Article 1 Definitions
In these Terms of Use, the following terms are used with the meanings set forth below:
VVV Geschenkbon B.V.: issuer of the VVV Gift Card, registered with the Chamber of Commerce under number 32068001. VVV Geschenkbon B.V. is a subsidiary of VVV Nederland B.V.;
1.1 Website: all web pages that make up the VVV Gouda webshop operating under the domain name www.vvvgoudawebshop.nl;
Visitor: anyone who visits the VVV Gouda webshop website or uses or views the information provided there;
1.2 Cooling-off period:the period during which the consumer may exercise their right of withdrawal;
Consumer:a natural person who is not acting in the
course of a trade or business and who enters into a distance contract
with the business;
1.3 Day:calendar day;
1.4 Long-term transaction:a distance contract
relating to a series of products and/or services, where the
obligation to deliver and/or accept performance is spread out over time;
1.5 Durable medium:any means that enables the consumer or
business to store information addressed personally to them
in a way that allows for future reference and
the unaltered reproduction of the stored information.
1.6 Right of withdrawal:the consumer’s right to cancel the distance contract within the cooling-off period;
1.7 Merchant:a natural or legal person who offers products and/or services to consumers through distance selling;
1.8 Distance contract:a contract in which,
as part of a system organized by the business for the
distance sale of products and/or services,
one or more
means of distance communication are used exclusively
up to and including the conclusion of the
contract;
1.9 Remote communication technology:a means that can be used to conclude a contract without the consumer and the business being physically present in the same location at the same time;
Article 2 Applicability
2.1 These Terms of Use apply to every visit to the
website and to the use of the information available thereon, and are deemed to have been tacitly
accepted by every visitor in connection with such use and access, as the
Terms of Use are always accessible via a hyperlink on all web pages. The VVV Gouda webshop may amend or modify these terms of use at any
time without prior notice.
2.2 If one or more provisions of these Terms of Use are or become, in whole or in part, inconsistent with any statutory provision, or are or become void or are set aside , the remaining provisions shall remain in full force and effect, and the parties shall agree on an alternative provision that most closely approximates the intent and effect of the void or voidable provision(s).
2.3 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 save it on a durable medium. If this is not reasonably possible, then before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that, at the consumer’s request, they will be sent free of charge electronically or by other means.
2.4 In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may, in the event of conflicting general terms and conditions, always rely on the applicable provision that is most favorable to him.
Article 3 Liability
3.1 The VVV Gouda webshop takes the utmost care to ensure the reliability and accuracy of the information on the website. However, inaccuracies and omissions may occur.
3.2 VVV Gouda webshop is not liable for damage resulting from inaccuracies or omissions in the information provided, nor for damage resulting from problems caused by, or inherent in, the dissemination of information via the internet, such as malfunctions or interruptions of, or errors or delays in the provision of information, services, or products by VVV Gouda webshop or by a visitor to the VVV Gouda webshop via the website of the VVV Gouda webshop or otherwise by electronic means.
3.3 The VVV Gouda webshop accepts no liability for any damages incurred as a result of the use of information, advice, or ideas provided by or on behalf of the VVV Gouda webshop via the website.
3.4 The VVV Gouda webshop accepts no responsibility for the content of websites to which or from which a hyperlink or other reference is provided.
3.5 If information included on the website is also provided in writing, in the event of any discrepancies in the text, the written version shall prevail. The VVV Gouda webshop does not guarantee that emails or other electronic messages sent to it will be received and processed in a timely manner, and accepts no liability for the consequences of their non-receipt or late receipt or processing.
Article 4 Equipment
4.1 The VVV Gouda webshop accepts no liability for damage to visitors’ equipment resulting from the use of or a visit to the website.
4.2 Visitors are responsible for purchasing the appropriate software and hardware, as well as the connections and links necessary for using and accessing the website.
Article 5 Intellectual Property Statement
5.1 The information, text, images, photographs, and illustrations on this website, as well as the website’s design (“the Content”), in which substantial investment has been made, are protected under the Copyright Act, the Database Act, and other applicable legislation. Except for statutory exceptions, none of this may be reproduced (including “framing”), made available to third parties, or published without the prior consent of VVV Gouda webshop
5.2 Accessing and viewing the Data and making printouts
for personal use is permitted within the limits
set forth in applicable law.
5.3 Prior permission from the VVV Gouda webshop is required to create a hyperlink to (any page on) this website. This permission is generally granted, unless the content, appearance, or reputation of the guest site, in the opinion of VVV Gouda webshop, is incompatible with the name and reputation of VVV Nederland B.V., its services and products, or the content of its website.
5.4 The word and figurative marks on this website are the property of VVV Nederland B.V. and its licensors. You may not display one or more of these marks and logos on your own website or use them in any other way without the prior consent of VVV Nederland B.V. or the relevant licensor.
