the simultaneous physical presence of the consumer and the entrepreneur;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: TJKE-Commerce
Company address: Lollestraat 25, 4731GK, Oudenbosch, Noord-Brabant
Contact: support@vynaofficial.com
Company Registration Number, KvK: 88519805
Article 3 – Application
These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before concluding the distance contract, it will be indicated that the general terms and conditions are available for inspection from the entrepreneur and will be sent to the consumer immediately upon request, free of charge.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer in electronic form so that the consumer can store them in an easily accessible manner on a durable medium. If this is not reasonably possible, before concluding the distance contract, it will be indicated where the terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon the consumer's request.
If, in addition to these general terms and conditions, specific terms and conditions for a product or service also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may invoke the provision that is most favourable to him.
If any provision of these general terms and conditions is wholly or partially invalidated or declared invalid, the contract shall remain in force and the provision in question shall be immediately replaced by a provision that comes as close as possible to the original intention.
Situations not regulated in these general terms and conditions will be assessed "in the spirit" of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.
Article 4 – Offer
If an offer has a limited validity period or is made subject to certain conditions, this will be clearly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to change and adapt the offer.
The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly evaluate the offer.
If the entrepreneur uses illustrations, they present a faithful representation of the products and/or services offered. Obvious errors or omissions in the offer do not bind the entrepreneur.
All illustrations, specifications and data in the offer are indicative and cannot constitute grounds for compensation or termination of the contract.
Product illustrations provide a faithful representation of the products offered. The company cannot guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This particularly applies to:
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Prices excluding customs duties and import VAT. These additional costs are borne by the customer at their own risk. Postal and/or courier services apply a special system for postal and courier services for imports. This system applies if the goods are imported into a destination country within the EU, which is also the case here. Postal and/or courier services collect VAT (possibly along with any applicable customs duties) from the recipient of the goods;
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Possible shipping costs;
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The method of concluding the contract and what actions are required for this;
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Does the right of withdrawal apply;
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Method of payment, delivery and performance of the contract;
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The deadline for acceptance of the offer or the deadline for which the entrepreneur guarantees the price;
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The amount of the tariff for distance communication if the costs of using the distance communication technique are calculated on a basis other than the standard tariff for the means of communication used;
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Will the contract be archived after its conclusion and, if so, how will the consumer have access to it?
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The way in which the consumer can check and, if necessary, correct the data he has provided before concluding the contract;
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Languages in which, apart from Dutch, a contract can be concluded;
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Codes of conduct to which the entrepreneur is subject and the way in which the consumer can become familiar with these codes electronically;
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Minimum duration of a distance contract in the case of a long-term contract.
Optional: available sizes, colors, types of materials.
Article 5 – Agreement
The contract is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the specified conditions.
If the consumer accepts the offer electronically, the entrepreneur immediately confirms receipt of the offer acceptance electronically. Until the entrepreneur confirms acceptance, the consumer may terminate the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a secure internet environment.
If the consumer has the option of paying electronically, the entrepreneur will provide appropriate security measures.
The trader may, within the limits of the law, check whether the consumer is capable of fulfilling his or her payment obligations and any facts and factors relevant to the responsible conclusion of the distance contract. If the trader has grounds for not concluding the contract based on this examination, he or she is entitled to refuse the order or application or to bind the execution to special conditions.
The entrepreneur will provide the consumer with the following information together with the product or service, in writing or in such a way that the consumer can store it on a durable medium:
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The registered office address of the entrepreneur to whom the consumer can submit complaints;
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Conditions and method of exercising the right of withdrawal or express exclusion of the right of withdrawal;
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Information about existing after-sales services and warranties;
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The information specified in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided it before the conclusion of the contract;
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Requirements for terminating a contract if the contract is to last for more than one year or is for an indefinite period.
In the case of a long-term contract, the provision of the above paragraph applies only to the first delivery.
Each contract is concluded subject to the availability of the ordered products.
Article 6 – Right of withdrawal
When purchasing products, consumers have the right to withdraw from the contract without giving any reason within 14 days. The withdrawal period begins on the day the consumer or a third party designated by the consumer, other than the carrier, receives the product.
During the withdrawal period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product.
If the consumer exercises the right of withdrawal, the consumer shall return the product with all supplied accessories, if possible in its original condition and packaging, in accordance with reasonable and clear instructions provided by the trader.
Consumers who wish to exercise their right of withdrawal must notify the trader within 14 days of receiving the product. The consumer must do so in writing or by email.
After notifying the consumer of their intention to withdraw, they must return the product within 14 days. The consumer must be able to prove that the goods were returned on time, for example, by providing proof of postage.
If, after the expiry of the above-mentioned deadlines, the consumer has not declared his/her willingness to exercise the right of withdrawal or has not returned the product, the purchase becomes a fait accompli.
Article 7 – Costs in the event of withdrawal from the contract
If the consumer exercises the right of withdrawal, the costs of returning the product shall be borne by the consumer.
If the consumer has paid the amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after the withdrawal. This is subject to receipt of the returned product or the consumer providing credible proof of return shipment.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal in relation to the products and services described in paragraphs 2 and 3.
Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly indicated this in the offer, at the latest before concluding the contract.
