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General terms and conditions www.VIKLIV.nl
1 Definition and scope
1. 1 In the General Terms and Conditions the following is understood:
1.2 The terms apply to every offer from the Intermediary, every assignment, and every agreement, including additions or amendments thereto, as well as to follow-up agreements;
1.3 The applicability of general or (purchase) conditions of the Buyer of the Intermediary is expressly rejected.
1.4 Articles 11.5, 11.6, 12, 13, and 14 of the General Terms and Conditions apply only to consumers;
1.5 If one or more provisions of the Terms and Conditions are at any time wholly or partially null and void, the Agreement and these Terms and Conditions shall remain in effect for the remainder and the relevant provision shall be immediately replaced by a provision that, in mutual consultation, approximates the intent and meaning of the original provision as closely as possible.
Dropshipping
2.1 The supplier's details are stated on the website.
2.2 If the supplier is not established in the Netherlands, the ordered product will be registered in the name of the buyer. All additional costs, such as VAT, customs clearance fees, and other government levies, are at the buyer's expense;
2.3 The prices stated in the offer are exclusive of VAT and other government levies and exclusive of shipping costs and any transport and packaging costs, unless expressly stated otherwise;
2.4 Payment of the order is made through an intermediary, whereby the intermediary pays the supplier on behalf of the purchaser;
2.5 The difference in amount between the amount paid by the buyer for the order and the amount paid by the intermediary to the supplier is considered compensation for the services provided by the intermediary.
3. Offer
3.1 Each offer from an Intermediary has a limited validity period, namely until the moment a product is no longer in stock or available from the supplier ("expiration") or can no longer be ordered via the Website;
3.2 If an offer is made under conditions, this is explicitly stated in the offer.
3.3 Each offer is without obligation. The intermediary is at all times authorized to change the offer;
3.4 Each offer contains a complete and as accurate as possible description of the products to enable a proper assessment by the buyer. Images of products are a truthful representation of a product. The agent cannot guarantee that the displayed colors exactly match the actual colors of a product. When the buyer places an order, he can assess the product, the image, and the description of the product, taking the above into account.
3.5 All images and descriptions of a product are indicative and cannot give rise to compensation or dissolution of the agreement in case of inaccuracies and/or deviations, unless there are such deviations in the essential characteristics of the product that it is in fact a different product than the product Buyer intended to order.
3.6 Offers which Buyer could reasonably have understood to contain an obvious clerical error or obvious mistake do not have to be honored by Agent. Buyer cannot derive any rights from such a mistake or clerical error.
4. Agreement
4.1 Subject to the provisions of article 4.5, an agreement is concluded at the moment of acceptance of the offer and placing the order by Buyer under the conditions set.
4.2 The Agreement is concluded in the Dutch language, unless the Intermediary offers the terms and further communication via the Website in another language. In the latter case, an Agreement can also be concluded in a language chosen by the Buyer, and the Buyer can also communicate with the Intermediary in that language.
4.3 If Buyer accepts the offer electronically, Broker immediately confirms receipt of the acceptance electronically, thereby concluding the Agreement. As long as the receipt of acceptance has not been confirmed by the Broker, Buyer may dissolve the Agreement.
4.4 Intermediary takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe environment. The Broker will take appropriate security measures if the Buyer can pay electronically.
4.5 Intermediary may obtain information about whether Buyer can meet his payment obligations and about all matters that may be important for responsibly entering into the agreement. If Intermediary has good reasons not to enter into the agreement, it is entitled to refuse acceptance of the order or to attach special conditions to the execution.
4.6 The Buyer ensures that all data which the Intermediary indicates as necessary or which the Buyer should reasonably understand to be necessary for executing the Agreement, are provided to the Intermediary in a timely manner. If this data is not provided to the Intermediary on time, the Intermediary has the right to suspend the execution of the Agreement and/or charge the Buyer for any additional costs resulting from the delay according to the Intermediary's usual rates.
4.7 The intermediary is not liable for damage of any kind resulting from the intermediary relying on incorrect and/or incomplete data provided by the Buyer, unless this incorrectness or incompleteness was apparent to the intermediary.
