Terms and Conditions

 

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal;

Consumer: the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase of which is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in such a way that future consultation and unchanged reproduction of the stored information are possible;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: 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 an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

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

Terms and Conditions: the present Terms and Conditions of the entrepreneur.

 

Article 2 – Applicability

These 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.

Prior to the conclusion of the distance contract, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated prior to concluding the distance contract that the Terms and Conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge at the consumer’s request as soon as possible.

If the distance contract is concluded electronically, the text of these Terms and Conditions may, in deviation from the previous paragraph and prior to the conclusion of the distance contract, be made available electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it shall be indicated prior to concluding the distance contract where the Terms and Conditions can be consulted electronically and that they will be sent free of charge at the consumer’s request by electronic or other means.

If, in addition to these Terms and Conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to him.

If one or more provisions of these Terms and Conditions are wholly or partially void or annulled, the agreement and these Terms and Conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by a provision that most closely reflects the intent of the original provision.

Situations not covered by these Terms and Conditions shall be assessed in accordance with the spirit of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions shall be interpreted in accordance with the spirit of these Terms and Conditions.

Article 3 – The Offer

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

All offers are non-binding. The entrepreneur reserves the right to modify and 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 properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

All images, specifications, and information provided in the offer are indicative and cannot give rise to any claim for compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer contains sufficient information to clearly indicate the rights and obligations associated with acceptance of the offer, including in particular:

• the price, excluding customs clearance fees and import VAT. These additional costs shall be borne by the customer. The postal and/or courier service will apply the special postal and courier arrangement for imports. This arrangement applies when goods are imported into the EU country of destination. The postal and/or courier service will collect the VAT (with or without customs clearance fees) from the recipient of the goods;

• any shipping costs;

• the manner in which the agreement will be concluded and which actions are required to do so;

• whether or not the right of withdrawal applies;

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

• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

• the rate for distance communication if the costs of using distance communication are calculated on a basis other than the standard base rate;

• whether the agreement will be archived after conclusion and, if so, how it can be consulted by the consumer;

• the manner in which the consumer can check and, if desired, correct the data provided in the context of the agreement prior to concluding the agreement;

• any other languages in which the agreement may be concluded in addition to Dutch;

• the codes of conduct to which the entrepreneur has subscribed and how the consumer may consult these codes electronically; and

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

Optional: available sizes, colors, and types of materials.

Article 4 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set forth therein.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance electronically. Until receipt of such acceptance has been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.

Within legal limits, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all relevant facts and factors necessary for responsibly entering into a distance contract. If the entrepreneur has reasonable grounds not to enter into the agreement, the entrepreneur is entitled to refuse an order or application with justification or to impose special conditions on execution.

The entrepreneur shall provide the following information to the consumer in writing or in such a manner that it can be stored by the consumer on a durable data carrier in an accessible manner:

• the visiting address of the entrepreneur’s establishment where the consumer may submit complaints;

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

• information about warranties and existing after-sales service;

• the data included in Article 4, paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided such data to the consumer prior to execution of the agreement;

• the requirements for termination of the agreement if the agreement has a term of more than one year or is for an indefinite period.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

 

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without giving any reason within a period of fourteen (14) days. This cooling-off period commences on the day following receipt of the product by the consumer or by a representative designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, the product shall be returned to the entrepreneur with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or by email within fourteen (14) days after receipt of the product. After notifying the entrepreneur, the consumer must return the product within fourteen (14) days. The consumer must provide proof that the goods have been returned in time, for example by means of a shipping receipt.

If the consumer has not notified the entrepreneur of the exercise of the right of withdrawal within the periods stated above and/or has not returned the product to the entrepreneur, the purchase shall be deemed final.

Article 6 – Costs in Case of Withdrawal

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

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than fourteen (14) days after withdrawal, provided that the product has already been received by the webshop or conclusive proof of complete return has been submitted.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal shall apply only if the entrepreneur has clearly stated this in the offer, or at least in good time prior to the conclusion of the agreement.

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

• manufactured by the entrepreneur in accordance with the consumer’s specifications;

• of a clearly personal nature;

• which by their nature cannot be returned;

• which may deteriorate or expire rapidly;

• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

• individual newspapers and magazines;

• audio and video recordings and computer software where the consumer has broken the seal;

• sealed hygiene products where the seal has been broken by the consumer.

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

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

• where performance has begun with the consumer’s explicit consent before the cooling-off period has expired;

• relating to betting and lotteries.

 

Article 8 – The Price

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

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any prices stated are indicative shall be stated in the offer.

Price increases within three (3) months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases as of three (3) months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• they result from statutory regulations or provisions; or

• the consumer has the right to terminate the agreement as of the day the price increase takes effect.

Pursuant to Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, the place of supply is the country where transport commences. In this case, the supply takes place outside the EU. Consequently, import VAT and/or customs clearance fees will be charged to the recipient by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.

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

Article 9 – Identity of the Entrepreneur

Company name: Vizondywear
Business address: Haarlem, The Netherlands
Email: info@vizondywear.com
Chamber of Commerce number: 99529076
VAT identification number: NL005394376B62

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 reliability and/or usability, and the statutory provisions and/or government regulations in force at the time of conclusion of the agreement. Where agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within fourteen (14) days after delivery. 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 never responsible for the ultimate suitability of the products for any 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 themselves or had them repaired and/or modified by third parties;

• the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or those stated on the packaging;

• the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care when receiving and fulfilling orders for products.

The place of delivery shall be the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these Terms and Conditions, the company shall execute accepted orders with due speed but no later than within thirty (30) days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be notified no later than thirty (30) days after placing the order. In such cases, the consumer has the right to dissolve the agreement without cost and is entitled to any applicable compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than fourteen (14) days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being supplied. The right of withdrawal may not be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products shall remain with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and relating to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and with a notice period of no more than one (1) month.

The consumer may terminate an agreement entered into for a definite period and relating to the regular delivery of products (including electricity) or services at any time toward the end of the fixed term, subject to the agreed termination rules and with a notice period of no more than one (1) month.

The consumer may terminate the agreements referred to in the previous paragraphs:

• at any time and without being restricted to termination at a specific time or during a specific period;

• at least in the same manner as they were entered into by the consumer;

• always with the same notice period as the entrepreneur has stipulated for itself.

Renewal

An agreement entered into for a definite period and relating to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

In deviation from the previous paragraph, an agreement entered into for a definite period and relating to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three (3) months, provided that the consumer may terminate the renewed agreement toward the end of the renewal period with a notice period of no more than one (1) month.

An agreement entered into for a definite period and relating to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one (1) month, and with a notice period of no more than three (3) months if the agreement relates to the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.

An agreement of limited duration relating to the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall automatically end upon expiry of the trial or introductory period.

Duration

If an agreement has a term exceeding one (1) year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one (1) month, unless reasonableness and fairness oppose termination prior to the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven (7) business days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

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

In case of late payment by the consumer, the entrepreneur has the right, within the limits of the law, to charge reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clearly described within seven (7) days after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be responded to within fourteen (14) days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within fourteen (14) days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

Submitting a complaint does not suspend the obligations of the entrepreneur unless the entrepreneur expressly states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these Terms and Conditions apply, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures implemented and strengthened from 2024 under the “Act Amending the Turnover Tax Act 1968 (Act Implementing the Payment Services Directive)” and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.