Conditions générales

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Withdrawal Period: The period during which the consumer may exercise the right to withdraw from the contract.

Consumer: A 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: 03-09-2024

Continuous Service Contract: A contract concluded at a distance which involves a series of products and/or services where the obligation to deliver and/or purchase is spread over time.

Durable Medium: Any means which enables the consumer or entrepreneur to store information personally addressed to them in a way that allows for future reference and reproduction of the information unchanged.

Right of Withdrawal: The possibility for the consumer to withdraw from a distance contract within a reflection period.

Entrepreneur: A natural or legal person who offers products and/or services at a distance to consumers.

Distance Contract: A contract in which, within a system organized by the entrepreneur for the distance selling of products and/or services, only one or more distance communication techniques are used until the conclusion of the contract.

Distance Communication Technique: A means which can be used to conclude a contract without the simultaneous physical presence of the consumer and the entrepreneur at the same place.

General Terms: These General Terms of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Company Name: JNUSI

Chamber of Commerce Number: 86090011

Trade Name: VENALIS

VAT Identification Number: NL004388346B32

Customer Service Email: info@venalis.store

Company Address: Bilderdijkstraat 59-3 1053 KL Amsterdam

Article 3 - Applicability

These General Terms apply to every offer made by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before concluding a distance contract, the text of these general terms will be made available to the consumer. If this is not reasonably possible, it will be indicated before concluding the distance contract that the general terms are available for inspection at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.

In the case of concluding a distance contract electronically, the text of these General Terms, regardless of the previous paragraph, may be made available to the consumer electronically before concluding the distance contract in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before concluding the distance contract where the general terms can be accessed electronically and that they will be sent to the consumer free of charge upon request electronically or otherwise.

In cases where specific terms apply to products or services in addition to these General Terms, paragraphs 2 and 3 apply respectively, and in case of contradictions between general terms, the consumer may always invoke the most favorable provision for them.

If one or more provisions of these General Terms are at any time invalid or declared invalid, the remaining provisions of the contract and these terms will remain in force, and the invalid provision will be immediately replaced by a provision that is as close as possible to the original meaning.

Situations not regulated by these General Terms should be assessed "in the spirit" of these General Terms.

Ambiguities regarding the interpretation or content of one or more provisions of these General Terms should be interpreted "in the spirit" of these General Terms.

Article 4 - 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 non-binding. The entrepreneur has the right to change and adjust the offer.

The offer includes a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a faithful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be the basis for compensation or termination of the contract.

Product images are a faithful representation of the offered products. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains such information that the consumer is clear about the rights and obligations associated with accepting the offer. This includes in particular:

  • The price, excluding customs fees and VAT on import. These additional costs are borne by the customer at their own risk. The postal service and/or courier will apply a special procedure for postal and courier services concerning imports. This procedure applies when goods are brought into the destination country in the EU, which is the case here. The postal service and/or courier charge VAT (whether together with customs fees or not) from the recipient of the goods;

  • Any shipping costs;

  • The method by which the contract will be concluded and what steps are needed for this;

  • Whether the right of withdrawal applies;

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

  • The period during which the offer can be accepted or the period during which the entrepreneur guarantees the price;

  • The rate for distance communication if the costs of using the means of distance communication are charged on a basis other than the regular basic rate for the used means of communication;

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

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

  • All other languages in which the contract can be concluded in addition to Dutch;

  • The codes of conduct to which the entrepreneur is subject and how the consumer can view these codes of conduct electronically; and

  • The minimum duration of the distance contract in the case of a continuous service contract.

Optionally: available sizes, colors, types of materials.

Article 5 - Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment when the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer may withdraw from the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure online environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.

The entrepreneur may – within legal limits – ascertain whether the consumer is capable of meeting their payment obligations and check all facts and factors relevant to the responsible conclusion of a distance contract. If, based on this investigation, the entrepreneur has reasonable grounds to doubt the consumer’s ability to fulfill the contract, the entrepreneur has the right to refuse to execute the order or request, providing reasons, or attach special conditions to the execution.

The entrepreneur will provide the consumer, at the latest upon delivery of the product, service, or digital content, with the following information, in writing or in a way that allows the consumer to store it on a durable medium:

  • The address of the entrepreneur’s premises where the consumer can send complaints;

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

  • Information about warranties and existing after-sales services;

  • The price including taxes, shipping costs as applicable, and the method of payment, delivery, and execution of the contract;

  • Requirements for termination of the contract if the contract is to last longer than one year or is entered into for an indefinite period;

  • In the case of the right of withdrawal, the withdrawal form.

In the case of a continuous service contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal

In the case of products:

The consumer may withdraw from a contract concerning the purchase of a product within a reflection period of at least 14 calendar days without giving a reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot impose this requirement.

