Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off Period: the period within which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader.
Day: calendar day.
Duration Transaction: a distance contract related to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable Medium: any means that allows the consumer or trader to store information personally addressed to them in such a way that future consultation and unchanged reproduction of the stored information is possible.
Right of Withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period.
Trader: the natural or legal person who offers products and/or services to consumers at a distance.
Distance Contract: a contract concluded in the context of a sales system organized by the trader for the distance sale of products and/or services, whereby up to and including the conclusion of the contract only one or more techniques for distance communication are used.
Technique for Distance Communication: a means that can be used to conclude a contract without the consumer and trader being simultaneously in the same space.
General Terms and Conditions: the present General Terms and Conditions of the trader.
Article 2 – Identity of the Trader
Name: Virova London
Customer Service Email: Info@virovalondon.com
Article 3 – Applicability
These general terms and conditions apply to any offer made by the trader and to any distance contract and orders concluded between the trader and the consumer.
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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the trader's location and that they will be sent to the consumer free of charge at their request as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions can, in deviation from the previous sentence and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge at their request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or declared void, the remaining provisions of the contract and these terms and conditions shall remain in force, and the relevant provision shall be replaced by a provision that most closely reflects the original intent.
Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed to allow the consumer to make a good assessment of the offer. If the trader uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the trader.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a truthful representation of the offered products. The trader cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:
The price, excluding clearance costs and import VAT. These additional costs will be the responsibility and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services regarding imports to the EU destination country, which is the case here. The postal and/or courier service will collect VAT (possibly together with the charged clearance costs) from the recipient of the goods.
Any shipping costs.
The manner in which the contract will be concluded and what actions are required for this.
Whether or not the right of withdrawal applies.
The method of payment, delivery, and execution of the contract.
The period for accepting the offer, or the period within which the trader guarantees the price.
The height of the rate for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular basic rate for the communication method used.
Whether the contract will be archived after conclusion, and if so, how it can be consulted by the consumer.
How the consumer can check and if desired rectify the data provided by them in the context of the contract before concluding the contract.
Any other languages in which, besides Dutch, the contract can be concluded.
The codes of conduct to which the trader has submitted and how the consumer can consult these codes of conduct electronically.
The minimum duration of the distance contract in the case of a duration transaction.
(Optional: available sizes, colors, types of materials.)
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set for it.
If the consumer has accepted the offer electronically, the trader will confirm the receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
The trader may – within legal frameworks – investigate whether the consumer can meet their payment obligations and all facts and factors that are important for a responsible conclusion of the distance contract. If the trader has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse an order or request motivated or to attach special conditions to the execution.
The trader shall send the consumer the following information with the product or service, either in writing or in such a way that it can be easily stored on a durable medium:
1. The visiting address of the trader's establishment where the consumer can address complaints;
2. The conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. Information about guarantees and existing after-sales service;
4. The data included in Article 4, paragraph 3 of these terms, unless the trader has already provided this data to the consumer before the execution of the agreement;
5. The requirements for terminating the agreement if the agreement lasts more than one year or for an indefinite period.
6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts on the day after the consumer receives the product or a representative designated by the consumer and known to the trader.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they wish to exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days of receiving the product. This notification must be made by means of a written message/email. After the consumer has notified that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time to the point of origin, for example by means of proof of shipment.
If the customer has not notified the trader of their intention to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the trader, the purchase becomes definitive.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products shall be borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been received back by the online store or proof of complete return shipment can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer or at least in time for the conclusion of the contract.
The right of withdrawal is excluded for:
1. Products manufactured according to the consumer's specifications, such as personalized products;
2. Products that cannot be returned for reasons of hygiene or health protection, such as swimwear;
3. Products that have been used and cannot be returned for hygiene reasons;
4. Audio and video recordings and computer software of which the consumer has broken the seal.
Article 9 – The Price
The prices stated in the offer of products or services include VAT and any other government-imposed charges unless stated otherwise. Prices may vary and the trader retains the right to adjust prices if necessary.
The prices do not include possible delivery costs unless otherwise stated.
The trader has the right to change prices if the product is out of stock, or if there is a price change from suppliers.
Price increases within three months after concluding the agreement are only permitted if they are the result of legal regulations.
In case of price increases after three months following the conclusion of the agreement, the consumer has the right to dissolve the agreement.
Article 10 – Conformity and Warranty
The trader guarantees that the products comply with the agreement, the specifications mentioned in the offer, and the reasonable requirements of usability and/or durability.
The consumer must notify the trader of any defects in the delivered products within 14 days after delivery. Complaints can be reported by email to .....
Article 11 – Delivery and Execution
The trader will take the utmost care when receiving and executing orders of products.
Delivery will take place within 30 days, unless otherwise agreed. If delivery is delayed, the consumer will be notified.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and known to the trader, unless otherwise agreed.
Article 12 – Duration Transactions: Duration, Termination, and Renewal
The consumer may terminate a contract for an indefinite period of time at any time, subject to a notice period of up to one month.
A contract for a fixed period may not be extended without the consumer's express consent.
Article 13 – Payment
The consumer must pay the amount due within 7 days after the order is confirmed unless otherwise agreed.
If the consumer fails to pay, the trader retains the right to charge reasonable costs.
Article 14 – Complaints Procedure
The trader has a complaints procedure and will handle complaints in accordance with this procedure.
Complaints about the implementation of the agreement must be made to the trader within a reasonable time after the consumer has discovered the defects.
Article 15 – Disputes
On agreements between the trader and the consumer, only English law applies.