Terms and conditions

Table of Contents


Article 1 Definitions
Article 2 Identity of the Entrepreneur
Article 3 Applicability
Article 4 The Offer
Article 5 The Agreement
Article 6 Right of Withdrawal
Article 7 Costs in Case of Withdrawal
Article 8 Exclusion of the Right of Withdrawal
Article 9 The Price
Article 10 Conformity and Warranty
Article 11 Delivery and Execution
Article 12 Continuous Performance, Term, Termination, and Extension
Article 13 Payment
Article 14 Complaint Procedure
Article 15 Disputes
Article 16 Additional or Deviating Provisions
Article 17 Lost or Undelivered Shipments
Exclusion of Warranties and Limitation of Liability
Copyright and Trademarks
Copyright Complaints

Article 1 Definitions


In these terms and conditions, the following terms shall have the following meanings:

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal.

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

  3. Day: calendar day.

  4. Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or take delivery is spread over a period of time.

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

  6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period.

  7. Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can fill in if they wish to exercise their right of withdrawal.

  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

  9. Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the moment the agreement is concluded, only one or more techniques for distance communication are used.

  10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same room.

  11. General terms and conditions: the present general terms and conditions of the entrepreneur.


Article 2 Identity of the Entrepreneur
Valvoura
Visiting and business address
Benzenraderweg 1
6411 EC Heerlen
Netherlands

Email address info@valvoura.com

Chamber of Commerce number 96048034
VAT identification number NL867447266B01

Article 3 Applicability

  1. 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.

  2. 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, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be inspected and that they will be sent to the consumer free of charge as soon as possible upon request.

  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, either electronically or otherwise, upon request.

  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the provision that is most favorable to them in the event of conflicting general terms and conditions.

  5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or are annulled, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be immediately replaced in mutual consultation by a provision that approximates the scope of the original provision as much as possible.

  6. Situations not regulated in these general terms and conditions will be assessed in the spirit of these general terms and conditions.

  7. Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions will be interpreted in the spirit of these general terms and conditions.

Article 4 The Offer

  1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

  2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

  3. 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 true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

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

  5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

  6. 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 manner in which the agreement will be concluded and what 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 level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication means used
    whether the agreement will be archived after conclusion and, if so, how the consumer can consult it
    the way in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, rectify it
    any other languages in which the agreement can be concluded
    the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically
    the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 The Agreement

  1. 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 conditions set therein.

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

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

  4. The entrepreneur can, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or application, stating reasons, or to attach special conditions to the execution.

  5. The entrepreneur will send the following information with the product or service to the consumer, 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 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
    the information about guarantees and existing after-sales service
    the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement
    the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.

  6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

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

Article 6 Right of Withdrawal

Upon delivery of products

  1. The consumer has the right to withdraw from the agreement without giving reasons within a period of 14 days. The withdrawal period expires 14 days after the day on which the consumer or a third party designated by them, who is not the carrier, physically takes possession of the product.

  2. During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will 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, they will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

  3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur of this within 14 days of receiving the product. The consumer must make this known via the model form or by means of another communication method, such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of shipment.

  4. If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

  5. When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, commencing on the day of entering into the agreement.

  6. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 Costs in Case of Withdrawal

  1. If the consumer exercises their right of withdrawal, at most the costs of return shipment will be borne by them.

  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has been received by the entrepreneur or that the consumer can prove that the product has been returned. Reimbursement will be made via the same payment method used by the consumer, unless the consumer explicitly agrees to another payment method.

  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for the depreciation of the product.

  4. The consumer is not liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 Exclusion of Right of Withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.

  2. Exclusion of the right of withdrawal is only possible for products:
    that are not prefabricated and that require an individual choice or decision by the consumer for their production, or that are clearly tailored to the personal needs of the consumer
    that cannot be returned due to their nature
    that spoil or age quickly
    whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence
    loose newspapers and magazines
    audio and video recordings and computer software of which the consumer has broken the seal
    sealed products that are not suitable for return for hygienic or health protection reasons and whose seal has been broken, including perfumes, cosmetics, and fragrance oils.

  3. Exclusion of the right of withdrawal is only possible for services:
    concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period
    whose delivery has commenced with the express consent of the consumer before the cooling-off period has expired
    concerning betting and lotteries.

Article 9 The Price

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

  2. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This connection to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    these are the result of legal regulations or provisions, or
    the consumer has the authority to terminate the agreement on the day the price increase takes effect.

  5. The prices mentioned in the offer of products or services are including VAT. All 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 entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability and the legal provisions and government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

  2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The products must be returned in their original packaging and, if possible, in new condition.

  4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is not responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.

  5. The warranty does not apply if:
    the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties
    the delivered products have been exposed to abnormal conditions, treated carelessly, or used contrary to the instructions of the entrepreneur and/or packaging
    the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

  6. The consumer is responsible for the careful use, installation, and maintenance of diffusers, fragrance oil bottles, and related products. Valvoura is not liable for damage caused by spills, leaks, or improper use of fragrance or fragrance oil or diffusers, including stains on furniture, floors, or other property.

