General terms and conditions of business

 General Terms and Conditions www.VIKLIV.de

1. Definition and scope of application

1.1 In the General Terms and Conditions, the following terms have the following meanings:

1. Offer: the products offered by the intermediary 
2. Intermediary: Vikliv
3. Order: the product ordered by the buyer for which a contract has been concluded;
4. Reflection period: the period within which the consumer can exercise their right of withdrawal;
5. Consumer: the natural person who does not act commercially or on behalf of a business and concludes a distance contract with an intermediary;
6. Dropshipping: The buyer places an order via the website, whereby the intermediary receives the order and the authority to act as an intermediary and thus not at the cost and risk of the intermediary concludes an agreement on one or more products between the buyer and the supplier, with payment made through the intermediary under the agreement and the supplier delivering the product directly to the buyer;
7. Form: the withdrawal form provided by the provider that a consumer can fill out if they wish to exercise their right of withdrawal, as specified in the annex to the terms;
8. Right of withdrawal: the consumer's ability to withdraw from the contract within the reflection period;
9. Buyer: the person with whom a contract is concluded on behalf of the supplier;
10. Supplier: the supplier of a product;
11. Agreement: an agreement to be concluded or concluded between the buyer and the supplier through an intermediary regarding the purchase of products, where only one or more remote communication techniques are used to conclude the agreement; 
12. Product: a good offered by the provider via the website through dropshipping;
13. In writing: any digital communication using characters that can be stored on a durable data carrier and for which the intermediary can determine the method to be used; 
14. General Terms and Conditions: The general terms and conditions are determined by www.vikliv.de, which acts as an intermediary.

1.2 The terms apply to every offer of an intermediary, every order, and every agreement, including supplements or amendments thereto, as well as to subsequent agreements. 

1.3 The scope of general or (purchase) conditions of the buyer of the intermediary is expressly rejected.

1.4 Articles 11.5, 11.6, 12, 13, and 14 of the General Terms and Conditions apply only to consumers. 

1.5 Should one or more provisions of the terms be wholly or partially invalid at any time, the agreement and these terms shall otherwise remain in effect, and the respective provision shall be replaced immediately by a provision that, by mutual agreement, comes as close as possible to the meaning and purpose of the original provision.

2. Dropshipping 

2.1 The provider's information is listed on the website.

2.2 If the supplier is not based in Europe, the ordered product will be registered in the name of the buyer. All additional costs, such as VAT, customs clearance fees, and other government charges, are borne by the buyer. 

2.3 The prices stated in the offer are exclusive of VAT and other government charges as well as exclusive of shipping and any transport and packaging costs, unless expressly stated otherwise. 

2.4 Payment for the order is processed through an intermediary, with the intermediary paying the supplier on behalf of the buyer. 

2.5 The difference in amount between the amount paid by the buyer for the order and the amount paid by the intermediary to the supplier is to be considered as compensation for the services provided by the intermediary.

3. Offer

3.1 Each offer from an intermediary has a limited validity period, i.e., until the time when a product is no longer in stock or available from the supplier ("discontinued") or can no longer be ordered via the website. 

3.2 If an offer is made under certain conditions, this will be explicitly stated in the offer.

3.3 Each offer is non-binding. The intermediary is entitled to change the offer at any time. 

3.4 Each offer includes a complete and as accurate as possible description of the products to enable a correct assessment by the buyer. Images of products are a faithful representation of a product. The intermediary cannot guarantee that the colors shown exactly match the real colors of a product. When the buyer places an order, they were able to assess the product, the image, and the product description in accordance with the above.

3.5 All images and descriptions of a product are indicative and cannot be grounds for compensation or contract termination in case of inaccuracies and/or deviations, unless they concern deviations from the essential product features to such an extent that it is actually a different product than the one the buyer intended to order.

3.6 Any offer which the buyer could reasonably have expected or should have understood to contain an obvious typographical error or an obvious mistake does not have to be honored by the intermediary. The buyer cannot derive any rights from such an error or mistake.

4. Agreement

4.1 Subject to the provisions of Article 4.5, a contract is concluded at the time the offer is accepted and the order is placed by the buyer in compliance with the specified conditions.

4.2 The agreement is concluded in Dutch, unless the intermediary offers the terms and further communication in another language on the website. In the latter case, a contract may also be concluded in a language chosen by the buyer, and the buyer may communicate with the intermediary in that language. 

4.3 If the buyer accepts the offer electronically, the intermediary immediately confirms receipt of the acceptance electronically, thereby concluding the contract. As long as the receipt of acceptance has not been confirmed by the intermediary, the buyer may cancel the contract.

4.4 The intermediary takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure environment. The intermediary will take reasonable security measures if the buyer is able to pay electronically.