Article 6 Choice of Law and Jurisdiction
6.1 These Terms of Use are governed by Dutch law. Any disputes arising from these Terms of Use shall be submitted exclusively to the competent court in Utrecht.
Article 7 The Offer
7.1 If an offer is valid for a limited period or is subject to certain conditions, this will be explicitly stated in the offer.
7.2 The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the merchant uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the merchant.
7.3 Each offer must include sufficient information to ensure that the consumer clearly understands the rights and obligations associated with accepting the offer. This applies in particular to:
the price including taxes;
· any delivery charges;
· the manner in which the agreement will be concluded and the steps required to do so;
· whether or not the right of withdrawal applies;
· the method of payment, delivery, or performance of the agreement;
· the deadline for accepting the offer, or the deadline for maintaining the price;
· the rate for remote communication if the costs of using the technology for remote communication are calculated on a basis other than the standard base rate for the means of communication used;
· whether the agreement is archived after it is concluded, and if so, how the consumer can access it;
· the manner in which the consumer, prior to concluding the contract, can verify the information provided by him in connection with the contract and, if desired, correct it;
· any languages in which, in addition to Dutch, the agreement may be concluded;
· the codes of conduct to which the business has agreed to adhere, and the manner in which the consumer can access these codes of conduct electronically; and
· the minimum duration of the distance contract in the case of a long-term contract.
Article 8 The Agreement
8.1 Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
8.2 If the consumer has accepted the offer electronically, the business shall immediately confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed, the consumer may cancel the contract.
8.3 If the agreement is concluded electronically, the business operator shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the business operator shall observe appropriate security measures for this purpose.
8.4 The merchant may—within the limits of the law—verify whether the consumer is able to meet his payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the merchant has good reason not to enter into the agreement, he is entitled to refuse an order or request, stating his reasons, or to attach special conditions to its performance.
8.5 The merchant shall provide the consumer with the following information along with the product or service, either in writing or in a format that allows the consumer to store it in an accessible manner on a durable medium:
· the business address of the entrepreneur’s location where the consumer can file a complaint;
· the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
· information about existing after-sales service and warranties;
· the information set forth in Article 7(3) of these terms and conditions, unless the business has already provided this information to the consumer prior to the performance of the contract;
· the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.
8.6 In the case of a continuing transaction, the provision in the preceding paragraph applies only to the first delivery.
Article 9 Right of Withdrawal for Product Deliveries
9.1 When purchasing products, the consumer has the right to cancel the contract without giving any reason within 30 (thirty) days. This period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and notified to the business.
9.2 During this period, the consumer shall handle the
product and its packaging with care. He shall only unpack or use the product
to the extent necessary to determine
whether he wishes to keep it. If he exercises his
right of withdrawal, he shall return the product with all supplied
accessories and—if reasonably possible—in its original condition
and packaging to the merchant, in accordance with the reasonable and clear instructions provided by the
merchant.
For the provision of services:
9.3 In the case of the provision of services, the consumer has the right to cancel the agreement without giving any reason within at least 14 (fourteen) days, starting on the day the agreement is concluded.
To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the merchant in the offer and/or, at the latest, upon delivery.
Article 10 Costs in the Event of Cancellation
10.1 If the consumer exercises their right of withdrawal, they are responsible for no more than the cost of returning the goods.
10.2 If the consumer has paid an amount, the merchant shall refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 11 Exclusion of the Right of Withdrawal
11.1 If the consumer does not have a right of withdrawal, the business may exclude this right only if the business has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract.
11.2 The right of withdrawal may be excluded only for products:
· that have been produced by the business in accordance with the consumer’s specifications;
· that are clearly of a personal nature;
· that, by their nature, cannot be returned;
· that can spoil or go bad quickly;
· the price of which is subject to fluctuations in the financial market over which the business owner has no control;
· for individual newspapers and magazines;
· for audio and video recordings and computer software whose seals have been broken by the consumer.
· The right of withdrawal may be excluded only for services:
· relating to lodging, transportation, dining, or recreational activities to be provided on a specific date or during a specific period;
· the delivery of which has begun with the consumer’s express consent before the cooling-off period has expired;
· regarding betting and lotteries.
Article 12 The Price
12.1 During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
12.2 Notwithstanding the preceding paragraph, the merchant may offer products or services whose prices are subject to fluctuations in the financial market and over which the merchant has no control, at variable prices. This dependence on market fluctuations and the fact that any prices listed are indicative prices must be stated in the offer.
12.3 Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
12.4 Price increases effective three months after the conclusion of the agreement are permitted only if the business has stipulated this and:
· are the result of legal regulations or provisions; or
· the consumer has the right to terminate the contract effective as of the date the price increase takes effect.
