General terms and conditions - Valourás
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
- Reflection period: the period within which the consumer can make use of his 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;
- Duration transaction: 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 medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
- Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
- Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time;
- General Terms and Conditions: these general terms and conditions of Valourás.
Article 2 – Identity of the entrepreneur
Company name : Valourás
Company address : [Enter your address here]
Email address : info@valouras.com
Chamber of Commerce number : [Enter your Chamber of Commerce number here]
VAT identification number : [Enter your VAT ID here]
Article 3 – Applicability
These general terms and conditions apply to every offer from Valourás and to every distance contract and orders concluded between Valourás 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 contract is concluded that the general terms and conditions can be viewed at Valourás and will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier.
If one or more provisions of these general terms and conditions are or become null and void at any time, in whole or in part, the remaining provisions shall remain fully applicable.
Situations not covered by these terms and conditions will be assessed in the spirit of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated.
The offer is without obligation. Valourás is entitled to change or adjust the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment by the consumer. Any images are a true representation of the products offered. Obvious mistakes or errors do not bind Valourás.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images give a true representation of the products. Valourás cannot guarantee that the displayed colours exactly match the real colours of the products.
The offer contains clear information about:
- the price, excluding any customs clearance charges and import VAT;
- any shipping costs;
- the manner in which the agreement is concluded;
- whether or not the right of withdrawal applies;
- the payment, delivery and execution method;
- the period of validity of the offer or price;
- or the agreement will be archived;
- the way in which data can be pre-checked and recovered;
- the languages in which the agreement can be concluded;
- any codes of conduct applied;
- the duration of the agreement in the case of a long-term transaction;
- available sizes, colours and materials (if applicable).
Article 5 – The agreement
The agreement is concluded at the moment that the consumer accepts the offer and meets the conditions set.
If the consumer accepts the offer electronically, Valourás will immediately confirm receipt of the acceptance electronically. Until this confirmation has been received, the consumer can dissolve the agreement.
Valourás takes appropriate measures for secure electronic data transfer and payment.
Valourás may, within legal frameworks, investigate whether the consumer can meet his payment obligations. If there is reason not to enter into an agreement, Valourás may refuse an order with reasons or impose special conditions.
Valourás provides upon delivery:
- the visiting address of the company;
- information about the right of withdrawal;
- warranty information and service data;
- the data referred to in Article 4, unless previously provided;
- conditions for termination of long-term contracts.
In the case of a long-term transaction, this information only applies to the first delivery.
The agreement is concluded under the condition precedent of sufficient availability of the products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the right to cancel the agreement without giving any reason within 14 days of receiving the product.
During the cooling-off period, the consumer must handle the product with care and only use it to the extent necessary to assess whether he wishes to keep it.
In case of withdrawal, the consumer must return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging, according to the instructions of Valourás.
The consumer must notify the consumer within 14 days of receiving the product that he wants to use the right of withdrawal, preferably by e-mail. The product must then be returned within 14 days, with proof of shipment.
If no timely notification or return takes place, the purchase is final.
Article 7 – Costs in case of revocation
If the consumer exercises his right of withdrawal, the costs of returning the products are at his own expense.
If the consumer has already paid an amount, Valourás will refund this amount as soon as possible, at the latest within 14 days after the withdrawal. This is done on condition that the product has been received back or that conclusive proof of return has been provided.
Article 8 – Exclusion of the right of withdrawal
Valourás may exclude the right of withdrawal for certain products or services, but only if this is clearly stated in the offer and before the agreement is concluded.
Exclusion is possible for products:
- which are manufactured according to consumer specifications;
- that are clearly personal in nature;
- which by their nature cannot be returned;
- that can spoil or become outdated quickly;
- whose price depends on fluctuations in the financial market;
- such as loose newspapers and magazines;
- such as audio or video recordings or software where the seal has been broken;
- such as hygiene products where the seal has been broken.
Exclusion is possible for services:
- relating to accommodation, transport, restaurant or leisure activities on a specific date or during a specific period;
- the supply of which has commenced with the consumer's consent before the end of the cooling-off period;
- relating to betting and lotteries.