5.1 The prices stated in the offer are based on the cost factors applicable at the time of concluding the agreement, such as import and export duties, freight and unloading costs, insurance, and any levies and taxes: Import and export duties, freight and unloading costs, insurance, and any rights and taxes. All favorable and unfavorable differences upon arrival, departure, or delivery will be for the benefit or burden of the Buyer.
5.2 The stated prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the agent is not obliged to deliver the product at the incorrect price;
5.3 A composite quotation does not oblige the intermediary to deliver part of the items included in the offer or quotation at a corresponding part of the stated price.
6. Conformity and warranty
6.1 In accordance with the information in the General Terms and Conditions, the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal and regulatory provisions existing on the date the agreement is concluded.
6.2 The intermediary points out that certain products have a limited shelf life, which is stated on the respective product. The Buyer must take this shelf life into account to ensure the quality and safety of the product in accordance with the supplier's warranty.
6.3 Any defects or incorrectly delivered products must be reported in writing to the intermediary within four (4) weeks after delivery. Products must be returned in the original packaging and unused condition.
6.4 The intermediary's warranty period corresponds to the factory warranty period. However, the intermediary is never responsible for the final suitability of the Products for individual use by the Buyer, nor for any advice regarding the use or application of the Products.
6.5 In case of a warranty claim, the intermediary will, at its own discretion, provide a replacement or a repair. In case of replacement, the buyer commits to returning the replaced item to the intermediary.
6.6 The warranty does not apply if:
7. Delivery and execution
7.1 The Mediator will execute orders for Products with the greatest possible care.
7.2 The place of delivery is the address that the Buyer has provided to the Intermediary when placing the order.
7.3 The Agent will timely ship and execute accepted orders.
7.4 All delivery times are approximate. For deliveries of Products from a country other than the Netherlands, delivery times may be longer than stated on the Website. This period depends on the supplier's delivery time. The Buyer cannot derive any rights from these periods.
7.5 If an order cannot be executed or can only be partially executed, the Buyer will be notified no later than 30 days after placing the order.
7.6 The Agent is authorized to deliver the goods in parts, unless this deviates from the agreement or the partial delivery has no independent value. The Agent is authorized to invoice the goods thus delivered separately. Exceeding a term does not entitle the buyer to compensation.
7.7 The delivery times stated on the website are only indicative.
7.8 In case of exceeding the specified delivery time, the Buyer has no right to dissolve the Agreement or claim damages, unless explicitly agreed otherwise.
7.9 In case of cancellation in accordance with the provisions of paragraph 3 of this article, the Intermediary will refund the amount paid by the Buyer as soon as possible, but no later than 14 days after cancellation.
7.10 If delivery of an ordered product proves to be impossible, the Intermediary will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of a return shipment are borne by the agent.
7.11 The risk of damage and/or loss of Products rests with the Agent until delivery to the Buyer or a representative designated in advance and made known to the Agent, unless expressly agreed otherwise. Acceptance of goods without remarks on the delivery note/invoice is considered proof that the packaging was in good condition at the time of delivery.
8. Payment
8.1 Unless otherwise agreed, the amounts owed by the Buyer under the Agreement must be paid immediately after placing the order.
8.2 Buyer has the duty to immediately report inaccuracies in the provided payment details to the Intermediary.
8.3 If Buyer does not timely fulfill his payment obligation(s), he owes statutory interest on the outstanding amount and, if Buyer is not a consumer, the statutory commercial interest, and the Mediator is entitled to charge the extrajudicial collection costs incurred by or on behalf of the Mediator. The collection costs are calculated in accordance with the law and the regulation on compensation for extrajudicial collection costs.
9. Provisions regarding the website and products
9.1 Intermediary is not responsible for errors and/or irregularities in the operation of the Website. Intermediary is not liable for malfunctions or the unavailability of the Website for any reason.
9.2 Intermediary does not guarantee the correct and complete transmission of the content of emails or other digital communications sent by/on behalf of the Intermediary, nor timely receipt thereof.
