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General 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 is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Continuing performance contract: A distance contract relating to a series of products and/or services, for which the obligation to deliver and/or receive is spread over time.
Durable data carrier: Any means that enables the consumer or the entrepreneur to store information addressed personally to them in a manner that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The option 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 remotely.
Distance contract: An agreement concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: A means that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously present in the same room.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the agreement within a period of 30 days without giving any reason. During this period, the consumer shall handle the product and its packaging with care.

If the consumer exercises the right of withdrawal, the consumer shall return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable instructions of VavaFloof.

Article 3 – Applicability

These general terms and conditions apply to every offer made by VavaFloof and to every distance contract and order concluded between VavaFloof and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, prior to the conclusion of the distance contract it shall be indicated that the terms and conditions can be inspected at the premises of VavaFloof and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract it shall be indicated where the terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request.

Where, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms, the consumer may always rely on the provision most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the remaining provisions of the agreement and these terms and conditions shall remain in force, and the relevant provision shall be replaced by mutual agreement by a provision that approximates the intent of the original as closely as possible.

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

Article 4 – The Offer

If an offer is subject to a limited period of validity or to conditions, this shall be explicitly stated in the offer. The offer is non-binding. VavaFloof reserves the right to modify or amend the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow proper evaluation by the consumer.

If VavaFloof uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind VavaFloof.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images accompanying products are a true representation of the offered products. VavaFloof cannot guarantee that the displayed colors exactly correspond to the actual colors of the products.

Each offer contains information making it clear to the consumer what rights and obligations are attached to acceptance of the offer. This includes, in particular:

Any shipping costs;
The method by which the agreement will be concluded and the necessary steps;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and performance of the agreement;
The period for accepting the offer, or the period within which VavaFloof guarantees the price;
The rate for distance communication if calculated on a different basis than the standard basic rate for the communication medium used;
Whether the agreement will be archived after conclusion, and how it can be consulted by the consumer;
The manner in which the consumer can verify and, if desired, correct the data provided in relation to the agreement before conclusion;
The possible other languages in which, besides Dutch, the agreement can be concluded;
The codes of conduct to which VavaFloof has submitted and how the consumer can consult these codes electronically;
The minimum duration of the distance contract in the case 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 when the consumer accepts the offer and meets the associated conditions.

If the consumer accepts the offer electronically, VavaFloof shall immediately confirm receipt of acceptance electronically. As long as this receipt has not been confirmed, the consumer may dissolve the agreement.

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

VavaFloof may, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as any other facts and factors relevant to responsibly concluding the distance contract. If VavaFloof has valid grounds not to enter into the contract based on such investigation, it is entitled to refuse an order or to attach special conditions to its performance.

VavaFloof shall send the following information to the consumer, in writing or in a way that allows storage on a durable data carrier, along with the product or service:

The visiting address of VavaFloof where complaints can be submitted;
The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
Information about guarantees and existing after-sales service;
The data referred to in Article 4 paragraph 3, unless already provided before performance of the agreement;
The requirements for terminating the agreement if it is of more than one year’s duration or indefinite duration.

For continuing performance contracts, this provision applies only to the first delivery. Each agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer may dissolve the agreement within 30 days without giving any reason.

This cooling-off period starts on the day after the consumer or a representative designated by the consumer, who is not the carrier, has received the product.

During the cooling-off period, the consumer shall handle the product and packaging carefully, unpacking or using it only as necessary to determine whether they wish to keep it.

If the consumer exercises the right of withdrawal, the consumer shall return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by VavaFloof.

When the consumer wishes to use the right of withdrawal, they must notify VavaFloof within 30 days of receiving the product. Notification must be made in writing or by email.

After notifying VavaFloof, the consumer must return the product within 30 days. The consumer must provide proof that the goods were returned on time, for example by means of proof of dispatch.

If, after the periods mentioned above, the consumer has not indicated their intention to withdraw or has not returned the product, the purchase becomes final.

Article 7 – Costs in the Event 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 already paid an amount, VavaFloof shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided the returned product has been received by VavaFloof or conclusive proof of return has been supplied.

Article 8 – Exclusion of the Right of Withdrawal

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

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

That have been created by VavaFloof in accordance with the consumer’s specifications;
That are clearly personal in nature;
That, by their nature, cannot be returned;
That can spoil or age quickly;
Whose price is subject to fluctuations in the financial market that are beyond the entrepreneur’s control;
Single newspapers and magazines;
Audio and video recordings or computer software if the consumer has broken the seal;
Hygienic products whose seal has been broken by the consumer.

Article 9 – 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, VavaFloof may offer products or services whose prices are subject to fluctuations in the financial market and over which VavaFloof has no influence, at variable prices. The dependence on fluctuations and the fact that any stated prices are target prices shall be stated in the offer.

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

Price increases from three months after the conclusion of the agreement are only permitted if VavaFloof has stipulated this and:

They are the result of statutory regulations or provisions; or
The consumer has the right to terminate the agreement as of the date on which the price increase takes effect.

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

Article 10 – Conformity and Warranty

VavaFloof guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date the agreement was concluded. If agreed, VavaFloof also guarantees that the product is suitable for use other than normal.

Any warranty provided by VavaFloof, the manufacturer, or the importer does not affect the consumer’s statutory rights or claims under the agreement against VavaFloof.

Any defects or incorrectly delivered products must be reported in writing to VavaFloof within 30 days after delivery. The products must be returned in their original packaging and in new condition.

The warranty period provided by VavaFloof corresponds to the manufacturer’s warranty period. VavaFloof 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 modified the delivered products or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of VavaFloof and/or the packaging;
The defect results wholly or partly from regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

VavaFloof shall exercise the greatest possible care when receiving and executing orders for products.

Subject to the provisions of Article 4 of these general terms and conditions, VavaFloof shall execute accepted orders promptly 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 or can only partially be executed, the consumer shall be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and the right to possible compensation.

In the event of dissolution in accordance with the preceding paragraph, VavaFloof shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, VavaFloof shall make an effort to provide a replacement article. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered.

For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by VavaFloof.

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

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

Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and that 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 that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the applicable 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 limited to termination at a specific time or during a specific period;
At least in the same way as they were concluded by the consumer;
Always with the same notice period as VavaFloof has stipulated for itself.

Renewal
An agreement entered into for a definite period that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.

In deviation from the previous paragraph, an agreement entered into for a definite period that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer can terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month.

An agreement entered into for a definite period that extends to the regular delivery of products or services may only be tacitly renewed 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 if the agreement extends to the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

A fixed-term introductory subscription agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be 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 term.

Article 13 – Payment

Unless otherwise agreed, amounts due by the consumer must be paid within seven working days after the start of the cooling-off period 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 promptly notify VavaFloof of any inaccuracies in provided or stated payment details.

In the event of non-payment by the consumer, VavaFloof has the right, subject to legal restrictions, to charge the consumer reasonable costs that have been made known in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to VavaFloof within seven days after the consumer has discovered the defects.

Complaints submitted to VavaFloof shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, VavaFloof shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.

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

A complaint does not suspend the obligations of VavaFloof, unless VavaFloof states otherwise in writing.

If a complaint is found to be justified by VavaFloof, VavaFloof shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between VavaFloof and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.