Article 9 – The price
During the stated period of validity, the prices of products will not be increased, unless there are changes in VAT rates.
For products or services that are subject to fluctuations in the financial market and over which Valourás has no influence, variable prices may apply. This is stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted as a result of statutory regulations.
Price increases after 3 months are permitted if this has been agreed and:
- is the result of statutory regulations or provisions, or
- the consumer has the option to cancel the agreement on the day the increase takes effect.
All prices are subject to printing and typographical errors. In the event of errors, Valourás is not obliged to deliver the product at the incorrect price.
Because Valourás delivers outside the EU, no VAT is charged. Import duties and clearance costs may be collected upon delivery by the postal or courier service.
Article 10 – Conformity and warranty
Valourás guarantees that the delivered products comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and usability, and the legal provisions in force at the time of conclusion.
If agreed, Valourás also guarantees that the product is suitable for other than normal use.
Any guarantee provided by Valourás, the manufacturer or the importer does not affect the statutory rights of the consumer.
Defects or incorrectly delivered products must be reported in writing within 14 days of delivery. Returns must be in original packaging and in new condition.
The warranty period of Valourás corresponds to that of the manufacturer. Valourás is not liable for the ultimate suitability of the product for each individual application by the consumer.
The warranty will be void if:
- the consumer carries out or has repairs or operations carried out himself;
- the product has been handled carelessly or in conflict with the instructions for use;
- defects are caused by government measures regarding material selection or product properties.
Article 11 – Delivery and execution
Valourás takes the utmost care in the execution of orders and delivery of products.
The delivery address is the address that the consumer has made known to Valourás.
Orders will be delivered as soon as possible, but no later than within 30 days, unless a longer delivery period has been agreed. In the event of a delay, the consumer will be informed in good time and the agreement can be terminated free of charge.
In case of cancellation, the amount paid will be refunded within 14 days.
If delivery of a product proves impossible, Valourás will attempt to deliver a replacement item. This will be clearly stated upon delivery. Replacement items are always subject to the right of withdrawal.
The risk of damage or loss lies with Valourás until the moment of delivery to the consumer or a pre-designated third party.
Article 12 – Duration transactions: duration, termination and extension
Cancellation
- The consumer can terminate an agreement for an indefinite period at any time with a notice period of up to one month.
- A fixed-term contract may be terminated at the end of the term with a notice period of up to one month.
- Termination can always be done in the same way as concluding the agreement.
Extension
- A fixed-term contract is not tacitly extended.
- An exception applies to daily, news or weekly newspapers and magazines, which may be extended by a maximum of three months.
- In the case of tacit renewal for an indefinite period, the consumer may cancel at any time with a notice period of one month.
Duration
For agreements longer than one year, the consumer may cancel after one year with a notice period of up to one month, unless reasonableness and fairness oppose this.
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 as referred to in Article 6 paragraph 1.
In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in payment details immediately to Valourás.
In the event of non-payment, Valourás has the right, within legal limits, to charge reasonable costs that have been communicated to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the agreement must be submitted to Valourás within 7 days of discovery, fully and clearly described.
Valourás will respond to submitted complaints within 14 days of receipt. If a complaint requires more time, the consumer will receive a confirmation of receipt within 14 days with an indication of when a substantive response will follow.
If a complaint cannot be resolved by mutual agreement, a dispute arises that falls under the dispute resolution procedure.
A complaint does not suspend Valourás' obligations, unless otherwise agreed in writing.
If the complaint is found to be justified, Valourás will, at its discretion, replace or repair the product free of charge.
Article 15 – Disputes
All agreements between Valourás and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
This also applies if the consumer lives abroad.
Article 16 – CESOP
In connection with the introduction of the CESOP legislation as of 2024 (central electronic storage of payment data within the EU), payment service providers can register data in the European CESOP system.
This means that your payment details, where applicable, may be shared by the relevant payment providers with tax authorities for audit and reporting purposes, as required by law.
Valourás naturally respects your privacy and only processes data that is necessary to comply with this legislation.