  7. Valvoura is not liable for direct or indirect damage resulting from such use. The consumer is advised to take appropriate precautions when handling fragrance oil and diffusers, such as using a coaster or protecting underlying surfaces.

Article 11 Delivery and Execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

  2. The place of delivery is the address that the consumer has made known to the entrepreneur.

  3. With due observance of what is stated in paragraph 4 of this article, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.

  4. All delivery periods are indicative. The consumer cannot derive any rights from the stated periods. Exceeding a period does not entitle the consumer to compensation.

  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

  6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of dissolution cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.

  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made known representative of the entrepreneur, unless expressly agreed otherwise.

Article 12 Duration transactions, termination and extension

Termination

  1. The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products or services at any time, with due observance of the agreed termination rules and a notice period of at most one month.

  2. The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products or services at any time at the end of the definite period, with due observance of the agreed termination rules and a notice period of at most one month.

  3. The consumer can terminate the agreements mentioned in the preceding paragraphs
    at any time and is not limited to termination at a specific time or in a specific period
    terminate in the same way as they entered into the agreement
    always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

  1. An agreement entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite period, with the exception of the exceptions mentioned below.

  2. Notwithstanding the previous paragraph, an agreement for a definite period concluded for the regular delivery of daily or weekly newspapers or magazines may be tacitly extended for a maximum period of three months, if the consumer has the right to terminate this extended agreement before the end of the extension period, with a notice period of a maximum of one month.

  3. A fixed-term contract for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer has the right to terminate at any time with a notice period of up to one month, and a period of up to three months if the contract concerns the regular delivery of daily or weekly newspapers, but less than once a month.

  4. A limited-term contract for the regular delivery of daily or weekly newspapers, by way of introduction, will not be tacitly continued and will automatically end at the end of the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer can terminate it at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 Payment

  1. Unless another date has been agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

  2. The consumer has the duty to immediately report any inaccuracies in payment data provided or stated to the entrepreneur.

  3. In the event of late payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer the reasonable costs communicated to the consumer in advance.

Article 14 Complaint Procedure

  1. The entrepreneur has a sufficiently publicized complaint procedure and handles complaints in accordance with this complaint procedure.

  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the consumer will receive a confirmation of receipt within 14 days, stating when they can expect a more detailed answer.

  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

  5. In case of complaints, the consumer should first contact the entrepreneur. Consumers can also register complaints via the European ODR platform at http://ec.europa.eu/odr.

  6. Submitting a complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

  7. If a complaint is found to be justified, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

Article 15 Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

  2. The Vienna Sales Convention does not apply.

Article 16 Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

Right of withdrawal

If the consumer wishes to withdraw from the agreement, they can do so by email. Send an email to info@valvoura.com.

Article 17 Lost or undelivered shipments

If an order has not arrived within the expected delivery time, the consumer must notify Valvoura within 14 days of the indicated delivery date via info@valvoura.com, stating the order number. After this period, no further investigation can be initiated with the shipping partner and claims for lost or undelivered shipments can no longer be accepted.

Exclusion of Warranties and Limitation of Liability

The information, content, materials, products, and other services included in or made available through the valvoura.com and/or valvourashop.com website are for general informational purposes only, unless expressly agreed otherwise in writing.

The information, content, materials, products, and other services included in or made available through the valvoura.com and/or valvourashop.com website are provided by Valvoura. Valvoura makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics on the website for any purpose. Any reliance placed by the user on such information is therefore strictly at their own risk.

In no event will Valvoura be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website, you may be able to link to other websites which are not under the control of Valvoura. Valvoura has no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Valvoura makes every effort to keep the website running smoothly. Valvoura is not liable for the website being temporarily unavailable due to technical issues beyond its control. Valvoura does not warrant that the servers of the valvoura.com or valvourashop.com website or electronic communications sent from Valvoura are free of viruses or other harmful components.

Special offers from Valvoura on the valvoura.com or valvourashop.com website are valid for the period stated on the site and subject to availability.

Prices as published on the valvoura.com or valvourashop.com website may be adjusted at any time.


Copyright and Trademarks

All content included in or made available through the valvoura.com and/or valvourashop.com website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the exclusive property of Valvoura or its content suppliers and protected by Dutch and European copyright laws.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the valvoura.com or valvourashop.com website are trademarks or trade dress of Valvoura. These may not be used in connection with any product or service that is not Valvoura's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Valvoura.

All other trademarks not owned by Valvoura that appear on the valvoura.com or valvourashop.com website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Valvoura.


Copyright Complaints

Valvoura respects the intellectual property of others. If a rights holder believes that their work has been used in a way that constitutes copyright infringement, please contact us via

Email info@valvoura.com