General Terms and Conditions

Article 1 – Definitions

In these conditions, the following definitions apply:
• Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
• Consumer: the natural person who does not act for purposes relating to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Ongoing transaction: a distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
• Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that future consultation and unchanged reproduction of the stored information is possible;
• Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for the distance sale of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more means of distance communication;
• Technology for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same space.

Article 2 – Identity of the Entrepreneur

• Company Name: Vertory
  • Address: Kapitein Hatterasstraat 1-30, 5015BB Tilburg
  • Email Address: info@vertory.com
  • KvK Number: 71051589
  • VAT Identification Number: NL002290353B75

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur 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 viewed at the entrepreneur’s premises and that they will be sent to the consumer 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 can be provided to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge at the consumer’s request.

In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always rely on the most favorable provision in case of conflicting conditions.

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

Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our conditions should 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 explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Apparent errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
• The price including taxes;
• Any shipping costs;
• The manner in which the agreement will be concluded and what 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 entrepreneur guarantees the price;
• The level 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 basic rate for the means of communication used;
• Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• The manner in which the consumer can check and, if desired, restore the data provided by them in the context of the agreement before concluding the agreement;
• Any other languages in which, besides Dutch, the agreement can be concluded;
• The codes of conduct to which the entrepreneur has subjected themselves and the manner in which the consumer can consult these codes of conduct electronically; and
• The minimum duration of the distance contract in the event of an ongoing transaction.
Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions attached thereto.

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 can dissolve the agreement.

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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can – within the legal framework – investigate 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 the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request or to attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
• a. the visiting address of the entrepreneur’s business location 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 statement regarding the exclusion of the right of withdrawal;
• c. information about guarantees and existing after-purchase services;
• d. the data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
• e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.

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

 

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the consumer or a pre-designated representative, not the carrier, receives the product.

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 whether they want to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must make this known by sending a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned in time, for example, by providing proof of shipment.

If the customer has not made it known that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired, or if the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is provided that the product has already been received back by the online retailer or conclusive proof of complete return can be presented.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:
• a. that have been created by the entrepreneur following the consumer’s specifications;
• b. that are clearly of a personal nature;
• c. that by their nature cannot be returned;
• d. that can spoil or age quickly;
• e. whose price is subject to fluctuations in the financial market that the entrepreneur has no influence over;
• f. for individual newspapers and magazines;
• g. for audio and video recordings and computer software where the consumer has broken the seal;
• h. for hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:
• a. concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a certain date or during a certain period;
• b. whose delivery has begun with the consumer’s express consent before the cooling-off period has expired;
• c. concerning bets and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned 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 entrepreneur has stipulated this and:
• a. these are the result of statutory regulations or provisions; or
• b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

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

Article 10 – Compliance and Warranty

The entrepreneur 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 statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

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

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

With due observance of 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 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification no later than 30 days after they have placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

If the delivery of an ordered product proves impossible, the entrepreneur will strive to provide a replacement item. The fact that a replacement item is being delivered will be reported clearly and understandably, at the latest upon delivery. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

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

 

Article 12 – Ongoing Transactions: Duration, Termination, and Renewal

Termination
The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:
• At any time and not be limited to termination at a specific time or in a specific period;
• At least in the same way as they were entered into by the consumer;
• Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

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

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

An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it 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 that the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A fixed-term agreement for the regular introduction 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, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6, paragraph 1 has commenced. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report any inaccuracies in payment data provided or stated to the entrepreneur.

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

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period 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 resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

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

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer lives abroad.