General terms and conditions of business
General Terms and Conditions www.VIKLIV.de
- Definition and scope
1.1 In the General Terms and Conditions, the following terms have the following meanings:
- Offer: the products offered by the intermediary
- Agent: Vikliv
- Order: the product ordered by the Buyer for which a contract has been concluded;
- Cooling-off period: the period within which the consumer may exercise his right of withdrawal;
- Consumer: a natural person who is not acting on behalf of a business or company and who concludes a distance contract with an intermediary;
- Dropshipping: The buyer places an order via the website, whereby the intermediary is authorized and empowered to conclude an agreement for one or more products between the buyer and the supplier as an intermediary and therefore not at the intermediary's expense and risk, whereby payment under the agreement is made through the intermediary and the supplier delivers the product directly to the buyer;
- Form: the withdrawal form made available by the trader, which a consumer may complete when exercising his right of withdrawal, as set out in the Annex to the Terms and Conditions;
- Right of withdrawal: the possibility for the consumer to withdraw from the contract within the cooling-off period;
- Buyer: the person with whom a contract is concluded on behalf of the Supplier;
- Supplier: the supplier of a product;
- Agreement: an agreement for the purchase of products concluded or to be concluded between the Buyer and the Supplier through an intermediary, using only one or more means of distance communication for the conclusion of the agreement;
- Product: a good offered by the Provider via the Website by means of dropshipping;
- Written communication: any digital communication using characters capable of being stored on a durable medium and of which the intermediary can determine the method to be used;
- General Terms and Conditions: The general terms and conditions are determined by www.vikliv.de, which acts as an agent.
1.2 The Terms and Conditions apply to every offer made by an Agent, every order and every agreement, including any additions or amendments thereto, as well as to subsequent agreements.
1.3 The scope of application of general or (purchase) conditions of the buyer of the agent 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 If one or more provisions of the Terms and Conditions are invalid at any time, in whole or in part, the Agreement and these Terms and Conditions shall otherwise remain in force and effect, and the provision in question shall be immediately replaced by a provision which, by mutual agreement, comes as close as possible to the meaning and purpose of the original provision.
- Dropshipping
2.1 The provider’s information is listed on the website.
2.2 If the supplier is not located in the Netherlands, the ordered product will be registered in the name of the buyer. All additional costs, such as VAT, customs clearance costs, and other government charges, are borne by the buyer.
2.3 The prices stated in the offer are exclusive of VAT and other government taxes, as well as shipping and any transport and packaging costs, unless expressly stated otherwise.
2.4 Payment for the order will be processed through an intermediary, with the intermediary paying the supplier on behalf of the buyer.
2.5 The difference between the amount paid by the Buyer for the Order and the amount paid by the Agent to the Supplier shall be considered as compensation for the services provided by the Agent.
- Offer
3.1 Each offer from an intermediary has a limited period of validity, i.e. until the point at which a product is no longer in stock or available from the supplier ("expires") or can no longer be ordered via the website.
3.2 If an offer is made subject to certain conditions, this will be expressly stated in the offer.
3.3 Every offer is non-binding. The agent is entitled to change the offer at any time.
3.4 Each offer contains a complete and as accurate a description of the products as possible to enable the buyer to make a correct assessment. Images of products are a true representation of the product. The seller cannot guarantee that the colors shown exactly match the actual colors of a product. By placing an order, the buyer has the opportunity to evaluate the product, the image, and the product description, taking the above into account.
3.5 All images and descriptions of a product are indicative and cannot be grounds for compensation or termination of the contract in the event of inaccuracies and/or discrepancies, unless the deviations from the essential product characteristics are to such an extent that the product is actually different from the one the Buyer intended to order.
3.6 Any offer which the Buyer could reasonably expect or should have understood to contain an obvious typographical error or constitute an obvious mistake shall not be honored by the Agent. The Buyer shall not derive any rights from such an error or mistake.
- agreement
4.1 Subject to the provisions of Article 4.5, a contract shall be concluded at the time of acceptance of the offer and placement of the order by the Buyer in compliance with the specified terms and conditions.
4.2 The Agreement is concluded in Dutch, unless the Intermediary offers the Terms and Conditions and further communication in another language via the website. In the latter case, an Agreement may also be concluded in a language of the Buyer's choice, and the Buyer may also communicate with the Intermediary in that language.
4.3 If the buyer accepts the offer electronically, the agent will immediately confirm receipt of the acceptance electronically, thereby concluding the contract. Until the agent confirms receipt of the acceptance, the buyer may terminate the contract.
