General terms and conditions

Article 1. General

1.1 In these general terms and conditions of sale, 'Vieamira' means: Vieamira
1.2 These terms and conditions form part of all offers from and agreements with Vieamira, unless expressly deviated from in writing.
1.3 Subject to the provisions of Article 6.4, these terms and conditions also apply if Vieamira needs to engage third parties for the execution of any agreements.
1.4 Unless otherwise agreed in writing, general or specific terms or conditions of third parties are not recognized by Vieamira.
1.5 In the event that the Terms and an Agreement contain conflicting clauses, the Agreement shall prevail. 1.6 If any part of the Terms is null and void or is annulled, the remaining provisions of the Terms shall remain in full force and effect and the parties shall be bound to make every effort to agree on a replacement clause that is valid and approximates the original intentions of the parties as closely as possible.

Article 2. Offers and conclusion of agreements

2.1 All offers are without obligation, unless expressly stated otherwise by Vieamira.
2.2 Agreements for the delivery of goods and/or services are only binding on Vieamira after written confirmation. Actual execution by Vieamira or an invoice sent by Vieamira is equivalent to a written confirmation of the offer. 2.3 If the correctness of the content of this written confirmation is not disputed within 8 days, also in writing, Vieamira and the purchaser are bound by it.
2.4 Vieamira offers do not automatically apply to repeat orders.
2.5 Vieamira cannot be held to its offer if the purchaser should have understood that the offer, or a part thereof, contained an obvious mistake or error.
2.6 Additions, changes and/or further agreements are only valid if agreed in writing.

Article 3. Prices / Price increase

3.1 All prices are expressed in Euros, including sales tax (VAT), unless otherwise stated.
3.2 Vieamira guarantees that price increases will not take place after the conditions have been concluded, unless the price increase is the result of statutory regulations and/or provisions.
3.3 If the price increase is not the result of statutory regulations and/or provisions, the consumer has the right to terminate the distance contract on the day on which the price increase takes effect.

Article 4. Delivery

4.1 If items are available from stock, they will be shipped immediately after ordering. Vieamira may charge shipping costs for shipping ordered items. Delivery of ordered items will take place at the postal address known to Vieamira, not being of a temporary nature, and delivered to the natural person who is at the delivery address.
4.2 The buyer must sign for receipt of the products. This is only different if the buyer has grounds for refusal based on the law.
4.3 If the purchaser refuses to accept delivery or fails to provide information or instructions necessary for delivery, the items will be stored at the purchaser's expense and risk.
4.4 Vieamira's delivery obligation will be fulfilled, unless proven otherwise, as soon as the items delivered by Vieamira have been offered to the buyer once. In the event of home delivery, the carrier's report, containing the refusal of acceptance, will serve as full proof of the offer to deliver, unless proven otherwise.
4.5 In the event of refusal of the offered goods, return freight and storage costs, as well as the risk of damage or loss of the refused goods, shall be borne entirely by the purchaser, unless the purchaser invokes the right to cancel the purchase or replace the goods on good grounds.

Article 5. Delivery time

5.1 A delivery time specified by Vieamira is never to be regarded as a fatal term. The delivery time only commences after all necessary data is in the possession of Vieamira, after which Vieamira will attempt to deliver within 30 days.
5.2 In the context of the rules of distance selling, Vieamira will execute orders with due speed, but at least within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be executed in part, the consumer (client) will receive a message within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice of default.

Article 6. Dissolution

6.1 Without prejudice to Vieamira's rights under the law, Vieamira is entitled to suspend or terminate the agreement in whole or in part by means of a written statement to that effect to the purchaser, with the right to compensation from the purchaser if, after the conclusion of the agreement, Vieamira becomes aware of circumstances that give Vieamira good reason to fear that the purchaser will not fulfil its obligations or if Vieamira has requested security for compliance upon conclusion of the agreement and this security is not provided or is insufficient (despite a formal notice) as well as in the event of bankruptcy of the purchaser, a petition for bankruptcy by the purchaser, suspension of payments, liquidation or a decision thereto, full or partial transfer of the purchaser's company or seizure of any part of its assets.
6.2 If circumstances arise with regard to persons and/or materials that Vieamira uses or is accustomed to using in the performance of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so difficult and/or disproportionately expensive that compliance with it can no longer reasonably be required, Vieamira is entitled to terminate the agreement.
6.3 The purchaser has the right to dissolve the agreement within a period of 14 working days without giving any reason for delivered goods based on an order with Vieamira, if there is a consumer purchase, in accordance with article 7:5 BW, unless expressly agreed otherwise. This period starts at the moment that the ordered goods have been delivered. If the purchaser has not returned the delivered goods to Vieamira after this period, the purchase is a fact. Before returning the goods, the purchaser is obliged to report this to Voorbeeld shop within the period of 14 working days after delivery. The purchaser must prove that the delivered goods were returned on time (no later than 10 working days after delivery), for example by means of proof of postal delivery. The return of the delivered goods is entirely at the expense and risk of the purchaser. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the buyer, the right to dissolution within the meaning of this section shall lapse. With due observance of the provisions of the previous sentence, Vieamira shall confirm the dissolution of the purchase immediately after receipt and inspection of the returned goods and shall ensure that the full purchase price is refunded to the buyer free of charge within 30 days after proper receipt of the complete return shipment.
6.4 The right of dissolution, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services, such as telephone subscriptions of the (mobile) network operators offered by Vieamira. The general terms and conditions of the network operators in question will apply to the latter services, where Vieamira only acts as an intermediary or agent.

