Terms and conditions Vignette & Visa B.V.
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;
- Durable data carrier: any means that enables the consumer or entrepreneur 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;
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
- Company name: Vignette & Visa B.V.
- Address: Oudenoord 285b, 3513 EP Utrecht
- Email address: [email protected]
- Chamber of Commerce number: 90577434
- Btw-identificatienummer: NL865371131B01
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected 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, contrary to 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 it can be stored by the consumer in a simple manner 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 they will be sent electronically or otherwise free of charge at the consumer's request.
If one or more stipulations in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the stipulation in question shall be replaced without delay by mutual agreement with a stipulation that approaches the purport of the original as much as possible.
Situations not covered by 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 should be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 - The offer
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the products on offer. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours 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 costs of shipment
- the method of payment, delivery and performance of the agreement;
Article 5 - The agreement
The agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
Article 6 - Right of withdrawal
Products purchased through this web shop are custom-made according to the specification entered by you. The right of withdrawal is therefore not applicable. The sale is thus final after successful payment.
Article 7 - The price
The prices mentioned in the offer of products or services include VAT and shipping costs.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 8 - Conformity and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 4 weeks after delivery.
Article 9 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
All delivery periods are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term gives the consumer no right to compensation.
In case of dissolution, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 10 - Payment
The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
Each order is only delivered after payment.
Article 11 - Complaints procedure
Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a 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 answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which 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 a complaint is found valid by the entrepreneur, the entrepreneur will replace the delivered products free of charge.
Article 12 - Disputes
On agreements between the entrepreneur and the consumer to which these general conditions relate, the law of the Netherlands applies. However, this does not apply to mandatory provisions of the law of the country where the consumer resides. In that case, consumers can invoke the mandatory provisions of the law of their own country.
The Vienna Sales Convention does not apply.
Article 13 - Additional or different provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored in an accessible manner by the consumer on a durable data carrier.
These general terms and conditions have been translated from Dutch. In case of differences between the translated version and the original Dutch text, the Dutch version shall prevail. The Dutch version can be consulted via this link.