TERMS
Article 1 - Definitions.
In these Terms and Conditions, the following definitions apply:
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
consumer: the natural person who is not acting in the exercise of a profession or trade and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Continuing transaction: a distance contract relating to a set of products and/or services whose obligation to supply and/or purchase is spread over a certain period of time;
Durable medium: any means that enables the consumer or trader to store information addressed to him personally in such a way that the stored information can be consulted and reproduced unchanged in the future.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
trader: the natural or legal person who offers goods and/or services to consumers at a distance;
distance contract: an agreement in which only one or more distance communication techniques are used within the framework of a system for the distance sale of goods and/or services organised by the trader until the conclusion of the contract;
Distance communication technology: means that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of Sale of the Entrepreneur.
Article 2 - Identity of the entrepreneur
Company Name: E-Com Galindo
Chamber of Commerce number: 77041283
Trade Name: Valenta Mode
VAT Reg n°: 241023427B01
Customer Service Email: info@valenta-mode.de
Company address: Cardinaalstraat 10, 7602DS, Almelo
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, it is pointed out before the conclusion of the distance contract that the general terms and conditions of sale are available for inspection at the business premises of the entrepreneur and will be sent to the consumer free of charge on request as soon as possible.
Notwithstanding the preceding paragraph and prior to the conclusion of the distance contract, if the distance contract is concluded by electronic means, the text of these General Terms and Conditions shall be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or by other means at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general conditions, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favourable to him.
If at any time one or more provisions of these General Terms and Conditions are invalid or destroyed, in whole or in part, then the Agreement and these Terms shall remain in force for the remainder and the provision in question shall be replaced by mutual agreement without undue delay by a provision that the scope of the original shall be replaced as closely as possible.
Situations not provided for in these General Terms and Conditions shall be assessed "in the spirit" of these General Terms and Conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our Terms and Conditions must be interpreted "in the sense" of these Terms and Conditions.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is subject to change. The entrepreneur is entitled to change and adapt 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 an appropriate assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or obvious 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 termination of the agreement.
Images of products are a true representation of the products offered. The Operator cannot guarantee that the colors displayed will accurately match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This applies in particular:
The price, excluding customs clearance costs and import sales tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services in relation to imports. This regulation applies when the goods are imported into the country of destination of the EU, which is the case in the present case. The postal and/or courier service collects VAT (together with customs clearance fees, if applicable) from the recipient of the goods;
any shipping costs;
the manner in which the contract is concluded and what actions are required for it;
whether the right of withdrawal is applicable or not;
the method of payment, delivery and performance of the contract;
the deadline for acceptance of the offer or the deadline within which the entrepreneur guarantees the price;
the amount of the distance communication tariff, if the cost of using the distance communication technology is calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement will be archived after it has been concluded and, if so, how it can be viewed by the consumer;
the way in which the consumer may, before concluding the contract, verify and, if desired, restore the information provided by him under the contract;
all languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct by electronic means; and
the minimum term of the distance contract in the case of a term transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the contract is concluded at the moment when the consumer accepts the offer and the conditions set out therein are met.
If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the contract.
If the contract is concluded by electronic means, the entrepreneur shall take appropriate technical and organisational measures to protect electronic data transmission and to ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can find out - within the legal framework - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the distance contract. If, as a result of this examination, the entrepreneur has good reasons not to conclude the contract, he is entitled to reject an order or an application or to attach special conditions to the implementation of the contract, stating reasons.
With the goods or services, the entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer on a durable medium:
1. the contact address of the trader's establishment to which the consumer can turn with complaints;
2. the conditions and the manner in which the consumer can exercise his right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
3. information about warranties and existing after-sales service;
4. the information contained in Article 4(3) of these conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract;
5. the conditions for the termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a term transaction, the provision of the previous paragraph shall apply only to the first delivery.
Each contract is concluded subject to the condition precedent of sufficient availability of the products in question.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option of terminating the contract without giving reasons during a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously appointed by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer must handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he returns the product to the entrepreneur with all the accessories supplied and, if possible, in its original condition and packaging, in accordance with the reasonable and clear instructions given by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he must inform the entrepreneur within 14 days of receipt of the product. The consumer must communicate this in the form of a written notification/e-mail. Once the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that he has returned the delivered goods in a timely manner, e.g. by means of proof of postage.
If the customer has not expressed his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods specified in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the goods will be borne by him.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The prerequisite for this is that the product has already been received by the entrepreneur or that conclusive proof of the complete return can be presented.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly pointed this out in the offer, at least in good time before the conclusion of the contract.
