Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may 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.
Long-term transaction: a distance contract concerning a series of products and/or services, where the obligation to deliver and/or purchase is spread over time.
Durable medium: any tool that enables the consumer or trader to store information addressed personally to them, in a way that makes future consultation and unchanged reproduction of the stored information possible.
Right of withdrawal: the consumer's option to withdraw from 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 within the framework of a system organized by the trader for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: a method that can be used to conclude a contract without the consumer and the trader being together in the same space at the same time.
Terms and Conditions: these general Terms and Conditions of the trader.

Article 2 – Identity of the Trader

Company name: C & L Commerce
Business name: Vivame
Business address: Wisselslag 9, 4826 GX Breda
Email: Info@vivame-unitedkingdom.com
Chamber of Commerce number: NL866866152B01
VAT identification number: 94706913

Article 3 – Scope of Application

These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

Before a 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 stated before the distance contract is concluded that the terms and conditions can be inspected at the trader's premises and that they will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon 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 in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or declared void, the remainder of the agreement and these terms and conditions shall remain in effect, and the affected provision shall be replaced without delay by mutual agreement with a provision that approximates the original as closely as possible.

Situations that are not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions must be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer is valid for a limited period or made subject to specific conditions, this will be explicitly stated in the offer.

The offer is non-binding. The trader reserves the right to modify or amend the offer.

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 make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.

All images and specifications included in the offer are indicative and cannot give rise to compensation or dissolution of the contract. Product images are a true representation of the offered products. However, the trader cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer includes sufficient information to make clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:

The price, excluding customs clearance fees and import VAT. These additional charges are the responsibility and risk of the customer. The postal or courier service will apply the special scheme for postal and courier services for import into the EU country of destination, which applies in this case. The postal or courier service collects the VAT (possibly together with clearance fees) from the recipient of the goods.
Any applicable shipping costs.
The manner in which the contract will be concluded and the steps necessary to do so.
Whether or not the right of withdrawal applies.
The method of payment, delivery, and execution of the contract.
The period during which the offer may be accepted, or the period during which the trader guarantees the price.
The cost of distance communication if it is calculated on a basis other 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 accessed by the consumer.
The way in which the consumer, before concluding the contract, can check and, if necessary, correct the information provided in connection with the agreement.
The languages in which, besides Dutch, the contract may be concluded.
The codes of conduct to which the trader has subscribed and how the consumer can access these codes of conduct electronically.
The minimum duration of the distance contract in the case of a long-term 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 associated conditions.

If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.

Within legal boundaries, the trader may obtain information about whether the consumer can meet their payment obligations, as well as any other facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to its execution.

The trader shall provide the consumer, with the product or service and in writing or in a way that allows the consumer to store the information on a durable medium, with the following information:

The business address of the trader’s establishment where the consumer can lodge complaints.
The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded.
Information about warranties and existing after-sales service.
The details included in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract.
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provisions of the previous paragraph apply only to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without stating any reason within a period of 14 days. This reflection period starts on the day after the consumer, or a third party designated by the consumer and known to the trader, has received the product.

During the reflection period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the right of withdrawal, they shall return the product, including all delivered accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they are required to notify the trader within 14 days after receiving the product. This notification must be made in writing, for example via email. After informing the trader, the consumer must return the product within 14 days. The consumer must be able to prove that the product was returned in time, for instance by providing a proof of shipment.

If the consumer has not indicated their intention to use the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or if the product has not been returned to the trader within this period, the purchase becomes final.

Article 7 – Costs in the Event of Withdrawal

If the consumer makes use of the right of withdrawal, the costs for returning the products shall be borne by the consumer.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is on the condition that the product has already been received back by the online retailer, or that conclusive 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 good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

That have been created by the trader in accordance with the consumer’s specifications.
That are clearly personal in nature.
That, by their nature, cannot be returned.
That can spoil or age rapidly.
Whose price is dependent on fluctuations in the financial market over which the trader has no influence.
That consist of individual newspapers or magazines.
That are audio or video recordings or computer software, of which the consumer has broken the seal.
That are hygienic products, of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

Relating to accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period.
Where the delivery has begun with the explicit consent of the consumer before the reflection period has expired.
Relating to bets and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

They result from statutory regulations or provisions; or
The consumer has the right to terminate the agreement as of the day on which the price increase takes effect.

The place of delivery, pursuant to Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, is the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge the customer import VAT and/or clearance fees. Therefore, the trader will not charge VAT.

All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the erroneous price.

Article 10 – Conformity and Warranty

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

A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Returned products must be sent back in their original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never 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.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions, have otherwise been handled carelessly, or have been used contrary to the instructions of the trader and/or those on the packaging.
The defect is wholly or partly the result of regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The trader shall exercise the utmost care when receiving and executing orders for products.

The place of delivery shall be the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these terms and conditions, the company shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled in whole or in part, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without cost and is entitled to any applicable compensation.

In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the trader shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the trader.

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

Article 12 – Long-Term Agreements: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period, which 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.

The consumer may terminate a fixed-term agreement, which provides for the regular delivery of products (including electricity) or services, at any time at the end of the fixed duration, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may:

Terminate the agreements referred to in the previous paragraphs at any time, without being restricted to termination at a specific time or in a specific period.
Terminate at least in the same manner as the agreement was entered into.
Always terminate with the same notice period as that stipulated by the trader for themselves.

Renewal

A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement provides for the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.

Duration

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 prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period shall begin after the consumer has received confirmation of the agreement.

The consumer has the obligation to promptly inform the trader of any inaccuracies in the provided or stated payment details.

In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the trader within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.

If a complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader shall, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the trader and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.

Article 16 – CESOP

Due to the measures introduced and reinforced from 2024 in connection with the Act to amend the Turnover Tax Act 1968 (Act for the implementation of the Payment Services Directive), and thereby the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record data in the European CESOP system.