Terms and Conditions
Article 1 – Definitions
In these conditions, the following terms shall have the following meanings:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
Day: calendar day;
Ongoing transaction: a distance agreement relating to a series of products and/or services, the delivery and/or purchase obligation 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 a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every concluded distance agreement and orders between entrepreneur and consumer.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance agreement is concluded electronically, then, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, then the agreement and these conditions shall remain in force for the remainder and the relevant provision shall be replaced without delay in mutual consultation by a provision that approximates the intent of the original as closely as possible.
Situations not covered in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our conditions must be interpreted ‘in the spirit’ of these general terms and conditions.
Article 3 – The offer
If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes 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 dissolution of the agreement.
Images with products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly correspond to the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
the price, excluding customs clearance costs and import VAT. These additional costs shall be at the expense and risk of the customer. The postal and/or courier service will, with regard to the import, make use of the special arrangement for postal and courier services. This arrangement applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the charged customs clearance costs) from the recipient of the goods;
the possible costs of shipping;
the manner in which the agreement will be concluded and which actions are required for this;
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 amount of the rate for distance communication if the costs of the use of the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in case of an ongoing transaction.
Optional: available sizes, colors, type of materials.
Article 4 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not 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 can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur, based on this investigation, has good grounds 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 shall provide the consumer with the following information 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:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing service after purchase;
the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 5 – Right of withdrawal
Upon the purchase of products, the consumer has the possibility to dissolve the agreement without stating reasons for a period of 30 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
If he makes use of his right of withdrawal, he shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of a written message/email.
After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If the customer has not made known that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 6 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs for returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall repay this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return shipment can be provided.
Article 7 – Exclusion of right of withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
of which the delivery has begun with the express consent of the consumer before the cooling-off period has expired;
concerning betting and lotteries.
Article 8 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and: these are the result of statutory regulations or provisions; or the consumer has the authority to terminate the agreement as of the day the price increase takes effect. The place of delivery shall, pursuant to Article 5, first paragraph, of the Dutch Turnover Tax Act 1968, be in the country where the transport commences. In the present case, this delivery takes place outside the EU. Accordingly, import VAT and/or customs clearance costs will be collected by the postal or courier service from the recipient. Therefore, no VAT will be charged by the entrepreneur. All prices are subject to typographical and printing errors. No liability is accepted for the consequences of typographical and printing errors. In the case of typographical and printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 9 – Identity of the Entrepreneur
Company name: INPAQ
Business address: Kuperssingel 51, 3833JN Leusden
info@venorawear.com
Chamber of Commerce number: 89036778
VAT identification number: NL004684980B86
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days after delivery. Products must be returned in their original packaging and in new condition. The entrepreneur's warranty period corresponds to the factory 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 circumstances or otherwise treated carelessly, or in violation of the instructions of the entrepreneur and/or as indicated on the packaging;
- The defect is wholly or partially the result of regulations set or to be set by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur shall exercise the greatest possible care in receiving and executing orders for products. The place of delivery is the address communicated by the consumer to the company. With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders promptly but no later than 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 will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation. In case of termination according to the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination. If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur. 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 known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Duration, Termination, and Extension
Termination
The consumer may terminate an agreement concluded for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month. The consumer may terminate an agreement concluded for a definite period and which involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month. The agreements referred to in the previous paragraphs may:
- Be terminated at any time and not be limited to termination at a specific moment or within a specific period;
- At minimum, be terminated in the same manner as they were concluded by the consumer;
- Always be terminated with the same notice period that the entrepreneur has stipulated for themselves.
Extension
An agreement concluded for a fixed term involving the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term. Notwithstanding the previous paragraph, an agreement concluded for a fixed term involving the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months if the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month. An agreement concluded for a fixed term involving the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement involves the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines. An agreement of limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless agreed otherwise, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement. The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur. In case of default by the consumer, the entrepreneur, subject to statutory limitations, has the right to charge the reasonable costs previously made known to the consumer.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the defects. Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 30 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. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur explicitly states otherwise in writing. If a complaint is found justified by the entrepreneur, the entrepreneur will, at its discretion, 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 general terms and conditions relate, even if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and strengthened from 2024 in connection with the “Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)” and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.