4.5 The intermediary may inquire whether the buyer can meet their payment obligations, as well as about anything that may be relevant for the responsible conclusion of the contract. If the intermediary has good reasons not to conclude the contract, they are entitled to refuse acceptance or the order or to link the execution to special conditions.

4.6 The buyer ensures that all information which the intermediary indicates as necessary or which the buyer should reasonably understand to be necessary for the execution of the contract is provided to the intermediary in a timely manner. If such information is not provided to the intermediary in time, the intermediary has the right to suspend the fulfillment of the contract and/or charge the buyer for the additional costs incurred due to the delay according to the intermediary's usual rates.

4.7 The intermediary is not liable for any damages arising from relying on incorrect and/or incomplete information provided by the buyer, unless the intermediary was aware of this incorrectness or incompleteness.

5. Price

5.1 The prices stated in the offer are based on the cost factors applicable at the time the contract is concluded, such as import and export duties, freight and unloading costs, insurance, and any levies and taxes. All advantageous and disadvantageous differences at the time of arrival, departure, or delivery benefit or burden the buyer accordingly.

5.2 The offer prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the intermediary is not obliged to deliver the product at the incorrect price. 

5.3 A composite offer does not oblige the intermediary to deliver part of the goods included in the offer or quotation at a corresponding part of the stated price.

6. Conformity and Warranty

6.1 Subject to the relevant provisions in the General Terms and Conditions, the products comply with the contract, the specifications stated in the offer, the reasonable requirements for reliability and/or usability, and the legal provisions and regulations in force on the day the contract is concluded. 

6.2 The intermediary points out that certain products have a limited minimum shelf life, which is indicated on the respective product. The buyer must take this shelf life into account to ensure the quality and safety of the product according to the supplier's warranty.

6.3 Any defects or incorrectly delivered products must be reported to the intermediary in writing within four (4) weeks of delivery. The products must be returned in their original packaging and unused condition.

6.4 The intermediary's warranty period corresponds to the manufacturer's warranty period. However, the intermediary is never responsible for the ultimate suitability of the products for an individual application by the buyer, nor for any advice regarding the use or application of the products.

6.5 In the event of a warranty claim, the intermediary will, at their discretion, provide replacement or repair. In the case of a replacement, the buyer agrees to return the replaced item to the intermediary.

6.6 The warranty does not apply if:

1. the buyer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
2. the delivered products were exposed to abnormal conditions or otherwise handled negligently or contrary to the intermediary's instructions and/or handled on the packaging.
3. the defect is wholly or partly due to regulations issued or to be issued by the government regarding the type or quality of the materials used. 

7. Delivery and execution

 

7.1 The intermediary will process product orders with the utmost care.

7.2 The place of delivery is the address that the buyer has provided to the intermediary when placing the order.

7.3 The intermediary will promptly forward and execute accepted orders. 

7.4 All delivery times are indicative. For deliveries of products from a country other than the Netherlands, delivery times may be longer than those stated on the website. This period depends on the supplier's delivery time. The buyer cannot derive any rights from any of the mentioned periods. 

7.5 If an order cannot be executed or can only be executed partially, the buyer will be informed within 30 days after the order. 

7.6 The intermediary is entitled to deliver the goods in parts, unless this deviates from the agreement or the partial delivery has no independent value. The intermediary is entitled to invoice the goods delivered in this way separately. Exceeding a deadline does not entitle the buyer to compensation. 

7.7 The delivery times stated on the website are only indicative.

7.8 If the specified delivery time is exceeded, the buyer has no right to terminate the contract or claim compensation, unless expressly agreed otherwise.

7.9 In the event of termination in accordance with the provisions of paragraph 3 of this article, the intermediary will refund the amount paid by the buyer as soon as possible, but no later than 14 days after termination.

7.10 If the delivery of an ordered product proves impossible, the intermediary will make every effort to provide a replacement item. At the latest upon delivery, a clear and understandable notification will be made that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a return shipment are borne by the intermediary.

7.11 The risk of damage and/or loss of products lies with the intermediary until the time of delivery to the buyer or a representative appointed in advance and notified to the intermediary, unless expressly agreed otherwise. Acceptance of goods without remarks on the consignment note/invoice is considered proof that the packaging was in good condition at the time of delivery.

8. Payment

8.1 Unless otherwise agreed, the amounts owed by the buyer under the agreement must be paid immediately after ordering. 

8.2 The buyer is obliged to report any inaccuracies in the specified payment details to the intermediary immediately.

8.3 If the buyer does not fulfill their payment obligation(s) on time, they owe the statutory interest on the outstanding amount, and if the buyer is not a consumer, they owe the statutory commercial interest, and the intermediary is entitled to charge the out-of-court collection costs incurred by the representative or on their behalf. The collection costs are calculated in accordance with the law and the regulation on compensation for out-of-court collection costs. 

