General Terms and Conditions

GENERAL TERMS AND CONDITIONS VÍSOLDE B.V. CONSUMER

Vísolde B.V. is a limited liability company, with its registered office at Ambachtstraat 36, 2751 GP, Moerkapelle, NETHERLANDS. Vísolde B.V. is registered in the trade register of the Chamber of Commerce under number 92873340 and has NL866200 873B01 as VAT number.The phone number of Vísolde B.V. is 0031 (0)888476533 and her email address is info@visolde.com.’). Het telefoonnummer van Vísolde is 0888476533 en haar e-mailadres is info@visolde.com

ARTICLE 1: INTRODUCTION

  1. These general terms and conditions (the “Terms”) apply to the formation (including negotiations and quotations), execution and termination of Purchase Agreements and other legal relationships related to the Purchase Agreement between Vísolde and a buyer who is a natural person acting for purposes outside his trade, business or profession (the “Buyer”).
  2. For the purposes of these Terms and Conditions, written communication also includes electronic communication, such as by e-mail or via the Vísolde webshop.
  3. In the event of a conflict between the Purchase Agreement and the Terms and Conditions, the provisions of the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.
  4. It is possible that Vísolde does not (for the time being) exercise its rights related to the (non-compliance with the) Purchase Agreement, including the Terms and Conditions. This does not mean that Vísolde waives its rights. Nor does this mean that Vísolde will not exercise its rights in similar and/or future situations.

ARTICLE 2: THE PURCHASE AGREEMENT

  1. All offers (listed in the Vísolde webshop) are non-binding.
  2. As soon as the Buyer places an order and accepts the Terms, an agreement is formed between Vísolde and the Buyer (the “Purchase Agreement”).Vísolde will confirm receipt of the order digitally (by e-mail).
  3. Vísolde is not bound by (obvious) mistakes or (obvious) errors in the offer. If the order deviates from the offer (whether or not in minor respects), Vísolde is not bound by it.
  4. All promotions and offers are valid while stocks last. In addition to the Terms and Conditions, promotional terms and conditions may also apply to promotions.

ARTICLE 3: PRICING AND PAYMENTS

  1. The prices mentioned in the webshop include sales tax (VAT) and exclude shipping costs. Unless otherwise agreed, all prices are expressed in euros and the Buyer must make all payments in euros.
  2. The Buyer will be informed of the shipping/transport costs that will be borne by the Buyer before the conclusion of the Purchase Agreement. These costs may depend on the size of the order, the place of delivery, and the method of shipping.
  3. Orders can be paid for via various payment methods. The webshop will guide the Buyer to these options in the checkout procedure. If the Buyer prefers another payment method, such as payment after the product has been received or payment by manual transfer, they can contact Vísolde and Vísolde will make an arrangement. Vísolde reserves the right to refuse other payment methods.
  4. When paying by credit card, Vísolde reserves the right to check whether the Buyer’s credit card is valid, has sufficient spending capacity to settle the purchase price and/or whether the Buyer’s address details are correct. Vísolde reserves the right to refuse purchases made by credit card.
  5. If the Buyer chooses to pay upon receipt of the product, all amounts payable to Vísolde must be paid within fourteen (14) days of the invoice date. The value date on Vísolde’s bank statement is decisive and is considered the date of payment.
  6. If the aforementioned term is exceeded, the Buyer will automatically be in default without notice of default. From that moment on, statutory interest will have to be paid on the outstanding amount.
  7. If the term is exceeded, Vísolde will send the Buyer a payment reminder, giving the Buyer a period of fourteen (14) days to proceed with payment. If the Buyer does not make use of this opportunity, collection costs will be due. The collection costs are calculated in accordance with the Extrajudicial Collection Costs Compensation Decree.
  8. Payments are made in the first place to reduce costs, then to reduce the interest outstanding and finally to reduce the principal and accrued interest.

ARTICLE 4: DELIVERY

  1. Vísolde will have the ordered products delivered to the address specified by the Buyer. Vísolde will not accept orders if the home address provided by the Buyer cannot be identified. If the Buyer is not at home at the time of delivery, Vísolde has the right to deliver the products to the Buyer’s neighbors, which is considered a delivery to the Buyer, unless the Buyer has expressly instructed Vísolde not to do so before shipment..
  2. Vísolde is entitled to deliver the products in parts. Vísolde is entitled to invoice partial deliveries separately
  3. If Vísolde has specified a delivery deadline, this is indicative. A specified delivery time is never a strict deadline. The mere fact that a delivery deadline is exceeded or a delay does not constitute a shortcoming.
  4. The risk of loss or damage to the products that are the subject of the Purchase Agreement passes to the Buyer at the time when these products are delivered to the address indicated by the Buyer and are thus placed under the control of the Buyer or a third party designated by the Buyer.

ARTICLE 5: INVESTIGATION COMPLAINTS

  1. There is an (increased) risk of injury, damages and accidents when practising (equestrian) sports and other interaction with animals. Vísolde cannot guarantee that the use of its products will prevent (personal) damage. Use of Vísolde products is at your own risk.
  2. The delivered products must comply with the Purchase Agreement. The Buyer is obliged to investigate the delivered goods at the time of delivery, but in any case within three (3) days after delivery, or at least have them examined whether the quantity and type of product corresponds to what has been agreed
  3. The Buyer must complain about shortcomings as soon as possible, but no later than two (2) months after discovery. Complaints can be reported by emailing info@visolde.com
  4. When examining the products, the Buyer must handle the products and packaging with care. He/she will only unpack or use the product to the extent necessary to determine the nature, characteristics and soundness of the product..
  5. The complaint must contain a description of the shortcoming that is as detailed as possible (if possible with photos/video material), as well as the order number, the proof of delivery and the invoice number, if issued, so that Vísolde is able to respond adequately.
  6. A complaint will be answered within fourteen (14) days of receipt. If a complaint foreseeably requires a longer processing time, Vísolde will acknowledge receipt of the complaint within fourteen (14) days, giving an indication of when the Buyer can expect a more detailed response.
  7. If the delivered goods do not comply with the Purchase Agreement, the Buyer may request Vísolde:
  • – deliver the missing item;
  • – to repair or replace the delivered goods.

