Terms and Conditions

This website is operated by Veluaro. Throughout the site, the terms “we,” “us,” and “our” refer to Veluaro. Veluaro offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Article 1 – Definitions

In these terms, the following definitions apply:

• Cooling-off period: the period within which the consumer can exercise the right of withdrawal.
• Consumer: the natural person who is not acting for purposes relating to trade, business, craft, or profession and who enters into a distance contract with the trader.
• Day: calendar day.
• Continuing performance contract: a distance contract 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 tool that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
• Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
• Trader: 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 techniques for distance communication up to and including the moment the contract is concluded.
• Technique for distance communication: a means that can be used to conclude a contract without the consumer and the trader being simultaneously present in the same place.
• General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Trader Identity

• Email address: info@veluaro.com
• Company name: Veluaro
• Chamber of Commerce number: 93821158
• Address: Jerome kernplantsoen 21

Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract and order concluded between the trader 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 will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader’s premises and will be sent free of charge as soon as possible at the consumer’s request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be provided to the consumer by electronic means in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic or other means at the consumer’s 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 mutatis mutandis, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms will otherwise remain in force and the relevant provision will be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions are to be assessed “in the spirit” of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions should also be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be expressly stated in the offer. The offer is non-binding. The trader is entitled to amend 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 trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with acceptance of the offer. This concerns in particular:

• the price, excluding clearance fees and import VAT. These additional costs are at the customer’s expense and risk. The postal and/or courier service will use the special scheme for postal and courier services regarding import. This scheme applies when goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with the clearance fees charged) from the recipient of the goods;
• any shipping costs;
• the manner in which the agreement will be concluded and which actions are necessary for this;
• whether or not the right of withdrawal is applicable;
• the method of payment, delivery, and execution of the agreement;
• the period for accepting the offer, or the period within which the trader guarantees the price;
• the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the used means of communication;
• whether the agreement will be archived after its conclusion and, if so, how the consumer can consult it;
• the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them 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 trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the event of a continuing performance contract.
• Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein. If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

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

The trader may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.

With the product or service, the trader will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

1. the visiting address of the trader’s establishment where the consumer can address complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. information on guarantees and existing after-sales service;
4. the data referred to in Article 4 paragraph 3 of these terms, unless the trader has already provided these to the consumer prior to the execution of the agreement; and
5. 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 a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after the consumer, or a representative designated by the consumer and made known to the trader, receives the product.

During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the trader within 14 days after receipt of the product. Notification must be made by written message/email. After the consumer has indicated that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment. If, after the expiry of the terms mentioned in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise the right of withdrawal and/or has not returned the product to the trader, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer makes use of the right of withdrawal, the costs for returning the products are borne by the consumer. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The trader can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the trader has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

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

1. that have been created by the trader in accordance with the consumer’s specifications;
2. that are clearly personal in nature;
3. that by their nature cannot be returned;
4. that can spoil or age quickly;
5. whose price is subject to fluctuations in the financial market over which the trader has no influence;
6. for single issues of newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer has broken the seal;
8. for hygiene products of which the consumer has broken the seal.

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

1. relating to accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
2. the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
3. relating to betting and lotteries.

Article 9 – The Price

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

In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This linkage to fluctuations and the fact that any listed prices are target prices will be stated 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 trader has stipulated this and:

1. they are the result of statutory regulations or provisions; or
2. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

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

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, 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 trader also guarantees that the product is suitable for use other than normal use.

A guarantee provided by the trader, manufacturer, or importer does not affect the consumer’s legal rights and claims against the trader under the agreement. Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader 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 processed the delivered products themselves or has had them repaired and/or processed by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the trader’s instructions and/or the instructions on the packaging;
• The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 11 – Delivery and Execution

The trader will take the greatest possible care when receiving and executing orders for products. Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement without costs and the right to possible compensation.

In case of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader will endeavor to make a replacement item available. No later than at the time of delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the trader’s expense.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and announced representative, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal

Termination:
The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.

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

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

• at any time and not be 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 trader has stipulated for themselves.

Renewal:
An agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

By way of exception to the previous paragraph, an agreement concluded for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can 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 definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement 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 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 otherwise agreed, 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 an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to promptly report inaccuracies in provided or stated payment details to the trader. In case of non-payment by the consumer, the trader, subject to legal limitations, has the right to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the trader within 7 days after the consumer has discovered the defects, fully and clearly described. Complaints submitted to the trader 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 will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. A complaint does not suspend the trader’s obligations, unless the trader states otherwise in writing. If a complaint is found to be justified by the trader, the trader will, at their option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.

Article 16 – Contact Information

Questions about the Terms of Service can be sent to us at info@veluaro.com.