Terms and Conditions
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
“Cooling-off period”: the period during which the consumer may exercise the right of withdrawal;
“Consumer”: a natural person who is not acting for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;
“Day”: calendar day;
“Continuing performance contract”: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a longer period of time;
“Durable data carrier”: any tool—including email—that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
“Right of withdrawal”: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
“Entrepreneur”: the natural or legal person who offers products and/or services to consumers at a distance;
“Distance contract”: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusive or joint use is made of one or more means of distance communication;
“Means of distance communication”: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place;
“Terms and Conditions”: these Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Company name: Vorela
Chamber of Commerce number: 96151757
Trade name: MRM Supplies
VAT identification number: NL005190823B97
Customer service email address: contact.vorela@gmail.com
Article 3 – Applicability
These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the Terms and Conditions can be inspected and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, then—contrary to the previous paragraph—and before the distance contract is concluded, the text of these Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier.
In the event that specific product or service conditions apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.
If any provision of these Terms and Conditions is wholly or partially void or invalidated at any time, the agreement and these Terms and Conditions will otherwise remain in force, and the relevant provision will be replaced by mutual agreement with a provision that most closely approximates the intent of the original provision.
Any ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions shall be interpreted in the spirit of these Terms and Conditions.
Situations not covered by these Terms and Conditions shall be assessed in the spirit of these Terms and Conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated.
The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered.
Images are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer clearly states the rights and obligations associated with acceptance of the offer, including but not limited to:
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The price, excluding any import duties and VAT (these costs are borne by the customer);
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Any shipping costs;
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The manner in which the agreement is concluded and the steps required for this;
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Whether the right of withdrawal applies;
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The method of payment, delivery, and performance of the agreement;
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The period for acceptance of the offer;
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Whether the agreement will be archived and, if so, how it can be accessed;
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The way in which the consumer can review and, if necessary, correct the data provided before concluding the agreement;
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Any other languages in which the agreement may be concluded;
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The codes of conduct to which the entrepreneur has subscribed;
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The minimum duration of a distance contract in the case of a continuing performance contract;
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Optional: available sizes, colors, and material types.
Article 5 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and fulfills the stated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt electronically.
In the case of electronic conclusion of the agreement, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data.
Within the legal framework, the entrepreneur may verify whether the consumer can meet their payment obligations and whether there are facts relevant to entering into the agreement. On justified grounds, the entrepreneur may refuse an order or impose special conditions.
Upon delivery, the entrepreneur will provide the following information:
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The business address of the entrepreneur;
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The conditions for exercising the right of withdrawal or a statement of its exclusion;
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Information about after-sales service and warranties;
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The information referred to in Article 4, paragraph 3;
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For long-term contracts: the conditions for termination.
In the case of a continuing performance contract, the above applies only to the first delivery.
The agreement is concluded subject to sufficient availability of products.
Article 6 – Right of Withdrawal
For most products and services, the consumer has the right to withdraw from the agreement without giving reasons during a cooling-off period of at least 14 days.
The cooling-off period begins on the day after the consumer receives the product, or in the case of services, on the day the agreement is concluded.
To exercise the right of withdrawal, the consumer must inform the entrepreneur within the cooling-off period of their decision to withdraw from the agreement, for example by means of a clear written statement (by letter, email, or via a model withdrawal form).
The consumer may use the model withdrawal form provided by the entrepreneur, but this is not mandatory.
Upon withdrawal, all received products and/or services must be returned or undone as soon as possible and no later than 14 days after withdrawal.
The costs of return shipment are borne by the consumer, unless otherwise agreed.
The entrepreneur will refund the amount already paid, including any standard shipping costs, within 14 days after withdrawal.
Exceptions to the right of withdrawal may apply to products that deteriorate quickly, custom-made products, sealed products that cannot be returned for health or hygiene reasons once unsealed, digital content that has already been downloaded, and similar items. These exceptions will be clearly stated by the entrepreneur in the offer.
Article 7 – Exclusion of the Right of Withdrawal
The right of withdrawal is excluded for:
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Products manufactured according to the consumer’s specifications;
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Products that deteriorate quickly or have a limited shelf life;
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Sealed products that cannot be returned for health or hygiene reasons if the seal has been broken;
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Digital content not supplied on a tangible medium where performance has begun with the consumer’s consent;
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Newspapers, magazines, and similar publications;
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Accommodation, transport, catering, and other services provided on a specific date or during a specific period.
If the right of withdrawal is excluded, this will be clearly communicated to the consumer in advance.
Article 8 – The Price
All prices stated include VAT, unless stated otherwise.
Prices are subject to change. If it appears after the conclusion of the agreement that the price has changed, the entrepreneur has the right to dissolve the agreement unless the consumer agrees to the price change.
Any additional costs, such as shipping costs, will be clearly stated.
For subscriptions or long-term contracts, the price and duration of the subscription will be clearly stated.
Article 9 – Conformity and Warranty
The entrepreneur guarantees that the product and/or service delivered complies with the agreement, the reasonable expectations of the consumer, and applicable legal provisions.
If the product does not comply with the agreement, the consumer is entitled to demand that the entrepreneur repair or replace the product free of charge, unless this is impossible or entails disproportionate costs.
A warranty does not affect the consumer’s statutory rights under conformity requirements.
The warranty period will be clearly stated.
Complaints about defects must be reported to the entrepreneur within a reasonable time after discovery.
Article 10 – Delivery and Performance
The entrepreneur will perform the agreement to the best of their knowledge and ability and in accordance with the requirements of professional diligence.
The entrepreneur is obliged to deliver the ordered products within the agreed period or, failing that, within 30 days after the conclusion of the agreement.
If delivery is delayed, the consumer will be informed in a timely manner and given the option to dissolve the agreement free of charge.
The risk of loss or damage to the product passes to the consumer at the time of delivery, unless otherwise agreed.
If the consumer fails to accept delivery of the product, they are liable for any costs and damages incurred by the entrepreneur as a result.
Article 11 – Complaints Procedure
The entrepreneur has an adequate and publicly available complaints procedure.
Complaints regarding the performance of the agreement must be submitted to the entrepreneur in writing within a reasonable time after the consumer has discovered the defect.
The entrepreneur will confirm receipt of the complaint within 14 days and will provide a substantive response as soon as possible, but no later than 30 days.
If a complaint cannot be resolved to the consumer’s satisfaction, the consumer may submit the dispute to an external dispute resolution committee, if the entrepreneur is affiliated with one, or take the matter to court.
Article 12 – Disputes
Agreements to which these Terms and Conditions apply are governed exclusively by Dutch law.
Disputes between the consumer and the entrepreneur will be submitted to the competent court in the Netherlands, unless the parties agree otherwise.
The consumer also has the option to submit disputes to a recognized dispute resolution committee.
Article 13 – Force Majeure
The entrepreneur is not obliged to fulfill any obligation towards the consumer if prevented from doing so due to force majeure.
Force majeure means all external causes, foreseen or unforeseen, beyond the entrepreneur’s control, which prevent or reasonably make impossible the fulfillment of the agreement in whole or in part.
Article 14 – Additional or Deviating Provisions
Additional or deviating provisions from these Terms and Conditions may only be agreed upon if recorded in writing.
If one or more provisions of these Terms and Conditions are void or invalidated, the remaining provisions will remain fully in force.
Article 15 – Final Provisions
These Terms and Conditions are filed with the Chamber of Commerce and can be provided to the consumer free of charge upon request.
The entrepreneur reserves the right to amend these Terms and Conditions. Amendments will not apply to the detriment of agreements already concluded.