General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may 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 contract with the trader;

Day: calendar day;

Continuing performance contract: a distance contract relating to a series of products and/or services, for which the obligation of delivery and/or receipt is spread over time;

Durable data carrier: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded within the framework of a system organised by the trader for the distance sale of products and/or services, whereby exclusively one or more means of distance communication are used until the moment the contract is concluded;

Means of distance communication: any method that can be used to conclude a contract without the consumer and the trader being simultaneously present in the same place;

General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Trader Identity

Company name: Varia E-commerce
Business address: Box D0533
Strevelsweg 700 303
3083AS Rotterdam, The Netherlands

Telephone number: +31 6 84352255
Email: 
Chamber of Commerce (KVK) number: 70909911
VAT number: NL002323641B19

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader, to every distance contract concluded, and to all orders placed between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, that the general terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the consumer shall be informed, before the conclusion of the distance contract, where the general terms and conditions can be accessed electronically and that they will be sent electronically or by any other means free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favourable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of the contract and these terms and conditions shall remain in force, and the provision in question shall be replaced immediately, in mutual consultation, by a provision that approaches the purpose of the original as closely as possible.

Situations not covered by these general terms and conditions must be assessed in the spirit of these terms and conditions.

Ambiguities regarding 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

If an offer has a limited validity period or is subject to conditions, this shall be expressly stated in the offer.

The offer is non-binding. The trader reserves the right to modify or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the trader uses images, these shall be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.

All images, specifications, and data included in the offer are indicative and cannot give rise to any claim for compensation or termination of the contract.

The images of the products are a true representation of the products offered. However, the trader cannot guarantee that the colours displayed will correspond exactly to the actual colours of the products.

Each offer contains sufficient information for the consumer to clearly understand their rights and obligations if they accept the offer. This includes, in particular:

  • the price, excluding customs clearance fees and import VAT. These additional costs are at the customer’s expense and risk. The postal and/or courier service will apply the special scheme for postal and courier services regarding importation. This scheme applies when goods are imported into the EU destination country, which is the case here. The postal and/or courier service will charge the VAT (possibly together with clearance costs) to the recipient of the goods;

  • any shipping costs;

  • the method by which the contract will be concluded and the steps necessary for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the contract;

  • the period during which the offer may be accepted, or the period during which the trader guarantees the price;

  • the rate for distance communication, if costs differ from the standard base rate of the communication method used;

  • whether the contract will be archived after conclusion, and if so, how the consumer can access it;

  • the way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided under the contract;

  • the possible other languages in which the contract may be concluded in addition to Dutch;

  • the codes of conduct to which the trader is subject and how the consumer can consult them electronically; and

  • the minimum duration of the distance contract in case of a continuing performance contract.

Optional: available sizes, colours, types of materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance electronically. As long as the trader has not confirmed receipt of the acceptance, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer has the option to pay electronically, the trader will take appropriate security measures for this purpose.

Within the boundaries of the law, the trader may obtain information about whether the consumer can meet their payment obligations, as well as any facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the trader has legitimate grounds not to enter into the contract, they are entitled to refuse an order or request with justification, or to impose special conditions for execution.

The trader will provide the consumer, along with the product or service, the following information in writing or in such a way that the consumer can store it on a durable data carrier:

  • the physical address of the trader’s establishment to which the consumer may address complaints;

  • the conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • information on warranties and existing after-sales services;

  • the data referred to in Article 4, paragraph 3 of these terms, unless the trader has already provided this information prior to the execution of the contract;

  • the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the previous paragraph applies only to the first delivery.

All contracts are concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without providing any reason within a period of 14 days. This cooling-off period begins on the day after the consumer, or a representative previously designated by the consumer and communicated to the trader, receives the product.

During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer decides to exercise the right of withdrawal, they must return the product to the trader—together with all supplied accessories and, if reasonably possible, in its original condition and packaging—in accordance with the clear and reasonable instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days after receiving the product. This notification must be made in writing or by email. After this notification, the consumer must return the product within a maximum of 14 days. The consumer must be able to prove that the product was returned on time, for example through a proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not communicated their intention to exercise the right of withdrawal nor returned the product to the trader, the purchase shall be deemed final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs of the products shall be borne by the consumer.

If the consumer has already made a payment, the trader will refund this amount as soon as possible and, in any case, within 14 days from the notification of withdrawal. As a condition, the product must first have been received by the trader or conclusive proof must be provided that the return has been completed in full.

