terms and conditions
ARTICLE 1 - DEFINITIONS
In these general terms and conditions we use the following definitions:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: a natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
Day: a calendar day;
Continuous transaction: a distance contract for a series of products and/or services, the delivery and/or purchase obligations of which are spread over a certain period of time;
Durable medium: any medium that enables the consumer or entrepreneur to store personally oriented information in such a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to terminate the distance contract within the cooling-off period;
Entrepreneur: a natural or legal person who offers products and/or services to consumers remotely;
Distance contract: an agreement in which one or more techniques for distance communication are used exclusively within the framework of a system organized by the entrepreneur for the distance sale of products and/or services.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Venetio
Stationsweg 87, 9201GJ , Drachten
info@venetio.nl
Chamber of Commerce number: 89166086
VAT identification number: NL864898563B01
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer
from the entrepreneur and to every distance contract and order 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 reasonable, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's business premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically,
notwithstanding 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 the consumer can easily store it on a durable medium. If this is not reasonable, 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 to the consumer free of charge at the consumer's request.
Electronically or otherwise. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him. If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the contract and these General Terms and Conditions will otherwise remain in force and the provision in question will be immediately replaced by mutual agreement by a provision that comes as close as possible to the spirit of the original provision. Situations not regulated by these General Terms and Conditions must 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 General 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 period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. 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 enable the consumer to make a reasonable assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot give grounds for compensation or termination of the agreement. Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular: the price including taxes; any shipping costs; the manner in which the contract is concluded and what measures are required for this; whether or not the right of withdrawal applies; the method of payment, delivery and execution of the contract; the period for accepting the offer or the period within which the entrepreneur guarantees the price; the level of the tariff for distance communication, if the costs of using the technology for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used; whether the contract is archived after its conclusion and, if so, how the consumer can inspect it; the manner in which the consumer can check the data he has provided in the context of the contract and, if necessary, restore them before the conclusion of the contract; any other languages in which the contract can be concluded besides Dutch; the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can inspect these codes of conduct electronically; and the minimum duration of the distance contract in the case of a long-term transaction. Optional: available sizes, colors, type of material.
ARTICLE 5 – THE AGREEMENT
The agreement is concluded, subject to the provisions of paragraph 4,
at the moment the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as that
receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures
to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate
security measures to that end.
The entrepreneur can – within legal frameworks – inquire whether the consumer can
fulfill his payment obligations, as well as all those facts and factors that are important for
a responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing after-sales service; d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer prior to the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant
products.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option to terminate the contract within 14 days without giving any reason. This withdrawal period begins
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
If the consumer exercises his right of withdrawal, the costs of returning the products are for the consumer's account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after
withdrawal. This is provided that the
product has already been received by the webshop or that conclusive
proof of complete return can be provided. Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer or at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
a. that have been manufactured by the entrepreneur according to the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software whose seal has been broken by the consumer.
h. for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, catering or leisure activities
to be carried out on a specific day or during a specific
period;
b. whose delivery has started with the explicit consent of the
consumer before the expiry of the withdrawal period;
c. relating to bets and lotteries.
ARTICLE 9 - THE PRICE
During the period of validity stated in the offer, the
prices of the products and/or services offered will not be increased,
except for price changes as a result of changes in VAT rates.
Deviating from the previous paragraph, the entrepreneur can offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that all prices stated are guide prices will be stated in the offer. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to this and: a. they are the result of legal regulations or provisions; or b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect. The prices stated in the offer of the products or services are inclusive of VAT. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price. ARTICLE 10 - CONFORMITY AND WARRANTY
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of suitability and/or usability and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
Any guarantee provided 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 agreement.
Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is not responsible for the suitability of the products for each individual application by the consumer, nor for advice regarding the use or application of the products.
The guarantee does not apply if: a. The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties; b. The delivered products have been exposed to abnormal conditions or have otherwise been handled negligently; c. The defectiveness is wholly or partly due to regulations that the government has issued or will issue regarding the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND EXECUTION
The entrepreneur will take the greatest care in receiving and executing orders.
The place of delivery is the address that the consumer has communicated to the entrepreneur.
The entrepreneur will execute accepted orders as soon as possible, but no later than within 30 days, unless a longer delivery period has been agreed. In the event of delay or impossibility of execution, the consumer will be informed of this within 30 days, in which case the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
In the event of termination, the entrepreneur will refund the amount paid within 14 days.
If the delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. The consumer will be informed of this in good time.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative, unless otherwise agreed.
ARTICLE 12 – TERM CONTRACTS: DURATION, TERMINATION AND RENEWAL
Termination
The consumer can terminate a contract concluded for an indefinite period, which extends to the regular delivery of products
(including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer can terminate a contract concluded for a definite period, which extends to the regular delivery of products
(including electricity) or services, at any time towards the end of the definite period, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the contracts referred to in the previous paragraphs:
at any time and without limitation to termination at a
specific time or during a specific period;
terminate them at least in the same way as they were concluded by him;
always terminate with the same notice period that the entrepreneur has set for himself.
Extension
A fixed-term contract aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract aimed at the regular delivery of daily, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month. A fixed-term contract aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month and with a notice period of no more than three months if the contract aims at the regular delivery of daily, weekly and news newspapers and magazines, but less than once a month. A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period. Duration
If a contract has a duration of more than one year, the consumer can terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed term.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract. The consumer is obliged to report any inaccuracies in the payment details communicated or provided to the entrepreneur without delay. In case of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
ARTICLE 14 – COMPLAINTS PROCEDURE
1. Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days of discovering the defects.
2. The entrepreneur will respond to the complaint within a period of 14 days after receipt.