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General terms and conditions

Consumer Right of Withdrawal:

The right of the consumer to withdraw from the distance contract within the reflection period.

Entrepreneur:

The natural or legal person who offers products and/or services remotely to consumers.

Distance Contract:

A contract concluded within the framework of an organized system by the entrepreneur for remote sales of products and/or services, using one or more techniques for distance communication up to and including the conclusion of the contract.

Technique for Distance Communication:

A means that can be used to conclude a contract without the consumer and the entrepreneur being 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: Brandts International 
  • Chamber of Commerce (KvK) Number: 87815087
  • Trade Name: Brandts International
  • VAT Number: 000053709586
  • Customer Service Email: Info@Vitadelpalma.com
  • Business Address: Dommerswijk 1, 7782PA De Krim

July Legislation - General Terms and Conditions.docx

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and every remote agreement and order 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 concluding the distance contract where the general terms and conditions can be viewed, and they will be sent to the consumer free of charge as soon as possible upon request.

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

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer can always rely on the provision most favorable to them.

If one or more provisions in these general terms and conditions are null or voided at any time, the contract and these conditions remain in effect for the rest, and the relevant provision will be replaced by a provision that approximates the original intent as closely as possible.

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

Any ambiguities about the interpretation or content of one or more provisions of our terms 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 subject to conditions, this will be explicitly mentioned in the offer.

The offer is non-binding. The entrepreneur has the right to modify and adjust the offer.

The offer includes 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, these are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or contract dissolution.

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

Each offer includes information that makes the consumer's rights and obligations clear upon acceptance of the offer. This specifically includes:

  • The price, excluding clearance costs and import VAT. These additional costs will be the responsibility and risk of the customer. The postal or courier service, in relation to import, will use the special arrangement for postal and courier services. This arrangement applies if the goods are imported into the EU country of destination, which is the case here. The postal or courier service collects the VAT (possibly along with clearance costs) from the recipient of the goods.
  • Any shipping costs.
  • How the contract will be concluded and what actions are required.
  • Whether the right of withdrawal applies.
  • The method of payment, delivery, and execution of the contract.
  • The term for accepting the offer or the period within which the entrepreneur guarantees the price.
  • The cost of remote communication if calculated differently from the basic rate of the used communication medium.
  • Whether the contract will be archived after its conclusion and, if so, how it can be accessed by the consumer.
  • The way the consumer can check and, if desired, correct the information they provided before concluding the contract.
  • 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 of conduct electronically.
  • The minimum duration of the distance contract in the case of a duration transaction.
  • Optional: available sizes, colors, and 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 meets the specified conditions. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. Until this acceptance is confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will 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 observe appropriate safety measures.

The entrepreneur is entitled, within legal frameworks, to investigate whether the consumer can meet their payment obligations and to check any other factors relevant to responsibly concluding a distance contract. If the entrepreneur has valid grounds based on this investigation, they are entitled to refuse an order or application or to impose special conditions on its execution.

With the product or service, the entrepreneur will provide the consumer with the following information, either in writing or in a way that allows the consumer to store it on a durable data carrier:

  1. The physical address of the entrepreneur’s establishment where the consumer can lodge complaints.
  2. The conditions and method by which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded.
  3. Information on warranties and available after-sales service.
  4. The information specified in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before executing the agreement.
  5. The requirements for canceling the agreement if it has a duration of more than one year or an indefinite term.

In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement is entered into under the condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

Upon purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 14 days. This reflection period begins the day after the consumer or a representative designated by the consumer and known to the entrepreneur receives the product.

During the reflection period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they use their right of withdrawal, they will return the product with all delivered accessories, in its original condition and packaging where reasonably possible, following the entrepreneur’s provided reasonable and clear instructions.

If the consumer wishes to use their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product by written notice or email. After indicating their wish to withdraw, the consumer must return the product to the original location within 14 days. The consumer must prove that the goods were returned on time, for example, by providing proof of shipment.

If the consumer has not indicated their wish to withdraw within the deadlines mentioned in paragraphs 2 and 3, or if they have not returned the product to the entrepreneur, the purchase is final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they bear the cost of returning the products. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been received back by the retailer or proof of complete return has been submitted.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer or at least before concluding the agreement.

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

  1. Made to the consumer’s specifications.
  2. Clearly personal in nature.
  3. That cannot be returned due to their nature.
  4. That can spoil or age quickly.
  5. Whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control.
  6. For individual newspapers and magazines.
  7. For audio, video recordings, and computer software where the consumer has broken the seal.
  8. For hygiene products where the consumer has broken the seal.

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

  1. Related to accommodation, transport, restaurant, or leisure activities on a specific date or during a specific period.
  2. Whose delivery has begun with the consumer’s explicit consent before the reflection period has expired.
  3. Related to betting and lotteries.

Article 9 - The Price

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

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

Price increases within three months after the agreement’s conclusion are only allowed if they result from legal regulations or provisions. Price increases from three months after the agreement’s conclusion are only allowed if the entrepreneur has stipulated this and:

  1. They result from legal regulations or provisions; or
  2. The consumer has the authority to terminate the agreement effective from the day the price increase takes effect.

The place of delivery is based on Article 5, paragraph 1, of the Value Added Tax Act 1968 and takes place in the country where transportation begins. In this case, the delivery is outside the EU. Accordingly, import VAT and/or clearance costs will be collected by the postal or courier service from the recipient. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

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

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can exercise under the agreement against the entrepreneur.

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

The entrepreneur’s warranty period matches the manufacturer’s warranty period. However, the entrepreneur is never responsible for the products' ultimate suitability for each consumer’s specific application, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products or had them repaired and/or modified by third parties.
  • The delivered products were exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or those on the packaging.
  • The defect is wholly or partially due to regulations the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will take the utmost care in receiving and executing orders for products. The delivery address will be the address the consumer has provided to the business.

In compliance with Article 4 of these general terms and conditions, the business will execute accepted orders promptly but no later than 30 days unless the consumer agrees to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation.

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

If delivery of an ordered product is impossible, the entrepreneur will make an effort to offer a replacement product. Upon delivery, it will be clearly and understandably stated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items, and the cost of any return shipment will be borne by the entrepreneur.

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

Article 12 - Duration Transactions: Termination, Renewal, and Duration

Termination

The consumer may terminate an agreement entered into for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a specific period that involves the regular delivery of products (including electricity) or services at the end of the specified period, observing the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

  • At any time without being limited to termination at a specific time or during a specific period.
  • In the same way as the agreement was initially concluded.
  • With the same notice period that the entrepreneur has stipulated for themselves.

Renewal

An agreement entered into for a specific period and involving the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specified duration.

In deviation from the previous paragraph, an agreement entered into for a specific period involving the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months if the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a specific period and involving the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, or a maximum of three months if the agreement involves the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the reflection period as stated in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer has received the agreement confirmation.

The consumer is obliged to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

Article 14 - Complaints Procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur within seven days, clearly described, after the consumer has discovered the deficiencies.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

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

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

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

Article 15 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.

Article 16 - CESOP

Due to measures introduced and reinforced in 2024 under the 'Amendment to the Value Added Tax Act 1968 (Act Implementing the Payment Service Providers Directive)' and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.

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