Terms & Conditions

 

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Terms of Vitasel-Shop, a member of Stichting Webwinkelkeur

Table of Contents:

Article 1 - Definitions 
Article 2 - Identity of the entrepreneur 
Article 3 - Applicability 
Article 4 - The offer 
Article 5 - The contract 
Article 6 - Right 
Article 7 - Costs in case of withdrawal 
Article 8 - Exclusion of right of withdrawal 
Article 9 - The price 
Article 10 - Warranty and liability 
Article 11 - Delivery and implementation 
Article 12 - Payment 
Article 13 - Transfer of ownership 
Article 14 - Force Majeure 
Article 15 - Complaints 
Article 16 - Disputes 
Article 17 - Intellectual Property 
Article 18 - Privacy, Cookies and Google Analytics 
Article 19 - Additional or different terms 

Article 1 - Definitions

In these conditions apply:

  1. Grace period: The period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
  3. Day: calendar;
  4. Transaction Duration: a distance contract concerning a series of products and / or services, the supply and / or purchase is spread over time;
  5. Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the ability for consumers to see within the waiting period of the contract;
  7. Standard form: the model withdrawal form made available by the entrepreneur who can fill a consumer if he wants to exercise his right of withdrawal.
  8. Entrepreneur / Vitasel the natural or legal products and / or services to consumers;
  9. Distance contract means an agreement in the context of a distance selling system organized by the entrepreneur of products and / or services until the conclusion of the agreement exclusive use of one or more means of distance communication;
  10. Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room.
  11. General Conditions: the General Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Vitasel comfortable living at home (part of Vitasel) 
Winthontlaan 200 
3526 KV  UTRECHT
NETHERLANDS 
Phone: 0031 (0) 30-636 42 47 
During days of month t / m Friday 09.00uur to 17.00. 
Visit by appointment.
Email: info@vitasel.nl 
Commercial Register: 73542660
VAT identification number: NL859568040B01



Article 3 - Applicability

  1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance and orders between businesses and consumers.
  2. A. Before concluding a distance electronically is closed, the text of these terms and conditions will be made available to consumers through the online store www.vitasel-shop.nl under the heading Customer Service / Terms and Conditions. 
    B. The text of these terms and conditions will be made available to consumers electronically in such a way that it can be stored by the consumer in a simple way on a durable medium. 
    If this is not reasonably possible, before the distance contract is closed, will indicate where to be aware of the general conditions electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  3. Entrepreneur reserves the right to change these General Terms in order to adapt it to the legal norms and rules of the Netherlands and / or Europe.
  4. By placing an order the customer agrees to these Terms and any other rights and duties that are published at www.vitasel-shop.nl.
  5. In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision most favorable to him is.
  6. If one or more provisions of these terms at any time wholly or partially invalid or destroyed, it remains the agreement and these conditions will remain in position and the provision by mutual agreement will be immediately replaced by a provision that the scope approached from the original as possible.
  7. Situations that are not covered by these general conditions should be assessed 'in the spirit of these terms and conditions.
  8. Uncertainties over the interpretation or content of one or more provisions of our terms, should be interpreted "in the spirit of these terms and conditions.

 

Article 4 - The offer

  1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer is subject. The entrepreneur is entitled to change the offer and adapt.
  3. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur. 
    Trader is not bound to deliver a product in accordance with the mistake / error.
  4. All images, data specifications in the offer are indicative and may not lead to damages or rescission of the contract.
  5. Images on products are a true representation of the products offered. Entrepreneur can not guarantee that the displayed colors correspond exactly to the real color of the products.
  6. Each offer contains such information that is clear to the consumer what rights and obligations which are attached to accepting the offer. 
    This concerns in particular:
  • the price including taxes;
  • any costs of delivery;
  • how the agreement will be achieved and what actions they require;
  • it apply whether or not the right of withdrawal;
  • the method of payment, delivery or performance of the contract;
  • The deadline for accepting the offer, or the deadline for adhering to the price;
  • the size of the tariff for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication;
  • if the contract is filed after conclusion, and if so, how this can be accessed by the consumer;
  • the way the consumer to conclude the agreement can check the information provided by him under the contract and repair if necessary;
  • any other languages, including Dutch, the contract may be entered;
  • The conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
  • The minimum duration of the distance contract in the event of an extended transaction.


Article 5 - The contract

  1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions. The delivery of the product to find places after payment of the consumer.
  2. If the consumer has accepted the offer electronically, confirms the entrepreneur within 24 hours electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
  4. The entrepreneur can - within the law - inform or the consumer can meet its payment obligations, as well as all facts and factors relevant to a sound conclusion of the distance contract. If the operator under this investigation was justified in order not to enter into the agreement, he is entitled to refuse or to attach special conditions to implement an order or request.
  5. The entrepreneur will the product or service to the consumer the following information in writing or in such a way that it can be stored in an accessible manner to the consumer on a durable medium to send: 
    a. the address of the establishment of the business where consumers can lodge complaints, this is stated on the invoice; 
    b. the reference to the right of withdrawal and how the consumer can make use of the right of withdrawal is stated on the order confirmation.
  6. Entrepreneur has the right to refuse an order or cancel within 5 days of order. 