9. Provisions regarding the website and products

9.1 The intermediary is not responsible for errors and/or irregularities in the functionality of the website. The intermediary is not liable for malfunctions or unavailability of the website for any reason.

9.2 The intermediary neither guarantees the correct and complete transmission of the content of emails or other digital communications sent by/on behalf of the intermediary nor their timely receipt.

9.3 All claims of the buyer due to defects on the part of the intermediary expire if they are not communicated to the intermediary in writing within one (1) year after the buyer knew or reasonably could have known the defects on which they base their claims.

9.4 The intermediary expressly disclaims all liability and claims from buyers and third parties who have suffered (physical) damage due to careless, incorrect, or unnecessary use of the products. The products may only be used in accordance with the instructions for use. 

9.5 The intermediary recommends that the buyer always read the operating instructions before use and act accordingly. The products must be stored and used in accordance with the instructions for use.

9.6 All advice on the use of products is general and non-binding. The buyer must assess for themselves and at their own responsibility whether a product is suitable for them. In case of doubt about the use of a product, the supplier or the buyer's (family) doctor should be contacted to obtain an assessment for use in a specific case.

9.7 Certain products, such as products containing small parts, products for external care, and electrical appliances, should be kept out of the reach of young children. 

9.8 The intermediary always advises the buyer, especially during pregnancy, breastfeeding, medication intake, and in case of doubt about hypersensitivity to any of the ingredients, to consult an expert before using products such as cosmetic care products, after reading the instructions for use.

10. Force Majeure

10.1 The intermediary is not liable to the buyer if obligations under the contract cannot be fulfilled due to force majeure. Force majeure is understood in any case as: 

1. force majeure on the part of the supplier; 
2. government measures and restrictions;
3. power outage;
4. interruption of the internet, data network, and telecommunications facilities, e.g., due to cybercrime and hacking;
5. natural disasters;
6. war and terrorist attacks;
7. general transport problems and restrictions; 
8. Supplier or representative strikes; and 
9. other situations beyond the intermediary's control that temporarily or permanently prevent compliance with obligations.

10.2 During the period in which the force majeure continues, the obligations under the agreement are suspended. If this period lasts longer than two months, either party is entitled to terminate the agreement without any obligation to pay damages to the other party or the intermediary.

10.3 To the extent that the contractor has already partially fulfilled its obligations under the contract or can fulfill them at the time of force majeure, and the fulfilled or to be fulfilled part has an independent value, the contractor is entitled to invoice the already fulfilled or to be fulfilled part separately. The buyer is obliged to settle this invoice as if it were a separate agreement.

11. Privacy Policy

11.1 The (personal) data of the buyer will be entered into a database. This data is primarily used for the execution of the agreement. Upon request, the intermediary may send information about its products, such as newsletters and offers, to the buyer. The buyer may object at any time to the use of personal data for direct marketing purposes and/or the (further) receipt of (certain) marketing information by sending an objection to the intermediary. 

11.2 The buyer agrees to the use of electronic means of communication. The buyer acknowledges that despite all reasonable security measures taken by the intermediary, electronic communication is not secure and can be intercepted, manipulated, infected, delayed, or misdirected, including by viruses and spam filters. Likewise, an intermediary cannot provide absolute security against unauthorized consultation.

11.3 The intermediary takes appropriate measures to ensure the confidentiality and secure storage of (personal) data.

11.4 As part of contract fulfillment, (personal) data may also be transferred to countries outside the European Union, e.g., to a supplier in China, since otherwise the contract between buyer and supplier cannot be executed and the delivery of the order to the buyer by the supplier cannot take place. However, the intermediary will provide contractual guarantees in this regard. 

11.5 The buyer, who is a consumer, has the right to request the contractor in writing to grant access to the personal data processed by the contractor and/or (if applicable) to correct, supplement, remove, or block this data. A request for access and/or correction must be addressed to the management of the intermediary. Upon the buyer's first request, the registered personal data will be provided, corrected, or removed. 

11.6 The personal data of the buyer, who is a consumer, will not be passed on to third parties unless the intermediary is obliged to do so by or under applicable laws and regulations or it is necessary for the execution of the contract.

12. Consumer

12.1 Before a contract is concluded with a consumer, the text of the terms and conditions will be made available to the consumer (electronically) in such a way that the consumer can easily store it on another durable medium. If this is not reasonably possible, before concluding the contract, it will be indicated where and how the terms and conditions can be viewed electronically and that the terms and conditions can be sent electronically or otherwise free of charge at the consumer's request.