The costs for this will be borne by Vísolde.

  1. An exception to Article 5.7 of the Terms and Conditions exists if:
  • the deviation is too small to justify replacement, or;
  • the products have been destroyed or deteriorated after the time that the Buyer should reasonably have expected to replace them because the Buyer did not ensure their preservation as a diligent debtor;

     

  • repair or replacement is not possible or cannot be required of Vísolde, inter alia if the costs thereof are disproportionate to another right that the Buyer is entitled to, taking into account the value of the item if it were to comply with the Purchase Agreement, the degree of deviation from the agreed and the question whether the exercise of another right or claim does not cause serious inconvenience to the Buyer.

     

  1. If Vísolde has not complied or will not be able to comply with a request in accordance with article 5.7 of the Terms and Conditions within fourteen (14) days, the Buyer may dissolve the Purchase Agreement.

ARTICLE 6: BUYER’S RIGHT OF WITHDRAWAL

  1. The Buyer may dissolve the Purchase Agreement free of charge during a cooling-off period of fourteen (14) days without giving reasons. This cooling-off period starts from the moment that the entire order has been received by the Buyer or third party designated by the Buyer, who is not the carrier. In the case of regular delivery of goods during a certain period, the cooling-off period starts on the day that the Buyer or third party designated by the Buyer, who is not the carrier, has received the first item.
  2. The Buyer must inform Vísolde within fourteen (14) days by means of the model withdrawal form about an invocation of the right of withdrawal.
  3. The Buyer must return the product to Vísolde at his own expense within fourteen (14) days of sending the model withdrawal form, unless Vísolde indicates otherwise in writing. Products that have been returned to Vísolde without postage will not be accepted.
  4. Upon receipt of the product, Vísolde will send a written acknowledgement of receipt to the Buyer. Within fourteen (14) days of receipt of the return, Vísolde will refund the payment of the product to the Buyer, including the shipping costs paid.

  5. The right of withdrawal as referred to in this article of the Terms and Conditions does not apply to goods manufactured according to the Buyer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Buyer, or which are clearly intended for a specific Buyer, such as:
  • the material to be used;
  • the dimensions to be used;
  • Personalised prints (logos and other images).

These are specifications that are not part of the standard options listed in the webshop.

ARTICLE 7: RETENTION OF TITLE RECALL

  1. All products delivered by Vísolde remain its property until the Buyer has fulfilled all obligations under all Purchase Agreements concluded with Vísolde.
  2. Vísolde has the right to recall products for reasons of its own, including to prevent unsafe products from entering and/or remaining on the trading market or at the Buyer’s premises. In the event of a recall, Vísolde will take the necessary measures to notify the Purchaser of the recall.
  3. The Buyer shall cooperate with the recall of the products at Vísolde’s first request.
  4. After the return of the products, Vísolde will refund to the Buyer the costs that the Buyer has already paid to Vísolde for the purchase thereof and the costs for return shipping.

ARTICLE 8: INTELLECTUAL PROPERTY RIGHTS

  1. Vísolde’s products and packaging are owned and created by Vísolde. The delivery of the product to the Buyer expressly does not include the transfer of the intellectual property rights to these products.
  2. The copyright and other intellectual property rights on texts, images, graphics, videos and other items on the website are exclusively vested in Vísolde, or licensors of a Vísolde.
  3. Visitors to the Website are obliged to respect the intellectual property rights of Vísolde at all times.
  4. It is not permitted to remove or alter any indication relating to copyrights, trademarks, trade names or other rights from the products supplied by Vísolde (such as labels) or to remove or alter the associated materials.

ARTICLE 9: PRIVACY

Om een bestelling te plaatsen en te verwerken, heeft Vísolde enkele persoonlijke gegevens van de Koper nodig. Vísolde zal de Koper verzoeken deze persoonlijke gegevens te verstrekken in de afrekenprocedure op de website, of, als de situatie zich voordoet, via e-mail. Uiteraard zal Vísolde de grootst mogelijke zorgvuldigheid in acht nemen bij het verwerken van deze persoonlijke gegevens. Lees hier het privacybeleid van Vísolde: www.visolde.com/privacy.

ARTICLE 10: LIMITATION OF LIABILITY

Vísolde shall not be liable for damages resulting from product liability unless:

  • Vísolde has produced the product;
  • Vísolde knew or should have known about the defect;
  • Vísolde has promised the absence of the defect;
  • there is damage that is not eligible for compensation due to the application of the franchise as referred to in Section 6:190(1)(b) of the Dutch Civil Code.

ARTICLE 11: PROHIBITION

The Buyer is not permitted to place products supplied by Vísolde on the market in the United States of America and Canada. The Buyer must refrain from transactions with third parties of which it knows or should have known that such third parties market the products in the United States of America and Canada..

ARTICLE 12: GOVERNING LAW

These Terms and Conditions and all Purchase Agreements to which these Terms and Conditions have been declared applicable and to the Purchase Agreements arising therefrom, are exclusively governed by Dutch law.