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General terms and conditions www.VIKLIV.nl
1 Definition and scope
1. 1 The General Terms and Conditions are understood to mean:
1.2 The conditions apply to every offer from the Intermediary, every order, and every agreement, including additions or changes 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 wholly or partially invalid at any time, 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, by mutual agreement, approaches the intent and meaning of the original provision as closely as possible.
Dropshipping
2.1 The details of the supplier are listed on the website.
2.2 If the supplier is not based in the Netherlands, the ordered product will be registered in the name of the buyer. All additional costs, such as VAT, customs clearance costs, and other government levies, are the responsibility of the buyer;
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 for the order is made through an intermediary, whereby the intermediary pays the supplier on behalf of the buyer;
2.5 The difference in amount between what the buyer paid for the order and what the intermediary paid to the supplier serves as compensation for the services provided by the intermediary.
3. Offer
3.1 The 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 subject to conditions, this will be explicitly stated in the offer.
3.3 Each offer is non-binding. The intermediary is at all times entitled to change the offer;
3.4 Each offer contains a complete and as accurate as possible description of the products to enable a good 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, they 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 from the essential characteristics of the product that it is in fact a different product than the product the Buyer intended to order.
3.6 Offers of which the Buyer could reasonably have understood or should have understood that they contain an obvious error or mistake do not need to be honored by the Agent. The Buyer cannot derive any rights from such an error or mistake.
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 the placement of the order by the 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 that case, an Agreement can also be concluded in a language of the Buyer's choice, and the Buyer can also communicate with the intermediary in that language.
4.3 If the Buyer accepts the offer electronically, the intermediary will promptly confirm receipt of the acceptance electronically, thereby establishing the Agreement. As long as the receipt of the acceptance has not been confirmed by the intermediary, the Buyer can dissolve the Agreement.
4.4 The intermediary takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe environment. The intermediary will take appropriate security measures if the Buyer can pay electronically.
4.5 The intermediary can obtain information about whether the Buyer can meet their payment obligations and about anything that may be relevant for responsibly entering into the agreement. If the intermediary has good grounds not to enter into the agreement, they are entitled to refuse acceptance of the order or to attach special conditions to the execution.
4.6 The Buyer is responsible for ensuring that all information that the Intermediary indicates is necessary or that the Buyer reasonably should understand is necessary for the execution of the Agreement is provided to the Intermediary in a timely manner. If this information is not provided to the Intermediary in a timely manner, the Intermediary has the right to suspend the execution of the Agreement and/or charge the Buyer for any additional costs arising from the delay according to the usual rates of the Intermediary.
4.7 The Intermediary is not liable for any damage of any kind, as a result of the Intermediary relying on incorrect and/or incomplete information provided by the Buyer, unless this inaccuracy or incompleteness was known to the Intermediary.
5.1 The prices mentioned 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 are for the benefit or account of the Buyer.
5.2 The specified prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the agent is not obliged to deliver the product at the incorrect price;
5.3 A combined price quotation does not obligate the Intermediary to deliver a part of the items included in the offer or quotation at a corresponding part of the specified price.
6. Conformity and warranty
6.1 In accordance with the information provided in the General Terms and Conditions, the products comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or suitability for use, and the legal and regulatory provisions in force at the time the agreement was concluded.
6.2 The Intermediary points out that certain products have a limited shelf life, which is indicated 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 in unused condition.
6.4 The warranty period of the Intermediary corresponds to the manufacturer's warranty period. However, the Intermediary is never responsible for the ultimate 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 the event of a warranty claim, the intermediary will, at its own discretion, provide a replacement or a repair. In the case of replacement, the buyer agrees to return the replaced item to the intermediary.
6.6 The warranty does not apply if:
7. Delivery and execution
7.1 The Intermediary will execute orders of Products with the utmost 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 send and execute accepted orders in a timely manner.
7.4 All delivery times are approximate. For deliveries of Products from a country other than the Netherlands, delivery times may be longer than indicated on the Website. This period depends on the delivery time of the supplier. The Buyer cannot derive any rights from these periods.
7.5 If an order cannot be executed or can only be executed partially, the Buyer will be notified of this 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 delivered in this manner separately. Exceeding a deadline does not give the buyer the right to claim damages.
7.7 The delivery times mentioned 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 expressly 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 an effort to provide a replacement item. No later than at the time of 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 the responsibility of the agent.
7.11 The risk of damage and/or loss of products rests until the moment of delivery to the buyer or a previously designated representative known to the agent, unless expressly agreed otherwise. Acceptance of goods without comments on the delivery note/invoice serves as 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 The buyer has the obligation to promptly report inaccuracies in provided payment details to the intermediary.
8.3 If the buyer does not timely fulfill their payment obligation(s), they owe statutory interest on the outstanding amount and, if the buyer is not a consumer, the statutory commercial interest, and the intermediary is entitled to charge the extrajudicial collection costs incurred by or on behalf of the intermediary. 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 The intermediary is not responsible for errors and/or irregularities in the operation of the website. The intermediary is not liable for disruptions or the website being unavailable for any reason.