9.3 All claims by Buyer due to defects on the part of the Intermediary lapse if they are not reported in writing to the Intermediary within one (1) year after Buyer became or could reasonably have become aware of the defects on which he bases his claims.
9.4 The intermediary expressly rejects any liability and claims from Buyers and third parties who have suffered (physical) damage as a result of careless, incorrect, or unnecessary use of the Products. The Products may only be used in accordance with the instructions for use.
9.5 Agent advises Buyer to always read the instructions for use before use and to act accordingly. The Products must be stored and used in accordance with the instructions for use.
9.6 All advice regarding the use of products is general and non-binding. The buyer must assess for themselves and at their own responsibility whether a product is suitable for him/her. In case of doubt about the use of a product, contact should be made with the supplier or the (family) doctor of the buyer to obtain an assessment for use in a specific case.
9.7 Certain products, such as products with small parts, external care products and electrical appliances, must be kept out of reach of young children.
9.8 The intermediary always advises the buyer, but especially in case of pregnancy, breastfeeding, medication use or in case of doubt about hypersensitivity to any of the ingredients, to consult an expert if necessary before using products such as cosmetic care products, after reading the instructions for use.
10. Force Majeure
10.1 Agent is not liable to Customer if obligations under the Agreement cannot be fulfilled due to force majeure. Force majeure is understood to include at least:
10.2 During the period that the force majeure continues, the obligations under the Agreement are suspended. If this period lasts longer than two months, each party is entitled to dissolve the Agreement, without obligation to compensate damages to the other party or Intermediary.
10.3 If the contractor has already partially fulfilled or can fulfill his obligations under the agreement at the time of force majeure, and the fulfilled or to be fulfilled part has independent value, the contractor is entitled to invoice the already fulfilled or to be fulfilled part separately. Buyer is obliged to pay this invoice as if it were a separate agreement.
11. Data Protection
11.1 The (personal) data of Buyer are recorded in a database. This data is primarily used for the execution of the Agreement. Upon request, Intermediary may send information about its products, such as newsletters and offers, to Buyer. Buyer can object at any time to the use of personal data for direct marketing purposes and/or the (further) receipt of (certain) marketing information by objecting to the Intermediary;
11.2 Buyer agrees to the use of electronic communication means. The Buyer acknowledges that despite all reasonable security measures by Intermediary, electronic communication is not secure and can be intercepted, manipulated, infected, delayed, or misdirected, among other things by viruses and spam filters. Also, an Intermediary cannot provide absolute certainty against unauthorized access.
11.3 The intermediary will take appropriate measures to ensure the confidentiality and secure storage of (personal) data.
11.4 In the context of the execution of the agreement, (personal) data may also be transferred to countries outside the European Union, for example to a supplier in China, because otherwise the agreement between the Recipient and Supplier cannot be executed and the delivery of the order to the Recipient by the Supplier cannot take place. The intermediary will, however, provide contractual guarantees regarding this;
11.5 The Recipient, who is a consumer, has the right to request the Supplier in writing to grant access to the personal data processed by the Supplier and/or (if applicable) to correct, supplement, delete or block this data. A request for access and/or correction must be addressed to the management of the Agent. Upon first request of the Recipient, the registered personal data will be made available, corrected, or deleted.
11.6 The personal data of the Buyer, who is a consumer, will not be provided to third parties, unless the Intermediary is obliged to do so under applicable laws and regulations or it is necessary for the execution of the Agreement.
12. Consumer
12.1 Before an agreement is concluded with a consumer, the text of the general terms and conditions is made available to the consumer (electronically) in such a way that it can be easily stored by the consumer on another durable data carrier. If this is not reasonably possible, before the agreement is concluded, it will be indicated where and how the terms and conditions can be consulted electronically and that the terms and conditions can be sent free of charge electronically or otherwise at the consumer's request.
12.2 For the benefit of the consumer, the intermediary will make the following information available via the website, or at least ensure that this information can be stored in an accessible way on a durable data carrier:
12.3 For the exercise of all legal rights that the consumer has against the supplier, the consumer may turn to an intermediary, provided this is in accordance with the general terms and conditions.
