Terms and Conditions

Table of Contents:

  • Article 1 - Definitions
  • Article 2 - Identity of VTLFX
  • Article 3 - Applicability
  • Article 4 - The Offer
  • Article 5 - The Agreement
  • Article 6 - Right of Withdrawal
  • Article 7 - Obligations of the Consumer During the Cooling-off Period
  • Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
  • Article 9 - Obligations of VTLFX in Case of Withdrawal
  • Article 10 - Exclusion of Right of Withdrawal
  • Article 11 - The Price
  • Article 12 - Compliance and Additional Warranty
  • Article 13 - Delivery and Execution
  • Article 14 - Duration Transactions: Duration, Cancellation and Extension
  • Article 15 - Payment
  • Article 16 - Complaints Procedure
  • Article 17 - Disputes
  • Article 18 - Additional or Deviating Provisions

Article 1 - Definitions

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

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by VTLFX or by a third party based on an arrangement between that third party and VTLFX;

  2. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;

  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;

  4. Day: calendar day;

  5. Digital content: data produced and delivered in digital form;

  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;

  7. Durable data carrier: any means - including email - that enables the consumer or entrepreneur to store information addressed to him personally in a way that makes future consultation or use possible during a period that is appropriate for the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;

  8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

  9. Distance contract: an agreement concluded between VTLFX and the consumer within the framework of an organized system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or additional use is made of one or more techniques for distance communication;

  10. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;

  11. VTLFX: the legal entity as further defined in Article 2, which offers products, (access to) digital content and/or services remotely to consumers as set out under these general terms and conditions;

  12. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet simultaneously in the same space;

Article 2 - Identity of VTLFX

Business name: VTLFX
Business address: [Insert your address here]
Email address: [Insert website email here]
Chamber of Commerce number: [Insert your CoC number here]
VAT identification number: [Insert your VAT number here]

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from VTLFX and to every distance contract 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, VTLFX will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at VTLFX and that they will be sent free of charge as soon as possible at the consumer's 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 can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, either electronically or otherwise.

  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 accordingly and in case of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

Article 4 - The Offer

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

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

  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

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 the fulfillment of the conditions set therein.

  2. If the consumer has accepted the offer electronically, VTLFX will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by VTLFX, the consumer can dissolve the agreement. After receipt of this confirmation, it is no longer possible for the consumer to dissolve or cancel the agreement: however, the consumer can exercise the right of withdrawal (Article 6).

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

  4. VTLFX may - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If VTLFX has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

  5. VTLFX will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

    a. the visiting address of VTLFX's establishment where the consumer can submit complaints;

    b. 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;

    c. information about guarantees and existing after-sales service;

    d. the price including all taxes of the product, service or digital content; insofar as applicable, the delivery costs; and the method of payment, delivery or execution of the distance contract;

    e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

    f. if the consumer has a right of withdrawal, the model withdrawal form.

  6. In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of Withdrawal

For products:

  1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 (fourteen) days without giving reasons. VTLFX may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).

  2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:

    a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. VTLFX may, provided it has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.

    b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

    c. for contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not delivered on a tangible medium:

  1. The consumer can dissolve a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. VTLFX may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).

  2. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not delivered on a tangible medium in case of failure to inform about the right of withdrawal:

  1. If VTLFX has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

  2. If VTLFX has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the Consumer During the Cooling-off Period

  1. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

  2. The consumer is only liable for depreciation of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.

  3. The consumer is not liable for depreciation of the product if VTLFX has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

  1. If the consumer exercises his right of withdrawal, he reports this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to VTLFX.

  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) VTLFX. This is not necessary if VTLFX has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.

  3. The consumer returns the product with all accessories delivered, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by VTLFX.

  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

  5. The consumer bears the direct costs of returning the product. If VTLFX has not reported that the consumer must bear these costs or if VTLFX indicates that it will bear the costs itself, the consumer does not have to bear the costs for return.

  6. The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:

    a. he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period prior to its delivery;

    b. he has not acknowledged that he loses his right of withdrawal when granting his consent; or

    c. VTLFX has failed to confirm this statement by the consumer.

  7. If the consumer exercises his right of withdrawal, all additional agreements are dissolved by law.

Article 9 - Obligations of VTLFX in Case of Withdrawal

  1. If VTLFX makes it possible for the consumer to report withdrawal electronically, he will send a confirmation of receipt immediately after receiving this notification.