Article 6 - Right

When delivering products:

  1. When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences on the day following receipt of all the products of the order by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.
  2. During this period the consumer will treat the product and packaging. He will be the product only to unpack or use as necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he will the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, according to the trader provided reasonable and clear instructions.
  3. If the consumer wishes to exercise his right of withdrawal, he is required within 14 days after receiving the products, to make known to the entrepreneur. The express consumers can do through the model withdrawal form or by email info@vitasel-shop.nl or via contact . Entrepreneur consumers will as soon as possible send a confirmation of receipt of withdrawal. 
    After the consumer has expressed its wish to exercise his right of withdrawal, the customer must return the product within 14 days. 
    The consumer must prove that the goods are returned on time, for example through a proof of shipment.
  4. When returning the product, the risk / liability of the product among consumers. Consumers should ensure proper packaging and to ensure adequate protection during transport.
  5. If the customer after the paragraph 2 and 3 periods are not made known to make use of his right of withdrawal, respectively. the product has not returned to the entrepreneur, the purchase is a fact.
  6. Retouneringen can, including the standard form, to be sent to: 
    Vitasel 
    Attn: Customer Service 
    Winthontlaan 200 
    3526 KV  UTRECHT 
    Netherlands

    Or via the requested return label
    - To
    MyParcel.nl
    T.a.v. Vitasel return
    PO Box 442
    2130 AK MAIN VILLAGE
    THE NETHERLANDS
Note: Enterprise customers are always excluded from the right of withdrawal.

Article 7 - Costs in case of withdrawal and repayment

  1. If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
  2. If the consumer has paid an amount, the entrepreneur this amount, including paid postage (sending the product from us to you) as soon as possible but no later than 14 days after the cancellation, refund. 
    This is the condition that the product has been received back can be submitted by the entrepreneur or conclusive evidence of complete return.
  3. Upon repayment, the amount is refunded to the bank account that the article has been paid.
  4. If your order, by returning a portion of the products, falls below the order amount for free shipping. The free shipping of your package expires. We will then calculate the shipping costs that are not charged to you and deduct this from the amount to be reimbursed.

 

Article 8 - Exclusion of right of withdrawal

  1. The operator may exclude the right of withdrawal of the consumer products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly in the offer, at least in time for the conclusion of the agreement stated.
  2. Exclusion of the right of withdrawal is only possible for products: 
    A that have been created by the trader in accordance with specifications of the consumer.; 
    b. that are clearly personal in nature; 
    c. that can not be returned because of their nature; 
    d. that spoil or become obsolete; 
    e. whose price depends on fluctuations in the financial market over which the trader has no influence; 
    f. hygiene products for which the consumer has broken the seal.


Article 9 - The price

  1. During the period mentioned, the prices of the products and / or services have not increased in the range, except for price changes due to changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and: 
    a. they are the result of legislation or regulations; or 
    b. the consumer has the right to terminate the agreement as of the date the increase takes effect.
  5. The prices in the supply of products or services are denominated in the Euro currency and are inclusive of VAT and exclusive of shipping and / or payment charges and, if applicable, import and export duties, excise duties, all other levies or taxes imposed or levied in respect of any performance.
  6. All prices are subject to pressure - errors. For the consequences of pressure - and typographical no liability is accepted. With pressure - errors the company is not obliged to deliver the product as the erroneous price.
  7. Consumer indemnifies entrepreneur for all costs and damages that may result from the fact that for an entrepreneur. 
    a. The consumer / client is not properly registered for VAT or a similar tax in a similar Member State, worldwide; 
    b. The consumer / customer has provided incorrect or untimely information to entrepreneurs and / or the authorities in the field of value added tax or a similar tax in a similar Member State, worldwide;
  8. If you have a discount code and uses them it applies to our products, excluding products which (reduced price) in the offer are.
  9. Minimum order amount of € 10,00 including VAT.