12.5 The prices listed in the offer of products or services include VAT.
Article 13 Conformity and Warranty
13.1 The business warrants that the products and/or services comply with the agreement, the specifications set forth in the offer, reasonable requirements of quality and/or fitness for purpose, and the statutory provisions and/or government regulations in effect on the date the agreement was concluded. If agreed, the business also guarantees that the product is suitable for use other than normal use.
13.2 Any warranty provided by the merchant, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the merchant under the agreement.
Article 14 Delivery and Performance
14.1 The business will exercise the utmost care when accepting and fulfilling orders for products and when evaluating requests for the provision of services.
14.2 The place of delivery is the address that the consumer has provided to the company.
14.3 Subject to the provisions of Article 7 of these Terms and Conditions, the company will fulfill accepted orders with due diligence, but no later than within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after placing the order. In such a case, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation.
14.4 In the event of termination in accordance with the preceding paragraph, the merchant shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
14.5 If delivery of an ordered product proves impossible, the merchant will make every effort to provide a replacement item. No later than upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipping are borne by the business.
14.6 The risk of damage to and/or loss of products remains with the merchant until the moment of delivery to the consumer or to a representative designated in advance and notified to the merchant, unless expressly agreed otherwise.
Article 15 Long-term contracts: term, termination, and renewal
Cancellation:
15.1 The consumer may terminate a contract entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
15.2 The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time prior to the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
15.3 The consumer may terminate the agreements referred to in the preceding paragraphs:
· terminate at any time and not be limited to termination at a specific time or during a specific period;
· terminate them in at least the same manner in which they were entered into by him;
· always give notice with the same notice period that the business owner has stipulated for themselves.
Extension:
15.4 A fixed-term contract that provides for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
15.5 Notwithstanding the preceding paragraph, a contract entered into for a fixed term for the regular delivery of daily newspapers, news magazines, weekly newspapers, and periodicals may be tacitly renewed for a fixed term of no more than three months, provided that the consumer may terminate this extended agreement by the end of the extension period with a notice period of no more than one month.
15.6 A fixed-term contract that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is at all times entitled to terminate it with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement provides for the regular, but less than once a month, delivery of daily newspapers, news publications, weekly newspapers, and magazines.
15.7 A fixed-term agreement for the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines (trial or introductory subscription) is not automatically renewed and ends automatically upon the expiration of the trial or introductory period.
Duration:
15.8 If a contract has a term of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
Article 16 Payment
16.1 Unless otherwise agreed, the amounts owed by the consumer must be paid immediately via the iDEAL payment system.
16.2 The consumer is obligated to immediately notify the business of any inaccuracies in the payment details provided or listed.
16.3 In the event of non-payment by the consumer, the business has the right, subject to legal limitations, to charge the consumer for reasonable costs that were communicated to the consumer in advance.
Article 17 Complaints Procedure
17.1 The business operator has a clearly communicated complaints procedure and handles complaints in accordance with this procedure.
17.2 Complaints regarding the performance of the contract must be submitted to the business owner within a reasonable time, in full, and clearly described, after the consumer has discovered the defects.
17.3 Complaints submitted to the business will be responded to within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
17.4 If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Article 18 Disputes
18.1 Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
18.2 The Dispute Resolution Committee will only consider a dispute if the consumer has first submitted their complaint to the business within a reasonable time.
18.3 No later than three months after the dispute arises, the dispute must be submitted in writing to the Dispute Resolution Committee.
18.3 If the consumer wishes to submit a dispute to the Dispute Resolution Committee, the business is bound by this decision. If the business operator wishes to do so, the consumer must, within five weeks of a written request to that effect from the business operator, state in writing whether he also wishes to do so or whether he wishes to have the dispute heard by the competent court. If the business owner does not receive the consumer’s choice within the five-week period, the business owner is entitled to submit the dispute to the competent court.
18.4 The Dispute Resolution Committee renders its decision in accordance with the terms and conditions set forth in the Committee’s rules of procedure. The Decisions of the Dispute Resolution Committee take the form of binding recommendations.
18.5 The Dispute Resolution Committee will not hear a dispute or will discontinue proceedings if the business has been granted a stay of payments, has been declared bankrupt, or has effectively ceased its business operations before the dispute has been heard by the committee at a hearing and a final decision has been rendered.
18.6 If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee—or one affiliated with the Foundation for Consumer Affairs Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) , the Thuiswinkel Disputes Committee has exclusive jurisdiction over disputes primarily concerning the method of distance selling or service provision . For all other disputes, the other recognized dispute resolution committee affiliated with the SGC or Kifid shall have jurisdiction.
Article 19 Supplementary or Deviating Provisions
19.1 Any additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be set forth in writing or in such a manner that they can be stored by the consumer in an accessible way on a durable medium.