9.2 The intermediary is not responsible for the correct and complete transmission of the content of emails or other digital communications sent by/on behalf of the intermediary, nor for their timely receipt.
9.3 All claims from the buyer due to defects on the part of the intermediary expire if they are not reported in writing to the intermediary within one (1) year after the buyer was aware or could reasonably have been aware of the defects on which they base their claims.
9.4 The intermediary expressly disclaims 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 The agent advises the buyer to always read the instructions for use before using 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 of a general and non-binding nature. The buyer must assess for themselves and at their own responsibility whether a product is suitable for them. In case of doubt about the use of a product, the supplier or the buyer's (family) doctor should be contacted 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, should be kept out of the reach of young children.
9.8 The intermediary advises the buyer at all times, but particularly in the case of pregnancy, breastfeeding, medication use, or if there is doubt about sensitivity to any of the ingredients, to consult an expert if necessary before using products such as cosmetic care products, after having read the instructions for use.
10. Force majeure
10.1 The agent is not liable to the Buyer if obligations under the Agreement cannot be fulfilled due to force majeure. Force majeure is understood to mean 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, either party is entitled to terminate the Agreement, without obligation to compensate the other party or the Mediator for damages.
10.3 If the contractor has partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or can fulfill them, 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. The Buyer is obliged to pay this invoice as if it were a separate agreement.
11. Data protection
11.1 The (personal) data of the Buyer will be included in a database. This data is primarily used for the execution of the Agreement. Upon request, the Intermediary can send information about its products, such as newsletters and offers, to the Buyer. The 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 making an objection to the Intermediary;
11.2 The Buyer agrees to the use of electronic communication means. The Buyer acknowledges that despite all reasonable security measures of the Intermediary, electronic communication is not secure and can be intercepted, manipulated, infected, delayed, or misdirected, among other things, by viruses and spam filters. An Intermediary also cannot provide absolute certainty against consultation by unauthorized persons.
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 Buyer and Supplier cannot be executed and the delivery of the order to the Buyer by the Supplier cannot take place. However, the intermediary will provide contractual guarantees in this regard;
11.5 The Buyer, 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 directed to the management of the Agent. Upon first request from the Buyer, 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 by or 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 will be 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, it will be indicated before the agreement is concluded where and how the terms can be consulted electronically and that the terms can be sent to the consumer electronically or otherwise free of charge upon 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 manner on a durable data carrier:
12.3 For the exercise of all legal rights that the consumer has against the supplier, the consumer can 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 legal rights that the consumer has against the intermediary under the agreement.
12.5 In the case 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 time;
12.6 The authorized representative may deviate from article 8.3 regarding the collection costs 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 for 14 days. This reflection period begins the day after the consumer receives the product or a representative designated by the consumer and known to the intermediary.
13.2 During the reflection period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, the consumer must return the product with all supplied accessories and - if reasonably possible - in its 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 communicated their intention to exercise their right of withdrawal, they must return the product to the intermediary or supplier within 14 days. The consumer must demonstrate that the delivered products have been returned within the stipulated period.
13.4 If the consumer has not communicated their intention to exercise their right of withdrawal after the periods referred to in articles 13.2 and 13.3, or has not returned the product to the intermediary, the purchase is a fact;
13.5 The following products are excluded from the right of withdrawal:
a) Products that are clearly personal in nature;
b) Products that by their nature cannot be returned;
c) Products that can spoil or age quickly;
d) Products whose price is linked 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 and whose seal has been broken after delivery; and
h) products that have been manufactured at the request of the consumer according to the specifications of the consumer.
14. Costs of withdrawal
14.1 If a consumer exercises his right of withdrawal, the costs of return are at his 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 revocation, to the consumer. Refunds will be made using the same payment method used for the purchase, unless the consumer expressly agrees to a different payment method and the intermediary accepts this. A condition for refund is that the product has already been received by the intermediary or supplier or that conclusive proof of complete return is provided.
14.3 In the event of damage to the product due to negligent actions 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 regarding the execution of the Agreement must be submitted in writing and with justification within seven (7) days after the Buyer has identified 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 foreseeably longer processing time, the complainant will be informed of this within 14 days and informed about the period within which the complaint will be handled;
15.5 The Intermediary has at least four (4) weeks at all times to resolve a complaint by mutual agreement. After this period, the complaint is considered a dispute in the sense of article 15.8.
15.6 If the Intermediary declares a complaint well-founded, 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 will be considered a dispute in the sense of article 15.8.
15.7 If the complainant is a consumer, he can also turn to 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 resulting from 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 is competent, unless provisions of mandatory law give rise to the jurisdiction of another court.
15.9 The applicability of the Vienna Sales Convention is excluded
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