Terms and conditions
Terms and Conditions – VANDARO
These general terms and conditions apply to every offer from VANDARO and to every distance contract concluded between VANDARO and the consumer.
Article 1 – Company Details
VANDARO
E-mail address: vandaro@outlook.com
Chamber of Commerce number: 90027196
VAT number: NL004977963B27
Article 2 – Applicability
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These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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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 viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
Article 3 – The Offer
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If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer.
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The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products. Obvious mistakes or errors in the offer do not bind the entrepreneur.
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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.
Article 4 – The Agreement
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The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
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If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
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If the agreement is concluded electronically, the entrepreneur 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 entrepreneur will observe appropriate security measures.
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The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds, based on this investigation, not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
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The entrepreneur will, at the latest upon delivery of the product to the consumer, send the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, where applicable the delivery costs, and the method of payment, delivery, or execution of the distance contract;
e. if the consumer has a right of withdrawal, the model withdrawal form.
Article 5 – Right of Withdrawal
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The consumer can dissolve an agreement related to the purchase of a product during a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal but cannot oblige them to state their reason(s).
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The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product.
Article 6 – Obligations of the Consumer During the Cooling-off Period
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During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
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The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
Article 7 – Exercise of the Right of Withdrawal by the Consumer and Costs
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If the consumer makes use of their right of withdrawal, they must notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
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As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any case if they return the product before the cooling-off period has expired.
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The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
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The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
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The consumer bears the direct costs of returning the product.
Article 8 – Obligations of the Entrepreneur in Case of Withdrawal
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If the entrepreneur makes it possible for the consumer to notify their withdrawal electronically, they will send an acknowledgment of receipt of this notification without delay.
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The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever comes first.
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The entrepreneur uses the same means of payment that the consumer used for reimbursement unless the consumer agrees to a different method. The refund is free of charge for the consumer.
Article 9 – The Price
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During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.
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Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
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The prices stated in the offer of products include VAT.
Article 10 – Conformity and Warranty
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The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date of conclusion of the agreement.
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An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
Article 11 – Delivery and Execution
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The entrepreneur will take the greatest possible care when receiving and executing product orders.
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The place of delivery is the address that the consumer has made known to the entrepreneur.
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Subject to what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be carried out or only partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge.
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After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
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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 and made known representative of the entrepreneur, unless expressly agreed otherwise.
Article 12 – Payment
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Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement.
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The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
Article 13 – Complaints Procedure
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The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
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Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
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Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.