Article 7. Force Majeure

7.1 Force majeure is understood to mean, in addition to what is understood in law and case law, all circumstances over which Vieamira has no influence and which hinder or make the delivery of goods impossible, including but not limited to strikes at Vieamira and/or suppliers, disruptions in the Internet or WAP, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties.
7.2 An appeal to force majeure may also be made if the circumstance that prevents (further) compliance occurs after Vieamira should have fulfilled the obligation.
7.3 If the period in which Vieamira is unable to fulfil its obligations due to force majeure lasts longer than 2 weeks, both parties are entitled to terminate the agreement, without any obligation to pay damages in that case.
7.4 If Vieamira has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfil its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the purchaser is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or the part that can be delivered has no independent value.

Article 8. Warranty

8.1 Vieamira does not offer a more extensive warranty on delivered goods than the warranty (conditions) of the manufacturer of these goods, without however affecting the rights of the purchaser arising from mandatory statutory provisions.
8.2 Vieamira is never responsible for the ultimate suitability of the items for each individual application by the purchaser, nor for any advice regarding the use or application of the items.
8.3 The purchaser is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the purchaser must (before returning it to Vieamira) immediately report these defects in writing to Vieamira. Any defects or incorrectly delivered goods must and can be reported in writing to Vieamira no later than 2 months after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely forfeits this right to complain and return.
8.4 If complaints from the purchaser are found to be justified by Vieamira, Vieamira will, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the purchaser regarding compensation, provided that Vieamira's liability and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at Vieamira's discretion) to the maximum amount covered by Vieamira's liability insurance in the relevant case. Any liability of Vieamira for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.
8.5 Vieamira is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
8.6 This warranty does not apply if:

A) and as long as the purchaser is in default towards Vieamira;
B) the purchaser has repaired and/or processed the delivered goods himself and/or has had them repaired and/or processed by third parties.
C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of Vieamira and/or the instructions for use on the packaging;
D) the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 9. Payment

9.1 Unless otherwise agreed, payment must be made by PIN transaction at the place of delivery of the products. Payment in installments is not possible.
9.2 After 10 days have passed since the invoice date, the purchaser will be in default by operation of law and from that moment onwards will owe interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest will apply, whereby part of a month will be counted as a whole month.
9.3 In the event of bankruptcy or suspension of payment of the purchaser or an application thereto, Vieamira's claims and the purchaser's obligations towards Vieamira shall be immediately due and payable.
9.4 If Vieamira has to outsource its claim for collection, the purchaser owes a fixed amount of 15% of the amount owed in extrajudicial collection costs, with a minimum amount of 250 euros.
9.5 If Vieamira can demonstrate that it has incurred higher costs that were reasonably necessary, these will also be eligible for reimbursement.

Article 10. Retention of title

10.1 The ownership of all items sold and delivered by Vieamira to the purchaser remains with Vieamira as long as the purchaser has not paid Vieamira's claims under the agreement or previous or subsequent similar agreements, as long as the purchaser has not yet paid for the work performed or yet to be performed under this or similar agreements and as long as the purchaser has not yet paid Vieamira's claims due to failure to fulfil such obligations, including claims for fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
10.2 The items delivered by Vieamira that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
10.3 The purchaser is not authorised to pledge or otherwise encumber the items subject to the retention of title.
10.4 The purchaser hereby grants unconditional and irrevocable permission to Vieamira or a third party to be appointed by Vieamira to enter all places where its properties are located in all cases in which Vieamira wishes to exercise its ownership rights and to take those items with it.
10.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the purchaser is obliged to inform Vieamira thereof as soon as may reasonably be expected. 10.6 The purchaser undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection by Vieamira upon first request.

Article 11. Privacy

11.1 Vieamira respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise stated. This information is not sold, shared or rented by Vieamira to third parties in any way other than as stated in this privacy statement.
11.2 Information from which the identity of an online visitor to the Vieamira website can be derived is provided voluntarily by the visitor. This information can be used within DeGrijpShop (and all its subsidiaries (Vieamira) and brands) with the aim of making visits to our websites as easy and enjoyable as possible. In addition, this information may be used for analysis and to provide information about the Vieamira product portfolio. The purchaser gives explicit permission for this. Vieamira is entitled to disclose information about a visitor in special cases, when there is reason to believe that the disclosure of that information is necessary to identify, contact or initiate legal proceedings against someone who, intentionally or unintentionally, harms or damages the rights or property of Vieamira, other users of its website or others who may suffer damage as a result. Vieamira is entitled to release information about users when we believe in good faith that the law requires this.
11.3 Vieamira collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data can be deleted at the request of the online visitor, insofar as this does not require any disproportionate effort or costs for Vieamira.

Article 12. Intellectual property rights

12.1 Unless expressly agreed otherwise in writing, full copyright and all other intellectual and industrial property rights relating to the goods or services supplied by Vieamira, such as trademark rights, model rights, patent rights, sui generis database rights, etc., shall remain the exclusive property of Vieamira and/or its suppliers.
12.2 The parties undertake to take sufficient measures to ensure confidentiality with regard to each other's data of a confidential nature of which they become aware during the performance of the agreement.

Article 13. Applicable law.

13.1 All offers and agreements of Vieamira are exclusively subject to Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.

Article 14. Disputes

14.1 The purchaser can email Vieamira's Customer Care helpdesk for questions and/or complaints at info@vieamira.nl, available from Monday to Friday from 8:30 - 17:00. Complaints are usually handled within 30 days. If this is not possible for any reason, the purchaser will be informed of the duration of the delay.
14.2 The buyer has the opportunity to submit the dispute to an independent disputes committee. This may be the Thuiswinkel disputes committee or another equivalent disputes committee, which does not affect the buyer's right to submit the dispute to a competent court.