Article 10 - Warranty and liability

  1. The operator guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
  2. Any defects or faulty goods should be reported in writing within 5 days after delivery to the operator. Return of the product must be in its original packaging and in new condition.
  3. The guarantee of the entrepreneur corresponds to the manufacturer's warranty period.
  4. The operator, however, ever is responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice as to the use or application of the products.
  5. The guarantee does not apply if: 
    a. Consumer products supplied has repaired itself and / or processed by third parties to repair and / or processing; 
    b. The products supplied are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the employer and / or on the packaging; 
    c. Were defective in whole or in part the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
  6. Entrepreneur can not be held liable for any damage, but also by the consumer / client or any other one as well, unless there is gross intentional, negligence or fault on the part of entrepreneurs. 
    Entrepreneur is not liable for consequential loss, indirect damage and loss of business.
  7. In the event of warranty and consumer delivery to entrepreneurs are the shipping cost for consumers.
  8. If there is a liability to the operator shall be liable within 1 year are indicated by registered letter.
  9. Number trader is liable when mistakes are made because an entrepreneur has no accurate information received from consumer / client as humble, contact details etc.
  10. Any liability is limited to the amount paid out in the particular case of professional liability insurance.

 

Article 11 - Delivery and implementation

  1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for services.
  2. Once payment on our bank account we will handle order further.
  3. The place of delivery is the address that the consumer made known to his order to the entrepreneur.
  4. The consumer is responsible for its customer data ie name, address, telephone or mobile number, email address, delivery address etc. (hereinafter referred to as address details) 
    Changes to contact details should match the consumer.
  5. The entrepreneur is not responsible for sending products to incorrect address and / or delivery address entered by the consumer.
  6. Will undertake the specified delivery with the product as good as possible observe. It may be possible that not the whole was incomplete or incorrect information provided by third parties. This may no rights to the displayed delivery times can be derived, as these are only one indication.
  7. The displayed delivery times refer to working days (Monday / Friday) and not calendar days. If there is a holiday on a working day, this day do not get included in the count of the number of days in the delivery.
  8. Subject to what is stated in Article 4 of these terms and conditions, the company will implement accepted orders expeditiously within 30 days unless the consumer has agreed to a longer delivery. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the agreement without penalty.
  9. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 14 days after repudiation.
  10. Exceeding any time, by anyone even alleged, the consumer has no right to any (damage) compensation. 
    In that case there is no right to dissolve on termination of the contract, unless the time limit of 30 days so get exceeded it can be assumed that the consumer can reasonably wise not require that the contract be maintained.
  11. If an order can be executed only partially, the entrepreneur has the right to postpone delivery until all products can be sent together.
  12. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
  13. Upon delivery to or abroad, there may be different Terms and Conditions apply. 
    The current cost for posting are clearly stated during the ordering process in each country and under the heading Support at Shipping & returns and the page of a product under the price by clicking on shipping. 
    When you are sending money to an entrepreneur can also apply to other Terms and Conditions. 
    If there is any import duties to be paid by the consumer (client) of the package, for more information refer to article 9, paragraph 5 of these General Terms and Conditions.

Article 12 - Payment
  1. Unless otherwise agreed, the amounts owed by consumers in advance to be paid referred to in Article 5 paragraph 1. 
    In case of an agreement to provide a service, this period shall commence after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator.
  3. In the event of default by the consumer, the operator subject to statutory limitations, the right to advance to the consumer made known to charge reasonable costs. When using a collection agency, these costs are added here as well as the costs incurred by an entrepreneur with regard to activities of receivables management.
  4. Entrepreneur hanteerd statutory rate when consumers without further notice, on the last day of the payment has not fulfilled his payment obligation. 
    There are also from that day also pay collection costs and the interest rate which is equal to the statutory interest rate, which is calculated monthly on the amount of the receivable amount of the time. 
    These extra costs will be charged as soon as the claim is passed on to a collection agency.
  5. By entrepreneur offered several payment options, which are administered by Stichting Mollie Payments, the terms of these parties are in effect for payments. 
    Information about the various payment options via this link or can be found by clicking on the bottom of our site on a payment provider and / or the entry payment methods or under our section customer service, payment methods. 
    Foundation Mollie payments consist of a payment service provider and handle all payments for many Internet companies, including for Vitasel shop.
  6. Entrepreneur has no effect on the pay and conditions - conditions of the payment provider, such as Foundation Mollie Payments, PayPal, Sofort Banking etc. 
    Also, entrepreneurs do not apply additional requirements in case of a bank transfer. In all cases, the terms and conditions of the payment provider and / or relevant Bank.
  7. Once payment on our bank account we will handle order further.

Article 13 - Retention of title 
  1. After full payment of the product and transfer to the bank account of an entrepreneur, the product is then directly owned by the consumer / client.
  2. Entrepreneur reserves the right to property if the consumer / customer has outstanding debts assist entrepreneurs.