12.2 For the benefit of the consumer, the intermediary will provide the following information on the website or at least ensure that this information can be accessed and stored on a durable medium:

1. the conditions under which and in what way the consumer can file a complaint;
2. the conditions under which and in what way the consumer can exercise their right of withdrawal, or a clear statement that they are excluded from the right of withdrawal;
3. the information about warranty and customer service; and
4. the form.

12.3 For the exercise of all legal rights that the consumer has against the provider, the consumer may contact an intermediary, provided this is in accordance with the terms and conditions.

12.4 A warranty provided by the intermediary or supplier or on their behalf does not affect the consumer's statutory rights under the contract against the intermediary.

12.5 In the case of applying Article 7.5, the buyer who is a consumer has the right to cancel the contract free of charge regarding products that are not or not deliverable within a reasonable period. 

12.6 The authorized representative may deviate from the collection costs to be charged to the consumer under Article 8.3.

13. Right of withdrawal

13.1 When purchasing products, the buyer who is a consumer has the option to cancel the contract without giving reasons within 14 days. This reflection period begins the day after the consumer or a previously designated representative, communicated to the intermediary, receives the product.

13.2 During the reflection period, the consumer must handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they want to keep it. If they exercise their right of withdrawal, the consumer will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging according to the intermediary's reasonable instructions.

13.3 If the consumer wishes to exercise their right of withdrawal, they must notify the intermediary within 14 days of receiving the product using the form. After the consumer has indicated their intention to exercise the right of withdrawal, they must return the product to the intermediary or supplier within 14 days. The consumer must provide proof that the delivered products were returned within the deadline. 

13.4 If the consumer has not communicated within the periods specified in Articles 13.2 and 13.3 that they wish to exercise their right of withdrawal, or if they have not returned the product to the intermediary, the purchase is considered final. 

13.5 The following products are excluded from the right of withdrawal: 

1. a) Products that are clearly of a personal nature;
2. b) Products that cannot be returned due to their nature;
3. c) Products that can spoil or age quickly;
4. d) Products whose price is subject to fluctuations on the financial market and over which the intermediary has no influence;
5. e) Audio and video recordings and computer software whose seal has been broken after delivery
6. f) Sealed products that are sealed for health protection or
7. g) Hygiene items not suitable for return and whose seal has been broken after delivery; and
8. h) Products manufactured according to the consumer's specifications upon request.
9. Costs of withdrawal 

14.1 If a consumer exercises their right of withdrawal, they must bear the costs of returning the goods.

14.2 If a consumer has paid an amount, the intermediary will refund this amount to the consumer as soon as possible, but no later than 14 days after receipt of the withdrawal. Refunds will be made using the same payment method used for the purchase, unless the consumer expressly agrees to another payment method and the intermediary accepts this method. A prerequisite for a refund is that the product has already been received by the intermediary or supplier or conclusive proof of full return is provided.

14.3 In case of damage to the product due to careless handling by the consumer, the consumer is liable for a reduction in the product's value.

15. Complaints and disputes

15.1 If the buyer has a complaint, the buyer must notify the intermediary in writing. 

15.2 A complaint does not suspend the obligations of the buyer or the intermediary, unless the intermediary states otherwise in writing.

15.3 A complaint about the execution of the agreement must be submitted in writing with reasons within seven (7) days after the buyer has discovered the defects. 

15.4 A complaint must be answered within 14 days from the date of receipt by an authorized representative. If a complaint requires a foreseeably longer processing time, the complainant will be informed within 14 days and advised of the deadline within which the complaint will be processed. 

15.5 The intermediary has at least four (4) weeks at any time to resolve a complaint by mutual agreement. After this period, the complaint shall be considered a dispute within the meaning of Article 15.8.

15.6 If the intermediary declares a complaint justified, they will, at their discretion, replace or repair the delivered products free of charge. If a complaint cannot be resolved by mutual agreement, the complaint shall be considered a dispute within the meaning of Article 15.8.

15.7 If the complainant is a consumer, they may also contact a dispute resolution body via the European ODR platform (https://ec.europa.eu/consumers/odr/).

15.8 All disputes arising from or in connection with the contract or to which the terms apply shall be governed exclusively by Dutch law and shall be subject exclusively to the jurisdiction of the [JURIDISCH GEBIED] court, regardless of the buyer's or a third party's residence, unless mandatory legal provisions lead to the jurisdiction of another court.

15.9 The applicability of the Vienna Sales Convention is excluded

 

Attachment: Withdrawal form (for consumers only)

 

 

Contact information:
www.Vikliv.de is a division of Venema Webshops B.V.

Contact: Info@vikliv.de

Address: Wolgastraat 17 Assen, Nederland

Customer service: Monday to Friday: 9:00 AM - 5:00 PM
We do our best to respond to your email within 1-2 business days.
Thank you for your purchase at Vikliv.de