An exclusion of the right of withdrawal is only possible for products:
1. which have been manufactured by the trader in accordance with the consumer's specifications;
2. which are clearly personal in nature
3. which cannot be returned due to their nature;
4. which spoil or age quickly;
5. the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines
7. for audio and video recordings and computer software whose seal has been broken by the consumer.
8. in the case of hygiene articles for which the consumer has broken the seal.
An exclusion of the right of withdrawal is only possible for services:
1. which relate to accommodation, transport, a catering business or a leisure activity to be provided on a specific day or during a certain period;
2. the delivery of which began with the express consent of the consumer before the expiry of the withdrawal period;
3. concerning betting and lotteries.
Article 9 - The price
During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This connection with the fluctuations and the fact that the prices mentioned are indicative prices must be mentioned in the offer.
Price increases within 3 months of the conclusion of the contract are only permissible if they result from legal rules or regulations.
Price increases from 3 months after conclusion of the contract are only permissible if the entrepreneur has set them and:
1. they result from statutory provisions or provisions; or
2. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
The place of supply within the meaning of Article 5(1) of the 1968 VAT Act is in the country in which the transport begins. In the present case, this supply takes place outside the EU. Accordingly, the postal or courier service will collect the import VAT or clearance fees from the customer. Therefore, no VAT is charged by the entrepreneur.
All prices are subject to typographical errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to supply the product at the wrong price.
Article 10 - Conformity and warranty
The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications specified in the offer, the reasonable requirements for reliability and/or usability and the legal provisions and/or official regulations in force at the time of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty granted by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
Any defects or incorrectly delivered products should be notified to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The contractor's warranty period is the same as the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
the delivered products have been subjected to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been handled on the packaging;
The insufficiency is wholly or partly the consequence of regulations that the State has issued or will adopt in relation to the type or quality of the materials used.
Article 11 - Delivery and execution
The Entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the Company will execute accepted orders expeditiously, but no later than within 30 days, unless the Consumer has agreed on a longer delivery period. If the delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after the order has been placed. In this case, the consumer has the right to dissolve the contract without costs and without entitlement to compensation.
In the event of termination of the Agreement in accordance with the previous paragraph, the Entrepreneur shall refund the amount paid by the Consumer as soon as possible, but no later than within 14 days after the termination of the Agreement.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavour to supply a replacement item. At the latest upon delivery, it will be communicated in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of the return are at the expense of the entrepreneur.
The risk of damage and/or loss of products lies with the Entrepreneur until the moment of delivery to the Consumer or a previously designated representative notified to the Entrepreneur, unless expressly agreed otherwise.
Article 12 - Term Contracts: Duration, Termination and Renewal
Termination
The consumer may terminate a contract of indefinite duration, which extends to the regular supply of goods (including electricity) or services, at any time, in compliance with the agreed termination rules and with up to one month's notice.
The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term, in compliance with the applicable termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs at any time:
cancel at any time and not be limited to any particular time or period;
at least terminate it in the same way as he took it out;
always terminate with the same notice period that the entrepreneur has set for himself.
Renewal
A fixed-term contract for the regular supply of goods (including electricity) or the provision of services cannot be tacitly renewed or renewed for a specified duration.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular supply of daily newspapers and weeklies may be tacitly renewed for a fixed term of no more than three months if the consumer may terminate that extended contract at the end of the renewal with a maximum notice period of one month.
A fixed-term contract for the regular supply of goods or services may be tacitly renewed for an indefinite period only if the consumer may terminate it at any time with a notice period of no more than one month; the notice period may not exceed three months if the contract covers the regular delivery of daily newspapers, news and weekly magazines that takes place less than once a month.
A fixed-term contract for the regular delivery of trial periods, newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
In the case of contracts with a term of more than one year, the consumer may terminate the contract at any time after the expiry of one year with a notice period of up to one month, unless termination before the expiry of the agreed term is inadmissible for reasons of reasonableness and equity.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to inform the entrepreneur immediately of any inaccuracies in the payment data provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur has the right to charge the consumer reasonable costs, which have been communicated to him in advance, subject to the legal restrictions.
Article 14 - Complaints
Complaints about the performance of the contract must be submitted to the entrepreneur in a complete and clearly described manner within 7 days after the consumer has discovered 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 trader responds within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur states otherwise in writing.
If a complaint is considered justified by the Entrepreneur, the Entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions refer are exclusively governed by Dutch law. Even if the consumer is domiciled abroad.