Article 14 - Force Majeure

  1. If an entrepreneur through a non-attributable shortcoming on its obligations toward the consumer / client can satisfy those obligations will be suspended for the duration of the force majeure.
  2. If the duration of Article 12.1 deadline lasts longer than three months, both parties have the right to terminate the contract part or in whole eijk.
  3. The parties will mutually as soon as possible of a (possible) force majeure notify.
  4. Force majeure includes any circumstance beyond its control, thus fulfilling its obligations to the consumer / client is fully or partially prevented. 
    Those circumstances include strikes, fires, business disturbances, power failures, non or late delivery by suppliers or other third parties. 
    Also become the force majeure include failures in (telecommunications) networks or connections or - systems and / or at any time not available from the website or office of the entrepreneur


Article 15 - Complaints

  1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the implementation of the agreement must be in writing, stating clearly and completely within 7 days submitted to the entrepreneur, after the consumer has discovered the defects.
  3. A complaint will be considered if: 
    a. the order is placed / closed by entrepreneur 
    b. an entrepreneur may receive the name and address of the consumer / client.
  4. A customer must be submitted in writing via letter, e-mail (info@vitasel.nl, through our customer service (contact), or through the account of consumers. 
    Written comments can be sent to: 
    Vitasel 
    Attn: Customer Service 
    New Schaft 3E 
    3991 AS WOOD 
    Netherlands
  5. The entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then answered by the operator within the period of 14 days with a notice of receipt and an indication if the consumer can expect a more detailed answer.
  6. If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.
  7. Complaints that can not be solved by mutual agreement, the consumer should turn to Foundation Webwinkelkeur ( www.webwinkelkeur.nl ), it will mediate free. If there is not yet a solution be reached, the consumer has the possibility to deal with his complaint Foundation Dispute Online, the award of this is binding and both entrepreneurs and consumers agree with this binding judgment. At the submission of a dispute to the arbitration board are costs which must be paid by the consumer to the relevant committee.
    From 15 February 2016, it is also possible to file complaints for consumers in the EU to sign up via the ODR platform of the European Commission. This ODR platform can be found at https://ec.europa.eu/odr. When you complaint not yet elsewhere in treatment is then you are free to give you complaint to deposit via the platform of the European Union
  8. A complaint to the obligations of the employer does not, unless the operator specifies otherwise in writing.
  9. If a complaint is upheld by the operator, the operator will contact the supplier and proposals, the selection of suppliers to replace the products supplied free of charge or repair. The supplier is responsible for this and always a final decision.

 

Article 16 - Disputes

  1. On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law. Even if the consumer is resident abroad.
  2. The dispute first get themselves settled before it gets submitted to a judge.
  3. Any disputes that may arise to which these conditions fully or partially apply, are as far beyond the competence of a magistrate within the exclusive competence of the court in Utrecht, the Netherlands.
  4. CISG does not apply.

 

Article 17 - Intellectual Property

  1. Any form of reproduction, any use of a copy, or reproduce or distribute (part of) the content of the website is strictly prohibited www.vitasel-shop.nl (so in the broadest sense of the word), unless prior written permission Vitasel comfortably be obtained at home. 
    Under (a part of) the content of the website is www.vitasel-shop.nl (including, but limited to) understand all images, logos or other material displayed on the website www.vitasel-shop.nl. 
    Use of (part of) the data from the www.vttasel-shop.nl website on any other website is prohibited. It is not (part of) to modify the content of the website www.vitasel-shop.nl and / or change.

     


Article 18 - Privacy, Cookies and Google Analytics

  1. Privacy Policy 
    Vitasel shop respects the privacy of all individuals who use its site and ensures that the personal information you give us is confidential. 
    We use your information to process orders as quickly and easily as possible. For other things we will use this information only with your permission.
  2. Cookies 
    We use cookies on this site. A cookie is a small file that send word through an internet server and installs itself on the hard drive of your computer. This file keeps track of the visited Internet site and contains some information about this visit. 
  3. Google Analytics 
    To track how visitors use the Site and to track the effectiveness of our AdWords ads, we use Google Analytics. 

    Vitasel-shop has its legal mode set by SEOshop on "strict", making IP masking is enabled. This change how Google Analytics uses and stores the IP addresses of website users in our account (vitasel-shop). 
    When IP masking is enabled, Google Analytics removes the last octet of the IP address of the user before it is used and be saved. 
    This somewhat reduces the accuracy of the geographical reporting. 
    For more information about IP masking should refer to the site of   IP masking - Google Analystic 


    Also Vitasel shop in its Google Analytics account the "Amendment computing" accepted and data sharing with Google set out.

  4. With these points become a minor inconvenience created on privacy. 
    For detailed information please see our Privacy Policy Support under the rubric.

  5. Entrepreneur paid much attention to the processing of personal data. 
    Contact regarding Privacy Policy: 
    If you wish to comment on our privacy policy, please contact us through our   customer service contact .


Article 19 - Additional or different terms

Additional or different provisions of these terms and condition may not be to the disadvantage of consumers and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

 
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