Exclusion of the right of withdrawal is only possible in relation to products:
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Made to consumer specifications;
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Clearly personalized;
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Which, due to their nature, cannot be returned;
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Which spoil or age quickly;
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The price of which depends on fluctuations in the financial market over which the entrepreneur has no influence;
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Individual newspapers and magazines;
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Audio and video recordings and computer software whose packaging has been opened by the consumer;
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Hygiene products whose packaging has been opened.
Exclusion of the right to withdraw from the contract is possible in relation to the following services:
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Concerning accommodation, transport, catering or leisure services provided on a specific day or during a specific period;
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The implementation of which began with the consumer’s express consent before the expiry of the withdrawal period;
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Concerning betting and lotteries.
Article 9 – Price
During the validity period of the offer, the prices of the products and/or services offered will not be increased, except for changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no influence, at variable prices. This will be clearly stated in the offer.
Price increases within 3 months of concluding the contract are only permitted if they result from statutory or regulatory provisions.
Price increases after 3 months from the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
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They are the result of statutory provisions or regulations; or
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The consumer has the right to terminate the contract with effect from the date the price increase comes into effect.
According to Article 5, Paragraph 1 of the Turnover Tax Act 1968, the place of delivery is the country where the transport began. In this case, delivery takes place outside the EU. The postal or courier service provider will then collect the import VAT or customs duties from the customer. Therefore, the trader does not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of a printing error, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 10 – Compliance and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications given in the offer, reasonable quality and/or usability requirements and the legal provisions and/or regulations issued by state authorities applicable on the date of conclusion of the contract.
If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
The warranty provided by the entrepreneur, manufacturer or importer does not limit the consumer's statutory rights and claims arising from the contract against the entrepreneur.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The warranty period provided by the trader corresponds to the manufacturer's warranty period. The trader is never responsible for the ultimate suitability of the products for each individual consumer application, nor for any advice regarding the use or application of the products.
The warranty does not apply to:
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If the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
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If the products have been exposed to abnormal conditions or have been used improperly or contrary to the trader's and/or packaging instructions;
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If the defects result wholly or partly from legal provisions regarding the type or quality of the materials used.
Article 11 – Delivery and Fulfillment
The entrepreneur will exercise the utmost care when accepting and fulfilling orders for products.
The place of delivery is the address that the consumer has provided to the entrepreneur.
In accordance with Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders without delay, but no later than within 30 days, unless a longer delivery period has been agreed.
If delivery is delayed or an order cannot be fulfilled or only partially, the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the contract free of charge and is entitled to possible compensation.
In the event of termination of the contract in accordance with the above paragraph, the entrepreneur will refund the amount paid to the consumer as soon as possible, but no later than within 14 days.
If delivery of the ordered product proves impossible, the entrepreneur will make every effort to deliver a replacement product. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement product has been delivered.
If replacement products are delivered, the right to withdraw from the contract cannot be excluded. The costs of any return will be borne by the entrepreneur.
The risk of damage and/or loss of the products rests with the entrepreneur until they are delivered to the consumer or a third party indicated by the consumer.
Article 12 – Long-term contracts: duration, termination and extension
Solution:
The consumer may terminate a contract concluded for an indefinite period for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of maximum one month.
The consumer may also terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time, at the end of the agreed period, subject to the notice rules and a maximum notice period of one month.
The consumer may terminate the contracts specified above:
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At any time, without limitation as to termination at a specific date or period;
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At least in the same way that they were included;
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With always the same notice period that the entrepreneur reserves for himself.
Extension:
A fixed-term contract for the regular supply of products or services cannot be automatically extended or renewed for a fixed period.
Notwithstanding the above, a fixed-term contract for the supply of daily newspapers, weeklies or magazines may be automatically extended by a maximum of three months if the consumer can terminate the extended contract with a one-month notice period.
A fixed-term contract for the regular delivery of products or services may only be extended for an indefinite period if the consumer can terminate it at any time with a one-month notice period and with a maximum three-month notice period in the case of the delivery of daily newspapers, weeklies and magazines less than once a month.
A trial or introductory contract for the regular delivery of newspapers, news and magazines (trial or promotional subscription) is not automatically extended and ends automatically at the end of the trial or promotional period.
Duration:
If the contract lasts longer than one year, the consumer may terminate the contract at any time after one year, subject to a maximum notice period of one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts due to the consumer must be paid within 7 working days from the commencement of the withdrawal period set out in Article 6, paragraph 1.
In the case of a contract for the provision of services, this period begins to run from the moment the consumer receives confirmation of the contract.
The consumer is obliged to immediately report to the entrepreneur any irregularities in the payment data provided or indicated.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limits, to charge reasonable costs that have been previously communicated to the consumer.
Article 14 – Complaints procedure
Complaints regarding the performance of the contract must be submitted to the entrepreneur within 7 days of discovering the defect, in a full and clearly described manner.
Complaints submitted to the entrepreneur will be considered within 14 days of their receipt.
If the complaint requires a longer time to be considered, the entrepreneur will inform the consumer within 14 days, stating the expected date of providing a detailed response.
If a complaint is not resolved through mutual consultation, a dispute arises that is subject to a dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur expressly states otherwise in writing.
If the complaint is deemed justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered product free of charge.
Article 15 – Disputes
Agreements between a trader and a consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
This also applies to situations where the consumer resides abroad.