  2. VTLFX will refund all payments from the consumer, including any delivery costs charged by VTLFX for the returned product, immediately but within 14 (fourteen) days following the day on which the consumer reports the withdrawal to him. Unless VTLFX offers to collect the product itself, it may wait with refunding until it has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.

  3. VTLFX uses the same payment method for refunding that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, VTLFX does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of Right of Withdrawal

VTLFX can exclude the following products and services from the right of withdrawal, but only if VTLFX has clearly stated this in the offer, or at least in time before concluding the agreement:

  1. Products or services whose price is tied to fluctuations in the financial market over which VTLFX has no control and which can occur within the withdrawal period;

  2. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by VTLFX to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;

  3. Service agreements, after full performance of the service, but only if:

    a. the performance has started with the express prior consent of the consumer; and

    b. the consumer has stated that he loses his right of withdrawal once VTLFX has fully performed the agreement;

  4. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering;

  5. Agreements regarding leisure activities, if a specific date or period of performance is provided for in the agreement;

  6. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

  7. Products that perish quickly or have a limited shelf life;

  8. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

  9. Products that are irrevocably mixed with other products after delivery due to their nature;

  10. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which VTLFX has no control;

  11. Sealed audio, video recordings and computer software, whose seal has been broken after delivery;

  12. Newspapers, magazines or magazines, with the exception of subscriptions to these;

  13. The delivery of digital content other than on a tangible medium, but only if:

    a. the performance has started with the express prior consent of the consumer; and

    b. the consumer has stated that he thereby loses his right of withdrawal.

Article 11 - 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 as a result of changes in VAT rates.

  2. Notwithstanding the previous paragraph, VTLFX can offer products or services whose prices are tied to fluctuations in the financial market and over which VTLFX has no control, with variable prices. This connection to fluctuations and the fact that any prices mentioned are target prices are stated 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 VTLFX has stipulated this and:

    a. these are the result of legal regulations or provisions; or

    b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

  5. The prices stated in the offer of products or services include VAT.

Article 12 - Compliance and Additional Warranty

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

  2. An additional warranty provided by VTLFX, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against VTLFX on the basis of the agreement if VTLFX has failed to fulfill its part of the agreement.

  3. Additional warranty means any commitment by VTLFX, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in case it has failed to fulfill its part of the agreement.

Article 13 - Delivery and Execution

  1. VTLFX will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

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

  3. Taking into account what is stated about this in Article 4 of these general terms and conditions, VTLFX will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

  4. After dissolution in accordance with the previous paragraph, VTLFX will refund the amount paid by the consumer immediately.

  5. The risk of damage and/or loss of products rests with VTLFX until the moment of delivery to the consumer or a representative designated in advance and made known to VTLFX, unless expressly agreed otherwise.

Article 14 - Duration Transactions: Duration, Cancellation and Extension

Cancellation:

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services, at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.

  2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products or services, at any time at the end of the definite period, taking into account the agreed cancellation rules and a notice period of no more than one month.

  3. The consumer can terminate the agreements mentioned in the previous paragraphs:

    • at any time and not be limited to cancellation at a specific time or in a specific period;
    • at least terminate in the same way as they were entered into by him;
    • always terminate with the same notice period as VTLFX has stipulated for itself.

Extension:

  1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite period.

  2. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period may be tacitly extended for a definite period of no more than three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

  3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month.

Duration:

  1. 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 15 - Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 (fourteen) days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.

  2. When selling products to consumers, the consumer may never be required in general terms and conditions to make advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.

  3. The consumer has the duty to report inaccuracies in provided or stated payment details to VTLFX immediately.

  4. If the consumer does not meet his payment obligation(s) on time, after VTLFX has pointed out the late payment to him and VTLFX has given the consumer a period of 14 (fourteen) days to still meet his payment obligations, after payment fails to occur within this 14-day period, the statutory interest is owed on the amount still owed and VTLFX is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. VTLFX may deviate from the amounts and percentages mentioned in favor of the consumer.

Article 16 - Complaints Procedure

  1. VTLFX has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

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

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

Article 17 - Disputes

  1. Dutch law exclusively applies to agreements between VTLFX and the consumer to which these general terms and conditions relate. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where VTLFX has its office.

Article 18 - Additional or Deviating Provisions

Additional provisions or provisions deviating 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 they can be stored by the consumer in an accessible manner on a durable data carrier.