General Terms and Conditions Vontyn Partners BV

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with Vontyn Partners BV;™
  3. Day: calendar day;
  4. Long-term transaction: a distance contract relating to a range of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the information stored.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Vontyn Partners BVPartners: The natural or legal person offering products and/or services at a distance to consumers;
  8. Distance contract: an agreement in which, within the framework of a system for distance selling of products and/or services organised by Vontyn Partners BV™, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
  9. Distance communication technology: means that can be used to conclude a contract without the consumer and entrepreneur having come together in the same room at the same time.

Article 2-Identity ofVontyn Partners BV

Vontyn Partners BV, Emmweg 46A, 1241 LH Kortenhoef, registered with the KvK under number 78060451, VAT number 8612.50.345.B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by Vontyn Partners BV™ and to every distance agreement concluded between entrepreneur and consumer.
  2. Before the distance contract 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 viewed at Vontyn Partners BV™ and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
  5. Situations that fall outside these terms and conditions will be dealt with on a case-by-case basis.
  6. In case of uncertainty about these general terms and conditions, it is advised to contact Vontyn Partners BV.™
  7. If one or more provisions of these conditions are not valid or are declared invalid by a court, this only applies to the relevant provision and not to the entire general terms and conditions.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Vontyn Partners BV™ uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on Vontyn Partners BV™, and Vontyn Partners BV™ is therefore not obliged to deliver these items.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
  • the price including taxes;
  • any costs of delivery;
  • 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 Vontyn Partners BV™ guarantees the price;
  • the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
  • whether the agreement will be archived after it has been concluded, and if so, how 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 Vontyn Partners BV™ 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 case of a long-term transaction.
  • All images in the webshop are indicative and do not provide any reasons for compensation or dissolution of the agreement.
  • Images with products are a true representation of the products on offer, but Vontyn Partners BV™Can not guarantee that the displayed colors exactly match the real colors of the products.

Article 5 - The Agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the associated conditions. The customer has the option to pay the order in advance or afterwards.
  2. If the consumer has accepted the offer by electronic means, Vontyn Partners BV™ will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by Vontyn Partners BV™, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, Vontyn Partners BV™ will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer is able to pay electronically, Vontyn Partners BV™ will take appropriate security measures to this end.
  4. Vontyn Partners BV™ can - within legal frameworks - find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Vontyn Partners BV™ has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution, stating reasons.
  5. Vontyn Partners BV™Always has the right to refuse or. q. To cancel within 14 days of order.
  6. The agreement is concluded under the conditions precedent of sufficient availability of the ordered product(s).
  7. Vontyn Partners BV™ will send the following information with the product or service 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:
  8. the visiting address of the branch of Vontyn Partners BV™ where the consumer can go with complaints;
  9. 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;
  10. the information about guarantees and existing after-sales service;
  11. the information included in Article 4 paragraph 3 of these terms and conditions, unless Vontyn Partners BV™ has already provided this information to the consumer prior to the execution of the agreement;
  12. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  13. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

  1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This cooling-off period starts on the day after receipt of all products by the consumer or a representative appointed in advance by the consumer and made known to Vontyn Partners BV™.
  2. The right of withdrawal does not apply to customized products (e.g. Design Your Own products).
  3. During the cooling-off period, the consumer will handle the product and the packaging with care. He will 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 will return the product with all accessories supplied and - if reasonably possible - in its original condition and packaging to Vontyn Partners BV™, in accordance with the reasonable and clear instructions provided by Vontyn Partners BV™.
  4. The customer will inform Vontyn Partners BV™ if the right of withdrawal is exercised. This can be done via telephone, email or by means of the withdrawal form with the return.
  5. The customer is obliged to declare within 14 days of receipt of all products that he/she invokes the right of withdrawal. The customer then has another 14 days to return the product.
  6. If the customer has not exercised the right of withdrawal within this specified period, the purchase is a fact.
  7. Products can be returned to: Vontyn Partners BV - Emmaweg 46A; 1241 LH Kortenhoef.
  8. When returning the product, the liability lies entirely with the customer. The customer is responsible for a proper return, including a track & trace code.

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of his/her right of withdrawal, the costs of return shipping will be borne by him/her. The amount of these costs is usually € 6.95 (PostNL) for the Netherlands and € 5.95 (BPost) in Belgium. Customer should check the relevant websites of the couriers for real-time costs.
  2. If the consumer has paid an amount, Vontyn Partners BV™ will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

  1. Vontyn Partners BV™ can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Vontyn Partners BV™ has clearly stated this in the offer, at least in time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. that have been created by Vontyn Partners BV™ in accordance with consumer specifications;
    2. which are clearly personal in nature;
    3. that contain visible signs of wear;

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. By way of derogation from the previous paragraph, Vontyn Partners BV™ may offer products or services whose prices are subject to fluctuations in the financial market and over which Vontyn Partners BV™ has no influence, at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if Vontyn Partners BV™ has stipulated this and:
    1. they are the result of statutory regulations or provisions; or
    2. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
  1. All taxes and duties, of any kind whatsoever, levied by the government now or in the future, whether directly or indirectly, on the sale or transportation of the covered goods must be paid by the Customer and shall be borne by the Customer.

