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General Terms & Conditions
In the document below are the details of our General Terms & Conditions.
The main points that are most useful for standard questions about ordering, shipping, returns and complaints can also be found on these pages:
Also visit the Contact Customer Service page for more general information and how best to contact us.
Violet & Lime Terms and Conditions
(member of the Stichting WebwinkelKeur)
Article 1 - Definitions
Article 2 – Identity of the company
Article 3 – Scope of application
Article 4 – The offer
Article 5 – The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of the right of withdrawal
Article 8 – Exclusion of the right of the withdrawal
Article 9 – The price
Article 10 - Compliance and guaranty
Article 11 – Delivery and execution
Article 12 – Continuing performance contract: duration, termination and extension
Article 13 - Payment
Article 14 – Complaints procedure
Article 15 - Disputes
Article 16 – Additional or different terms
Article 1 - Definitions
The terms used in these general terms and conditions are defined as follows:
- Cooling-off period: the period which the consumer can make use of his right of withdrawal;
- Consumer: the natural person not acting in the course of a profession or business and enters into a distance agreement with the company;
- Company: the natural or legal person who offers products and / or services to consumers at a distance;
- Day: calendar day;
- Distance agreement: a contract which is concluded within the framework of an organized system for the company, with the use of one or more means of distance communication;
- Duration transaction: a distance agreement concerning a series of products and / or services, whose supply and / or purchase is spread over time;
- Durable medium: any storage device that allows the consumer or the company to store information provided to him personally to be stored in a way that future consultation and unaltered reproduction of the information is made possible.
- Right of withdrawal: the possibility for the consumer to – within the cooling-off period – opt out of the distance agreement;
- Model form: the model form that the company makes available to the consumer and that the consumer can fill in when he wishes to exercise his right of withdrawal;
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and the company having met simultaneously in the same location.
- Terms and Conditions: these general Terms and Conditions of the company.
Article 2 – Identity of the company
Riet Consulting & Design;
doing business as Violet & Lime;
established at Berkenlaantje 17, Nunspeet, the Netherlands.
(Please note the registered business address is not a visiting address. For contact, please refer to the contact information below.)
Netherlands Chamber of Commerce Member Number: 11045182
VAT identification number: NL069890882B02
Postal address: P.O. Box 356, 8070 AJ Nunspeet, the Netherlands;
Telephone number: +31 6 30 25 00 05 (during normal office hours of 9am to 6pm CET);
Email address: [email protected]
Article 3 – Scope of application
- These Terms and Conditions apply to every offer of the company and any distance agreement or order between the company and the consumer.
- Before the distance agreement is concluded, the text of these Terms and Conditions will be made available to the consumer in such a way that it can be easily stored on a durable data carrier by the consumer. If this is not reasonably possible, then before the distance agreement is concluded, the company will indicate that they can be reviewed and, at the request of the consumer, will be sent free of charge.
- If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these Terms and Conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the Terms and Conditions by electronics means can be found and that they, at the consumer’s request by electronic means or otherwise, will be sent free of charge.
- In addition to these Terms and Conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer can, in the event of conflicting terms and conditions, always rely on the applicable provision that is most favourable to him.
- When one or more provisions of these conditions are voided in whole or in part, the agreement and the remainder of these Terms and Conditions and the relevant provision will be replaced by a provision that covers the original as much as possible.
- Situations that are not governed in these Terms and Conditions should be assessed ‘in the spirit’ of these Terms and Conditions.
- Lack and clarity with regard to the content or interpretation of one or more provisions of these Terms and Conditions must be interpreted ‘to the spirit’ of these Terms and Conditions.
Article 4 – The offer
o If an offer is subject to a limited duration or subject to conditions, this will be explicitly mentioned.
o The offer in the web shop is without obligation. The company is entitled to change and adapt the offer.
o The offer contains a complete and accurate description of the products/services offered. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the company uses illustrations, these are as true a reflection of the products/services offered as is digitally possible.
o All pictures, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
o Every offer will contain such information that it is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- the price including taxes;
- the (maximum) amount of any shipping costs;
- the way in which the contract shall be concluded and which actions this will require;
- whether or not the right of withdrawal applies;
- the arrangements for payment, delivery and performance of the contract or order;
- the deadline for accepting the offer, or the period within which the company guarantees the offered price;
- the rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic fee for the means of communication used;
- whether the agreement is filed subsequent to its conclusion, and if so how the consumer can consult it;
- the way in which the consumer can rectify the information provided under the agreement, before the conclusion of the agreement;
- other languages, besides English or Dutch, in which an agreement can be entered;
- minimum duration of the distance agreement of a duration transaction;
- available sizes, colours or materials.
Article 5 – Conclusion of agreement
- The agreement is subject to the provisions of paragraph 4 of this article, concluded at the time the consumer accepts the offer and complies with the corresponding conditions.
- If the consumer has accepted the offer electronically, the company confirms by electronic means receipt of the order without delay. As long as the order is not confirmed by the company, the consumer may rescind or cancel the agreement free of charge.
