Terms of service

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

Consumer: a natural person not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;

Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from 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: a contract concluded as part of a system organized by the entrepreneur for remote sales of products and/or services, whereby one or more techniques for remote communication are used up to and including the conclusion of the contract;

Technique for remote communication: a means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time;

Terms and Conditions: these present general terms and conditions of the entrepreneur.

 

 

Article 2 – Identity of the Entrepreneur

Company name: VDSL-Online

Chamber of Commerce number: 77169603

Trade name: VDSL-Online

VAT number: NL003157086B24

Customer service email: info@maeve-aurelia.com

Business address: Uddelerweg 12, 8075CJ, Elspeet, The Netherlands

 

 

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer’s request, either electronically or otherwise.

If in addition to these general terms and conditions specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always invoke the applicable provision most favorable to them.

If any provision of these general terms and conditions is wholly or partially null and void or annulled at any time, the agreement and the remaining provisions shall remain in force, and the void or annulled provision shall be replaced in mutual consultation by a provision that approximates the original intent as closely as possible.

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

Uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted ‘in the spirit’ of these terms and conditions.

 

Article 4 – The Offer

If an offer has a limited validity 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 amend the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Product images are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains sufficient information so that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

the price, excluding import VAT and customs clearance charges. These additional costs will be borne by the customer. The postal or courier service will handle the import under the special arrangement for postal and courier services. This arrangement applies when goods are imported into the EU country of destination, which is the case here. The postal or courier service will collect the VAT (possibly with the clearance costs) from the recipient;

any shipping costs;

the way 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 accepting the offer or the period within which the entrepreneur guarantees the price;

the amount of the rate for distance communication if the costs for using the means of communication are calculated on a different basis than the regular basic rate;

whether the agreement will be archived and, if so, how it can be accessed by the consumer;

the way in which the consumer can check and, if desired, correct the information provided under the agreement before conclusion;

any other languages besides Dutch in which the contract can be concluded;

the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;

the minimum duration of the distance agreement in the case of a long-term transaction;

optionally: 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 compliance with the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the contract is concluded electronically, the entrepreneur shall 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 shall observe appropriate security measures.

The entrepreneur may, within the framework of the law, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution.

The entrepreneur shall provide the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it accessibly on a durable medium:

1. the address of the entrepreneur’s establishment where the consumer can lodge complaints;

2. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

3. information on guarantees and after-sales service;

4. the information included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before execution of the contract;

5. the conditions for terminating the contract if the contract has a duration of more than one year or is indefinite.

6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

7. Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.


Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract without stating any reason within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This must be done via written message or email. After this notification, the consumer must return the product within 14 days to the original place of dispatch. The consumer must prove that the goods were returned on time, for example by providing a proof of shipment.

If the consumer does not notify the entrepreneur of their intention to exercise the right of withdrawal within the periods mentioned above, or does not return the product, the purchase becomes final.

 

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs for returning the products are at their own expense.

If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the returned product has been received or proof of complete return is provided.

 

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products or services as described in paragraphs 2 and 3, but only if the entrepreneur clearly stated this in the offer or in time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

  • that are made to the consumer’s specifications;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

  • that spoil or age quickly;

  • whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;

  • for newspapers and magazines;

  • for audio and video recordings and computer software whose seal has been broken;

  • for hygienic products whose seal has been broken.

Exclusion is only possible for services:

  • concerning accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;

  • whose delivery has started with the express consent of the consumer before the cooling-off period has ended;

  • relating to betting and lotteries.

 

Article 9 – The Price

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

In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market beyond the entrepreneur’s control. This dependence on fluctuations and the fact that stated prices are target prices will be mentioned in the offer.

Price increases within 3 months after conclusion of the contract are only allowed if they result from legal regulations.

Price increases from 3 months after conclusion are only allowed if:

  • they result from legal regulations, or

  • the consumer has the right to terminate the contract as of the day the price increase takes effect.

The place of delivery is, according to Dutch VAT law, the country where transport begins. In this case, it is outside the EU. Therefore, import VAT and customs clearance charges will be collected by the courier upon delivery, and no VAT will be charged by the entrepreneur.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In case of such errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

 

Article 10 – Conformity and Warranty

The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable usability and reliability requirements, and applicable legal provisions at the time of conclusion.

Any manufacturer or importer’s warranty does not affect the consumer’s legal rights under the agreement.

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

The entrepreneur’s warranty period corresponds to the factory warranty. The entrepreneur is not responsible for the product’s fitness for individual use or for advice regarding usage or application.

Warranty does not apply if:

  • the consumer has repaired or modified the products themselves or via third parties;

  • the products have been exposed to abnormal conditions, handled improperly, or used contrary to instructions;

  • the defect is caused by government regulations concerning the nature or quality of the materials used.

 

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care in receiving and executing product orders.

The delivery address is the address provided by the consumer.

Subject to what is stated in Article 4, the company will execute accepted orders promptly but no later than 30 days, unless a longer delivery time has been agreed. If delivery is delayed or cannot be fulfilled, the consumer will be informed within 30 days after placing the order and may dissolve the contract free of charge.

In the event of dissolution, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days.

If delivery of a product proves impossible, the entrepreneur will make an effort to provide a replacement item. This will be stated clearly at the time of delivery. For replacements, the right of withdrawal cannot be excluded. Return costs are at the entrepreneur’s expense.

The risk of damage or loss remains with the entrepreneur until delivery to the consumer or a designated third party, unless otherwise agreed.

 

Article 12 – Long-term Transactions: Duration, Termination, and Extension

Termination:

The consumer may terminate an indefinite contract for regular delivery of products or services at any time, with due observance of agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract for regular delivery at the end of the term with a notice period of no more than one month.

The consumer can always terminate as follows:

  • at any time and not limited to a particular date or period;

  • in the same way the contract was concluded;

  • with the same notice period as the entrepreneur.

Extension:

A fixed-term contract for regular delivery may not be tacitly extended or renewed for a fixed duration.

By exception, contracts for newspapers or magazines may be renewed once for a maximum of 3 months if the consumer can cancel with one month’s notice.

A fixed-term contract for regular delivery may only be extended indefinitely if the consumer can cancel at any time with one month’s notice (three months for less-than-monthly deliveries).

Trial subscriptions for newspapers or magazines end automatically and cannot be extended tacitly.

Duration:

If a contract lasts more than one year, the consumer may terminate after one year with one month’s notice, unless early termination is unreasonable.

 

Article 13 – Payment

Unless otherwise agreed, the consumer must pay within 7 working days of the cooling-off period’s start (Article 6.1). For service contracts, the period starts after confirmation is received.

The consumer must report inaccuracies in payment details immediately.

In case of non-payment, the entrepreneur has the right to charge reasonable costs made known in advance, within legal limits.

 

Article 14 – Complaints Procedure

Complaints must be submitted fully and clearly described to the entrepreneur within 7 days of detecting a defect.

The entrepreneur will respond within 14 days of receipt. If more time is needed, the consumer will receive an acknowledgment and expected resolution time within 14 days.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

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

If a complaint is found justified, the entrepreneur may replace or repair the products free of charge.

 

Article 15 – Disputes

All agreements between the entrepreneur and consumer under these terms and conditions are governed exclusively by Dutch law, even if the consumer resides abroad.

 

Article 16 – CESOP

Due to the measures introduced in 2024 regarding the amendment of the Dutch VAT Act (1968) and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register transactions in the European CESOP system.