The reflection period mentioned in paragraph 1 starts the day after the consumer or a designated representative, other than the carrier, receives the product or:

  • If the consumer ordered several products in the same order: the day on which the consumer or a designated representative receives the last product. The entrepreneur may, provided they have clearly informed the consumer of this before the ordering process, refuse to deliver several products with different delivery times.

  • If the delivery of a product consists of several shipments or parts: the day on which the consumer or a designated representative receives the last shipment or part;

  • In the case of contracts for regular delivery of products over a certain period: the day on which the consumer or a designated representative receives the first product.

In the case of services and digital content not supplied on a tangible medium:

The consumer may withdraw from a service contract or a contract for the delivery of digital content not supplied on a tangible medium within a reflection period of at least 14 calendar days without giving a reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot impose this requirement.

The reflection period mentioned in paragraph 3 starts the day after the contract is concluded.

Article 7 - Consumer’s Obligations During the Reflection Period

During the reflection period, the consumer will handle the product and its packaging with care. The consumer will only open or use the product to the extent necessary to assess whether they wish to keep the product. The starting assumption is that the consumer may only handle and inspect the product in the same way as they would in a physical store.

The consumer is responsible for any decrease in value of the product resulting from handling the product in a manner beyond what is necessary to establish its nature, characteristics, and functioning.

The consumer is not responsible for any decrease in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 - Exercising the Right of Withdrawal

If the consumer withdraws from the contract, they must inform the entrepreneur of their decision by means of a clear statement. The consumer may use the model withdrawal form, but this is not obligatory.

To comply with the withdrawal period, the consumer must send their communication regarding the exercise of the right of withdrawal before the reflection period has expired.

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal

If the entrepreneur enables the consumer to notify their withdrawal electronically, they will promptly send a confirmation of receipt.

The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately and in any event no later than 14 calendar days from the day on which the entrepreneur is informed of the consumer’s decision to withdraw from the contract. The entrepreneur may wait with the reimbursement until the product is received back or until the consumer provides proof of returning the product, whichever comes first.

The entrepreneur will use the same means of payment as the consumer used for the initial transaction unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products and services as described in paragraph 2, provided that this exclusion is stated clearly in the offer, at least in the contract.

Exclusion of the right of withdrawal is only possible for:

  • Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;

  • Products made to the consumer’s specifications, which are not prefabricated and are produced according to an individual choice or decision of the consumer, or which are clearly intended for a specific person;

  • Products that spoil or have a limited shelf life;

  • Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;

  • Products that, after delivery, are by their nature inseparably mixed with other products;

  • Alcoholic beverages whose price was agreed upon at the conclusion of the contract but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no control;

  • Sealed audio and video recordings and sealed computer software whose seal has been broken after delivery;

  • Newspapers, periodicals, or magazines, with the exception of subscriptions to these publications.

Article 11 - The Price

The price mentioned in the offer includes VAT.

The entrepreneur may change the price of the products or services, provided that the consumer has not already concluded a contract for these products or services. The price will be adjusted before the consumer agrees to the purchase of the product or service.

The consumer may not be charged more than the agreed price.

Article 12 - Delivery and Execution

The entrepreneur will take the utmost care when receiving and processing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has provided to the entrepreneur.

With due observance of what is stated in Article 4 of these General Terms, the entrepreneur will execute accepted orders with reasonable speed but no later than 30 days unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without incurring any costs and is entitled to any compensation.

In the case of termination of the contract in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.

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

Article 13 - Payment

The entrepreneur may only make an offer if the consumer has been provided with a clear and detailed explanation of the terms of payment.

Payments by the consumer should be made promptly, but no later than 14 days after the start of the reflection period. In the case of a contract for the provision of services, the payment should be made immediately after the conclusion of the contract, unless otherwise agreed upon.

Article 14 - Complaints Procedure

Complaints regarding the execution of the contract must be submitted to the entrepreneur fully and clearly described within 7 days from the moment the consumer identified the deficiencies.

Complaints submitted to the entrepreneur will be processed within 14 days from the date of receipt. If the examination of the complaint is expected to take a longer time, the entrepreneur will respond within 14 days with an acknowledgment of receipt of the complaint and indicate when the consumer can expect a detailed response.

If the complaint cannot be resolved amicably, a dispute arises that is subject to resolution.

Submitting a complaint does not suspend the operator’s obligations, unless otherwise stated in writing by the operator.

If the complaint is deemed justified by the operator, the operator will, at their discretion, either replace the delivered products with new ones or repair them.

Article 15 - Legal Disputes

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

Article 16 - CESOP

In connection with the measures introduced and tightened from 2024 regarding the "Act Amending the 1968 VAT Act (Act Implementing the Directive on Payment Services)" and the introduction of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.

Achetez uniquement ce mois-ci avec 50% de réduction!