- If the agreement is concluded electronically, the company shall take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure Web environment. If the consumer can pay electronically, the company will take appropriate security measures.
- The company can – within statutory frameworks – inquire about the consumer's ability to fulfil his payment obligations, as well as facts and factors that are important for a responsible conclusion of the distance agreement. If the company, on the basis of this research, has good reason to not enter into the agreement, he is entitled to refuse an order or demand special conditions.
- The company will add to the product or service the following information, in writing or in such a way that the consumer can store it on an accessible durable medium:
5.a. the address of the place of business of the company;
5.b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
5.c. information on existing after-sales service and guarantees;
5.d. the conditions in article 4 paragraph 3 of these recorded data, unless the company has already provided the consumer with this data before the implementation of the contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or for an undetermined time.
- In the event of a duration transaction, the previous paragraph applies only to the first delivery.
- Any agreement or order is entered upon under the condition of sufficient availability of the products.
Article 6 – Right of withdrawal
Delivery of products:
- In the event of a purchase, a consumer has the possibility to dissolve the agreement for 14 days without giving any reason. This cooling-off period commences on the day following receipt of all products by the consumer or by a representative announced by the consumer.
- During the cooling-off period, the consumer shall handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will have the product, if reasonably possible in the original condition and packaging, returned to the company in accordance with the reasonable and clear instructions provided by the company.
- If the consumer wishes to use his right of withdrawal, he is obliged to make this known to the company within 14 days of receipt of all the products. The consumer can do this by means of the standard form. After the consumer expresses wanting to make use of his right of withdrawal, the consumer shall return the product within 14 days to the company. The consumer must prove that the products are returned in a timely manner, for example by means of a proof of mail delivery.
- If the consumer at the end of the statutory as stated in paragraphs 2 and 3 of this article has not expressed the wish to make use of his right of withdrawal or the product has not been returned to the company, the sale is final.
Delivery of services:
- When delivering services, the consumer can terminate the agreement without giving any reason within 14 days after concluding the agreement.
- To exercise his right of withdrawal, the consumer will inform the company in accordance with the reasonable and clear instructions provided by the company.
Article 7 - Costs in case of right of withdrawal
- If the consumer exercises his right of withdrawal, the costs of return are entirely for the account of the consumer.
- If the consumer has paid an amount, the company shall ensure that within 14 days after the consumer expressed wanting to make use of his right, the full amount is refunded to the consumer. The consumer must prove that the delivered goods have been returned, for example by means of a proof of mail delivery.
Article 8 – Exclusion of the right of withdrawal
- The company can exclude the right of withdrawal of the consumer as far as provided for in paragraphs 2 and 3 of this article. The exclusion of the right of withdrawal is valid only if the company states this clearly in the offer, and at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- That the company has established in accordance with the consumer’s specifications;
- That are clearly personal in nature;
- That cannot be returned due to their nature;
- That rapidly decay or become obsolete;
- The price of which is subject to fluctuations on the financial market on which the company has no influence;
- For individual newspapers and magazines;
- For audio and video recordings and computer software of which the consumer has broken the seal;
- Hygiene products that are sealed and of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- on accommodation, transport, restaurant or leisure that must be carried out on a certain date or during a given period;
- services which the delivery with the express consent of the consumer started before the cooling-off period has expired;
- betting and lotteries.
Article 9 – The price
- During the period mentioned in the offer, the prices of the offered products/services will not increase, except for prices changes due to changes in VAT rates.
- Contrary to the previous paragraph, the company can offer products whose prices are subject to fluctuations in the financial market beyond the company’s control, with variable prices. These fluctuations and the fact that any prices are variable will be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
- Prices increases from 3 months after the contract was concludes are only allowed if agreed upon beforehand with the company and:
- they are the result of statutory regulations or provisions; or
- the consumer has the power to terminate the contract on the day on which the prices increase takes effect.
- All prices mentioned are inclusive of VAT.
- All prices are subject to misprints. The company is not liable for misprints. In the case of misprints, the company is not obligated to deliver the product for the incorrect price.
Article 10 – Compliance and warranty
o The company guarantees that het products and/or services fulfil the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and, on the date of the conclusion of the agreement, existing legal provision and/or government regulations. If agreed, the company may state that the product is suitable for other than normal use.
o A warranty by the company, manufacturer or importer does not alter the legal rights and claims that the consumer can assert under the agreement with the company.
o Any defects or wrong products delivered must be reported in writing to the company with 5 days after delivery. Return of the products must be made, in as far as is reasonable, in the original condition and packaging.
o The warranty period of the company corresponds to any applicable manufacturer or factory guarantee period. The company is not responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
o The guarantee does not apply if:
- The delivered goods have been repaired and/or modified by third parties and/or the consumer;
- The delivered goods are exposed to unusual circumstances or otherwise treated carelessly or contrary to the instructions of the company and/or on the packaging.