Article 10 - Conformity and Warranty

  1. Vontyn Partners BV™ 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed state Vontyn Partners BV™Also ensure that the product is suitable for use other than normal.
  2. Vontyn Partners BV™ offers a 12-month warranty scheme for manufacturing defects, defects and other shortcomings. If the consumer discovers a shortcoming, he/she can email at info @ Vontyn Partners and the defective part or the entire product will be replaced.
  3. Customer must immediately check his/her order and products upon receipt of products. If the product is incorrectly delivered, incorrect or incomplete, the customer must immediately report this within a period of 7 days.
  4. The warranty is void in the event of items that are clearly caused by the customer's own actions, such as scratches, breakages and improper use. Also, if the customer has tried to repair the product himself, the warranty will be void.

Article 11 - Delivery and execution

  1. Vontyn Partners BV™ will exercise the greatest possible care in the receipt and execution of orders for products and in the assessment of requests for the provision of services.
  2. Customer is aware that Vontyn Partners BV™No products themselves sent, but only acts as an intermediary. The orders are sent by suppliers in a. o. China.
  3. The place of delivery is the address that the consumer has made known to the company. The customer is responsible for any damage. changes in name and address details.
  4. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  5. In the event of dissolution in accordance with the previous paragraph, Vontyn Partners BV™ will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
  6. If delivery of an ordered product proves to be impossible, Vontyn Partners BV™ will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of Vontyn Partners BV.™
  7. The risk of damage and/or loss of products rests with Vontyn Partners BV™ until the moment of delivery to the consumer or a representative appointed in advance and made known to Vontyn Partners BV™, unless explicitly agreed otherwise.
  8. If Vontyn Partners BV™ exceeds a delivery period, this will not result in the customer receiving compensation.
  9. If an order consists of multiple products and 1 or more of these products are not in stock, Vontyn Partners BV™ will wait with shipment until all products can be shipped together.

Article 12 - Payment

  1. Unless otherwise agreed, in the event of post-payment, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off 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.
  2. The consumer has the duty to report any inaccuracies in the payment details provided or mentioned to Vontyn Partners BV™ without delay.
  3. In the event of non-payment by the consumer, Vontyn Partners BV™ has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
  4. Different payment methods such as IDEAL are also subject to specific terms and conditions of the companies in question. Vontyn Partners BV™Does not affect the content of these conditions.
  5. When selling toBusiness customers: Unless otherwise agreed in writing, the payment period is 30 days after the invoice date and payment must be made without deduction and/or settlement. If payment is not made within the aforementioned payment term or another term agreed in writing, the business customer will owe an interest payment of 2% per calendar month from the date of default, a part of a calendar month counted for a full one. At the end of each calendar year, the amount on which the interest is calculated shall be increased by the interest due for that year. Contrary to Sections 6:43 and 6:44 of the Dutch Civil Code, the payments made by the business customer are always attributed to the oldest claim. Payments are first deducted from the (collection) costs, then deducted from the accrued interest, and finally deducted from the principal amount and accrued interest.
  6. Extrajudicial costs:If the business customer has not paid within 30 days of the invoice date, the claim will be handed over to the Recovery Company. All costs on the recovery are borne by the business customer. From the date of default, it will always owe the extrajudicial collection costs in addition to the principal amount. The compensation for extrajudicial collection costs shall be at least 15% of the total outstanding principal amount including VAT and interest, with a minimum of EUR 375, by way of derogation from Article 6:96 paragraph 5 of the Dutch Civil Code and by way of derogation from the Decree reimbursement for extrajudicial collection costs and without prejudice to the right of Vontyn Partners BV™To claim a higher amount of extrajudicial collection costs if it shows that it has incurred them. If Vontyn Partners BV™ has brought its claim in legal proceedings (including arbitration and binding advice), the business customer of Vontyn Partners BV™ is obliged to reimburse the actual costs involved in these proceedings. This includes the costs of lawyers, legal representatives, as well as the fees and standing charges payable to arbitrators or binding advisers, even if these exceed any order for costs pursuant to Article 237 et seq. of the Code of Civil Procedure. This reimbursement of the costs will always be charged and payable by the business customer as soon as (internal or external) legal assistance has been called in by Vontyn Partners BV™, or collection measures are taken by Vontyn Partners BV™, without the need for any further form of proof.

Article 13 - Complaints procedure

  1. Vontyn Partners BV™ has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to Vontyn Partners BV™ within a reasonable time, complete and clearly described, after the consumer has noticed the defects.
  3. Complaints submitted to Vontyn Partners BV™ will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Vontyn Partners BV™ will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
  5. If the complaint is justified, Vontyn Partners BV™ will come to a suitable solution in consultation with the customer, be it a refund or a replacement product.
  6. Complaints can be reported by email or telephone.

Article 14 - Disputes

  1. Agreements between Vontyn Partners BV™ and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the customer lives abroad.
  2. The Vienna Sales Convention is excluded from disputes.
  3. In the event of a dispute, it will first be settled among themselves before it is submitted to a judge.

Article 15 - Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier. When translating these terms and conditions, the Dutch text is decisive.