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer or, at the very least, prior to the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

  • that have been manufactured by the trader according to the consumer’s specifications;

  • that are clearly personal in nature;

  • that, by their nature, cannot be returned;

  • that may spoil or expire quickly;

  • whose price depends on fluctuations in the financial market over which the trader has no influence;

  • that consist of individual newspapers or magazines;

  • that are audio or video recordings or computer software whose seal has been broken by the consumer;

  • that are hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  • relating to accommodation, transport, catering services, or leisure activities to be performed on a specific date or during a specific period;

  • whose performance has begun with the express consent of the consumer before the cooling-off period has ended;

  • related to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from adjustments in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. The link to fluctuations and the fact that the stated prices may be indicative will be clearly stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory or regulatory provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if they have been agreed by the trader and:

  • they result from statutory or regulatory provisions; or

  • the consumer has the right to terminate the contract from the day on which the price increase takes effect.

The place of delivery is determined in accordance with Article 5, paragraph 1 of the Dutch Turnover Tax Act of 1968, and is considered to be the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge the recipient import VAT and/or customs clearance costs. Therefore, the trader will not apply VAT on the invoice.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or typographical errors, the trader is not obliged to supply the product at the incorrect price.

Article 10 – 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 quality and/or usability, and the legal provisions and/or governmental regulations in force on the date of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for a use other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the statutory rights or claims the consumer may exercise against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days after delivery. Returned products must be sent back in their original packaging and in new condition.

The warranty period offered by the trader corresponds to the manufacturer’s warranty period. However, the trader shall never be responsible for the final suitability of the products for a specific purpose intended by the consumer, nor for any advice regarding the use or application of the products.

The warranty becomes void in the following cases:

  • The consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions, treated negligently, or handled contrary to the trader’s instructions and/or those on the packaging;

  • The defect is wholly or partially the result of government regulations relating to the nature or quality of the materials used.

Article 11 – Delivery and Execution

The trader will exercise the greatest possible care when receiving and executing product orders.

The delivery address is deemed to be the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due diligence and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified within 30 days after placing the order. In such a case, the consumer has the right to dissolve the contract free of charge and may be entitled to compensation.

In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible and, in any case, within 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the trader will make an effort to offer a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that it is a replacement item. The right of withdrawal cannot be excluded for replacement items. Any costs for returning a replacement item will be borne by the trader.

The risk of damage and/or loss of products lies with the trader until the moment they are delivered to the consumer or a representative previously designated by the consumer and communicated to the trader, unless expressly agreed otherwise.

Article 12 – Duration Contracts: Term, Cancellation, and Renewal

Cancellation

The consumer may cancel a contract concluded for an indefinite period and which relates to the regular supply of products (including electricity) or services at any time, subject to the agreed cancellation rules and with a notice period not exceeding one month.

The consumer may cancel a contract concluded for a fixed period and which relates to the regular supply of products (including electricity) or services at the end of the agreed term, subject to the agreed cancellation rules and with a notice period not exceeding one month.

Regarding the contracts referred to above, the consumer may:

  • cancel them at any time and is not restricted to cancellation at a specific time or during a specific period;

  • cancel them by the same method used to enter into the contract;

  • always cancel them with the same notice period that the trader has stipulated for themselves.

Renewal

A contract concluded for a fixed period and which relates to the regular supply of products (including electricity) or services may not be automatically renewed or extended for a fixed period.

By way of exception, a contract concluded for a fixed period relating to the regular supply of daily newspapers, news, and weekly magazines may be automatically renewed for a fixed period of up to three months, provided that the consumer can cancel this extended contract at the end of the renewal period with a notice period not exceeding one month.

A contract concluded for a fixed period relating to the regular supply of products or services may only be automatically renewed for an indefinite period if the consumer has the right to cancel it at any time with a notice period not exceeding one month, or up to three months if the contract concerns the regular supply—less frequent than once per month—of daily newspapers, news, and weekly magazines.

A fixed-term contract for the trial or introductory delivery of daily newspapers, news, and weekly magazines (trial or introductory subscriptions) will not be automatically renewed and will end automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may cancel it at any time after one year, with a notice period not exceeding one month, unless reasonableness and fairness prevent cancellation before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days from the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of services, this period begins once the consumer has received confirmation of the contract.

The consumer is obliged to immediately notify the trader of any inaccuracies in the payment details provided or stated.

In the event of non-payment by the consumer, and subject to legal limitations, the trader is entitled to charge reasonable costs, provided these have been communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the execution of the contract must be submitted to the trader within 7 days after the consumer has identified the defects, clearly described and complete.

Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will send an acknowledgment of receipt within 14 days, stating when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute will arise that can be submitted to a dispute resolution procedure.

A complaint does not suspend the trader’s obligations unless the trader explicitly states otherwise in writing.

If the trader considers a complaint to be justified, the trader may choose to replace or repair the delivered products free of charge.

Article 15 – Disputes

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

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