- The inferiority in whole or in part is the result of rules that the government has invoked or will invoke regarding the nature or quality of the materials used.
Article 11 – Delivery and execution order
- The company will take the greatest possible care in the receiving and the execution and/or delivery of the orders and the services.
- The place of delivery is the address that the consumer has provided to the company.
- Accepted orders will be sent promptly but no later than 30 days after order receipt, unless the consumer has given permission that a longer delivery period is acceptable. If delivery is delayed, or if an order cannot be carried out, either fully or only partially, the consumer will receive a notification and has the right to terminate the contract without penalty.
- All delivery times are indicative. Exceeding a term gives consumers no right to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the company will refund the amount which the consumer has already paid as soon as possible but no later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, the company will attempt to provide a replacement product. The consumer will be notified of replacement, at the latest upon delivery. The consumer’s right of withdrawal does not diminish for replacement articles. The costs of return shipment in such cases shall be borne by the company.
- The risk of damage and/or loss of products rests upon the company up to the moment of delivery to the consumer, unless otherwise expressly agreed. Once the delivery obligation for the company is met, the consumer assumes responsibility for damages or losses.
Article 12 - Duration transactions: duration, cancellation and renewal
- If the consumer (or business customer) has entered into an agreement for an indefinite period, which extends to the regular delivery of products, he may terminate the agreement at any time under the applicable termination rules and at a maximum of one month's notice.
- The consumer who has entered into an agreement for a definite period, which extends to the regular delivery of products or services, can at any time until the end of the fixed period terminate the agreement under the applicable termination rules and at a notice of one month.
- The consumer can, for the agreements mentioned in the previous paragraphs:
- terminate and not be limited to cancellation at some time or in a given period;
- cancel at least in the same way as they are entered into by him;
- cancel to the same notice period as the company has stipulated for itself.
- The consumer who has entered into an agreement for a definite period, which extends to the regular delivery of products or services, may not be automatically extended or renewed for a definite period.
- Notwithstanding the previous paragraph, an agreement concluded for a definite period, which extends to the regular delivery of products or services, including daily, weekly or monthly magazines, may be subject to tacit renewal for definite periods of maximum three months, if the consumer has the possibility of cancelling the extended agreement at the end of the extension with a notice of one month.
- An agreement for a definite period, which extends to the regular delivery of products or services, may only be extended for an indefinite period if the consumer can cancel at any time with a notice of maximum one month, and a notice of maximum three months in cases where an agreement extends to the regular, but less often than once a month, delivery.
- An agreement for a definite period, which extends to delivery of a trial or introduction of magazines (trial or introductory subscription), will end automatically and will not be continued automatically after the trial or introductory period.
- Agreements with a duration of more than one year may be cancelled after one year, at any time and with a notice of maximum one month, unless the termination before the end of the agreed duration would be unreasonably unfair.
Article 13 - Payment
- In as far as not otherwise agreed upon, the amounts owed by the consumer must to be paid within 7 business days after the cooling-off period as stated in article 6 paragraph 1. In case of an agreement to provide a service, the amounts must be paid within 7 business days after the consumer has received confirmation of the agreement.
- The consumer has the duty to report inaccuracies in payment data provided or stated without delay to the company.
- In case of non-payment subject to statutory limitations, the company has the right to transfer to the consumer the reasonable costs of collection.
Article 14 – Complaints procedure
- The company has a clear complaints procedure and handles complaints by following that complaints procedure.
- Complaints about the performance under the agreement or of an order should be fully and clearly described and submitted to the company within 7 days after the consumer has discovered the discrepancies.
- Complaints are handled within 14 days from the date of receipt. If a complaint requires a longer processing time, the company will, within the period of 14 days, reply with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be solved in joint consultation, the dispute that arises is susceptible to the applicable dispute resolution.
- For complaints that cannot be solved in joint consultation, the consumer has the ability to contact Stichting WebwinkelKeur (www.webwinkelkeur.nl). Stichting WebwinkelKeur will mediate the dispute free of charge. If no solution could be reached through mediation, the consumer has the right to submit the complaint to Stichting GeschilOnline. The decision of Stichting GeschilOnline is binding. The consumer and company agree to this binding decision. The submission of a dispute for this arbitration is not free of charge. The consumer is required to pay the costs of the arbitration. Additionally, residents living in the EU may use the European Dispute resolution platform to submit a complaint in order to reach an out-of-court settlement. This platform is available through http://ec.europa.eu/odr but it is advisable to contact the Stichting WebwinkelKeur before taking such (serious) measures.
- A complaint does not suspend the company of her obligations, unless the company indicates otherwise in writing.
- If the consumer complaint is well-founded, the company retains the right to replace or repair the delivered products free of charge.
Article 15 - Disputes
- Dutch law shall apply exclusively to any dispute, agreements and orders, even if the consumer lives abroad.
- The Vienna Sales Convention shall not apply.
Article 16 – Additional or alternative terms
Any divergence or departure 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 in an accessible manner on a durable medium by the consumer.