Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

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

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

Day: calendar day;

Ongoing transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

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

Returns: The return cost is variable because some products are shipped from our own stock and others directly from our supplier.

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 to consumers at a distance;

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where exclusive use is made of one or more means of distance communication until the conclusion of the contract;

Means of distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being together in the same space at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: Vipes Sales
Business address: Bovenstraat 9, 4741AS Hoeven, The Netherlands
Email: info@vipesstyle.com
Chamber of Commerce number: 80890377

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, 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 will be sent free of charge upon request by the consumer.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

If 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 applicable provision that is most favorable to them in case of conflicting general conditions.

If one or more provisions of these general terms and conditions are null and void or annulled at any time, the remaining provisions of the agreement and these terms and conditions will remain in effect, and the null or annulled provision will be replaced in mutual consultation by a provision that best matches the intent of the original provision.

Situations not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our terms and 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 adapt the offer.

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

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.

Product images are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors shown 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 the acceptance of the offer. This concerns in particular:

  • the price including taxes;

  • 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 during which the entrepreneur guarantees the price;

  • the rate for distance communication if the cost of using the means of distance communication is calculated on a different basis than the regular base rate for the used communication tool;

  • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;

  • the way the consumer can check and, if necessary, correct the information provided in the context of the agreement before concluding the agreement;

  • any other languages in which, in addition to Dutch, the agreement can be concluded;

  • the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and

  • the minimum duration of the distance contract in the case 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 the consumer accepts the offer and complies with the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall confirm receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet the payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer 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:

  • the visiting address of the entrepreneur's business establishment where the consumer can lodge complaints;

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

  • information about warranties and existing after-sales service;

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

  • the requirements for terminating the contract if it 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 applies only to the first delivery. Every agreement is concluded 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 reasons within 14 days. This reflection period starts on the day after the consumer or a pre-designated third party, not the carrier, has received the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The product shall only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep the product. If the right of withdrawal is exercised, the consumer shall return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product, via written communication/email. After notifying, the consumer must return the product within 14 days. Proof of timely return, such as a shipping receipt, must be provided.

If the consumer fails to notify the entrepreneur within the above timeframes or fails to return the product in time, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they shall bear the cost of returning the goods.

If the consumer has paid an amount, the entrepreneur shall refund this as soon as possible, but no later than 14 days after withdrawal. This is conditional upon the returned product being received by the entrepreneur or conclusive proof of the return shipment being provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products and services as defined in paragraphs 2 and 3. This exclusion is only valid if it was clearly stated in the offer or communicated in a timely manner before the contract was concluded.

Exclusion is only possible for products: a. made to the consumer's specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that perish or age quickly; e. whose price is subject to fluctuations in the financial market beyond the entrepreneur's control; f. newspapers and magazines; g. audio/video recordings and computer software with broken seals; h. hygiene products with broken seals.

Exclusion is only possible for services: a. related to accommodation, transport, restaurant or leisure activities on a specific date or period; b. that have started with the consumer's explicit consent before the cooling-off period has ended; c. related to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to VAT rate changes. Contrary to the previous paragraph, the entrepreneur may offer products/services with prices subject to financial market fluctuations, stating that these prices are guide prices. Price increases within 3 months of the contract are only allowed if due to legal regulations. Price increases after 3 months are only allowed if agreed upon and: a. due to legal regulations; or b. the consumer may terminate the agreement as of the day the price increase takes effect. Prices include VAT. All prices are subject to printing and typographical errors. The entrepreneur is not liable for such errors and is not obliged to deliver at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the contract, the specifications in the offer, reasonable usability, and legal requirements at the time of the agreement. If agreed, the entrepreneur also guarantees suitability for non-standard use. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights of the consumer. Defects or incorrect deliveries must be reported in writing within 14 days. Returns must be in original packaging and unused condition. The warranty period matches the manufacturer's warranty. The entrepreneur is not liable for the product's suitability for every consumer application or for advice on usage. 
Warranty does not apply if:

  • the consumer has repaired or modified the product themselves or had it done by third parties;

  • the product was exposed to abnormal conditions or used contrary to instructions;

  • defects are due to government regulations regarding materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care in receiving and fulfilling orders. Delivery address is the address provided by the consumer. Orders will be executed as soon as possible, within 30 days unless agreed otherwise. If delivery is delayed or cannot be fulfilled (partially), the consumer will be notified within 30 days. In such cases, the consumer may dissolve the agreement and is entitled to compensation. In case of dissolution, the entrepreneur shall refund payments within 14 days. If delivery is impossible, the entrepreneur will offer a replacement product and inform the consumer. Replacement items may still be returned under the right of withdrawal. Return costs in this case are covered by the entrepreneur. Risk of damage or loss lies with the entrepreneur until delivery to the consumer or an authorized third party, unless agreed otherwise.

Article 12 – Duration Transactions: Termination and Renewal

Termination The consumer may terminate an indefinite agreement for the regular delivery of products or services at any time with a notice period of up to one month. For fixed-term agreements, termination is allowed at the end of the term with a maximum one-month notice. Termination is allowed at any time, without restriction to a specific date, using the same method the contract was entered into. Fixed-term agreements for regular delivery may not be automatically renewed. Exceptions apply for print subscriptions (e.g. newspapers), which may be extended once for a maximum of three months, with a one-month cancellation option. Indefinite extensions are allowed if the consumer can cancel at any time with a maximum one-month notice, or three months if delivery is less than once per month. Trial subscriptions automatically end after the agreed trial period. For contracts longer than one year, the consumer may terminate after one year at any time with a one-month notice, unless reasonable fairness dictates otherwise.

Article 13 – Payment

Unless agreed otherwise, amounts owed must be paid within 7 working days after the cooling-off period mentioned in Article 6(1). For service contracts, this period starts upon receipt of confirmation. The consumer must immediately report any incorrect payment details. In case of non-payment, the entrepreneur has the right to charge reasonable fees communicated in advance, within legal limits.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days after the defect is discovered, clearly described, via email or post. The entrepreneur will respond within 14 days. If a complaint requires more time, the consumer will be informed within 14 days of when a detailed answer can be expected. If a complaint cannot be resolved mutually, a dispute arises that is subject to the dispute resolution procedure. Complaints do not suspend the entrepreneur's obligations unless agreed in writing. If a complaint is found valid, the entrepreneur will replace or repair the product free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and consumer are governed exclusively by Dutch law, even if the consumer resides abroad.

''Disclaimer''
All Vipes products are intended for general wellness use and are not classified as medical devices. Products are tested for RoHS, BPA, and drinking water safety.