12.4 A warranty provided by or on behalf of the intermediary or supplier does not affect the statutory rights that the consumer has against the intermediary under the agreement.
12.5 In the event of application of article 7.5, the buyer who is a consumer has the right to dissolve the agreement free of charge for products that cannot be delivered or cannot be delivered within a reasonable period;
12.6 The authorized representative may deviate from article 8.3 regarding the collection costs to be charged to the consumer.
13. Right of withdrawal
13.1 When purchasing products, the buyer who is a consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts the day after the product is received by the consumer or a representative designated in advance by the consumer and known to the intermediary.
13.2 During the reflection period, the consumer must handle the product and 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 exercises his right of withdrawal, the consumer will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the intermediary, in accordance with the reasonable instructions provided by the intermediary.
13.3 If the consumer wishes to exercise their right of withdrawal, they must notify the intermediary within 14 days of receiving the product using the form. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product to the intermediary or supplier within 14 days. The consumer must prove that the delivered products were returned within the specified period.
13.4 If the consumer has not indicated after the periods referred to in articles 13.2 and 13.3 that they wish to exercise their right of withdrawal or has not returned the product to the intermediary, the purchase is final;
13.5 The following products are excluded from the right of withdrawal:
a) Products that are clearly of a personal nature;
b) Products that by their nature cannot be returned;
c) Products that can spoil or age quickly;
d) Products whose price is subject to fluctuations in the financial market and over which the intermediary has no influence;
e) Audio and video recordings and computer software whose seal has been broken after delivery.
f) Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken.
g) hygiene products whose seal has been broken after delivery; and
h) products manufactured at the consumer's request according to the consumer's specifications.
14. Costs of withdrawal
14.1 If a consumer exercises their right of withdrawal, the costs of return shipment are at their expense.
14.2 If a consumer has paid an amount, the intermediary will refund this amount as soon as possible, but no later than 14 days after receipt of the withdrawal, to the consumer. Refunds will be made via the same payment method used for the purchase, unless the consumer explicitly agrees to another payment method and the intermediary accepts it. A condition for the refund is that the product has already been received by the intermediary or supplier or that conclusive proof of full return is provided.
14.3 In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
15. Complaints and disputes
15.1 If the Buyer has a complaint, the Buyer must report this in writing to the Intermediary;
15.2 A complaint does not suspend the obligations of the Buyer or Intermediary, unless the Intermediary indicates otherwise in writing.
15.3 A complaint about the execution of the Agreement must be submitted in writing and with reasons within seven (7) days after the Buyer has discovered the defects;
15.4 A complaint must be answered within 14 days after the date of receipt by an authorized representative. If a complaint requires a foreseeable longer processing time, the complainant will be informed within 14 days and notified of the period within which the complaint will be handled;
15.5 The Intermediary always has at least four (4) weeks to resolve a complaint by mutual agreement. After this period, the complaint is considered a dispute within the meaning of article 15.8.
15.6 If the Intermediary declares a complaint justified, it will, at its discretion, replace or repair the delivered Products free of charge. If a complaint cannot be resolved by mutual agreement, the complaint is considered a dispute within the meaning of article 15.8.
15.7 If the complainant is a consumer, they may also contact a complaints body via the European ODR platform (https://ec.europa.eu/consumers/odr/).
15.8 Dutch law exclusively applies to all disputes arising from or related to the Agreement or to which the Terms apply, regardless of the residence of the Buyer or a third party, and only the [JURIDISCH GEDEELTE] court has jurisdiction, unless mandatory legal provisions give jurisdiction to another court.
15.9 The applicability of the Vienna Sales Convention is excluded
Vikliv is part of Venema Webshops b.v.
KVK: 94176418
Address: Wolgastraat 17, 9406RX Assen (registration address only)
Contact: info@vikliv.de
TEL: (+31) 06-31997860 (No customer service)
Customer service is available from Monday to Friday from 9:00 to 16:00