4.4 The Intermediary shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure environment. The Intermediary shall take appropriate security measures if the Buyer is able to pay electronically.
4.5 The agent may obtain information about the buyer's ability to meet his payment obligations, as well as anything else that may be relevant to the responsible conclusion of the contract. If the agent has good reasons not to conclude the contract, he is entitled to refuse acceptance or the order, or to attach special conditions to its execution.
4.6 The Buyer shall ensure that all information that the Agent indicates is necessary, or that the Buyer should reasonably understand is necessary for the performance of the Agreement, is made available to the Agent in a timely manner. If such information is not made available to the Agent in a timely manner, the Agent shall have the right to suspend performance of the Agreement and/or charge the Buyer for any additional costs incurred due to the delay at the Agent's usual rates.
4.7 The Agent shall not be liable for any damages whatsoever arising from the Agent’s reliance on incorrect and/or incomplete information provided by the Buyer, unless such inaccuracy or incompleteness was known to the Agent.
- Price
5.1 The prices stated in the offer are based on the cost factors applicable at the time of conclusion of the contract, such as import and export duties, freight and unloading costs, insurance, and any applicable duties and taxes. Any advantageous or disadvantageous differences at the time of arrival, departure, or delivery shall be borne by the Buyer.
5.2 The offer prices are subject to printing and typographical errors. No liability is assumed for the consequences of printing and typographical errors. In the event of printing and typographical errors, the agent is not obligated to deliver the product at the incorrect price.
5.3 A composite offer does not oblige the agent to supply part of the goods included in the offer or estimate at a corresponding part of the stated price.
- Conformity and warranty
6.1 Subject to the relevant provisions of the General Terms and Conditions, the Products comply with the Contract, the specifications stated in the Offer, the reasonable requirements of reliability and/or fitness for purpose and the legal provisions and regulations in force on the date of the conclusion of the Contract.
6.2 The Intermediary points out that certain products have a limited shelf life, which is indicated on the product in question. The Buyer must take this shelf life into account to ensure the quality and safety of the product in accordance with the Supplier's guarantee.
6.3 Any defects or incorrectly delivered products must be reported to the Agent in writing within four (4) weeks of delivery. The products must be returned in their original packaging and in an 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 a specific 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 agent will, at its discretion, provide a replacement or repair. In the event of an exchange, the buyer agrees to return the replaced item to the agent.
6.6 The guarantee does not apply if:
- the Buyer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
- the delivered products have been subjected to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the agent and/or on the packaging.
- the defect is wholly or partly due to regulations which the Government has or may issue with respect to the nature or quality of the materials used.
- Delivery and execution
7.1 The Agent will process orders for Products with the utmost care.
7.2 The place of delivery is the address provided by the Buyer to the Agent when placing the order.
7.3 The agent will forward and execute accepted orders promptly.
7.4 All delivery times are approximate. 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 these periods.
7.5 If an order cannot be executed or can only be executed partially, the Buyer will be informed within 30 days of the order being placed.
7.6 The agent is entitled to deliver the goods in installments, unless this constitutes a deviation from the agreement or the partial delivery has no independent value. The agent is entitled to invoice the goods thus delivered separately. Failure to meet a delivery deadline does not entitle the buyer to compensation.
7.7 The delivery times stated on the website are guidelines only.
7.8 If the specified delivery time is exceeded, the Buyer shall have no right to terminate the contract or to compensation unless expressly agreed otherwise.
7.9 In case of termination in accordance with the provisions of paragraph 3 of this article, the intermediary shall refund the amount paid by the buyer as soon as possible and no later than 14 days after termination.
7.10 Should delivery of an ordered product prove impossible, the retailer will make every effort to provide a replacement item. At the latest upon delivery, a clear and understandable notice will be given that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the retailer.
7.11 The risk of damage and/or loss of Products shall remain with the Agent until the time of delivery to the Buyer or a representative appointed in advance and notified to the Agent, unless expressly agreed otherwise. Acceptance of goods without any remarks on the consignment note/invoice shall be deemed proof that the packaging was in good condition at the time of delivery.
- payment
8.1 Unless otherwise agreed, the amounts owed by the Buyer under the Agreement must be paid immediately after the order is placed.
8.2 The Buyer is obliged to immediately report any inaccuracies in the payment details provided to the Agent.
8.3 If the Buyer fails to fulfill its payment obligation(s) on time, it shall owe statutory interest on the outstanding amount, and if the Buyer is not a consumer, statutory commercial interest. The Intermediary shall be entitled to charge the extrajudicial collection costs incurred by the Agent or on its behalf. Collection costs shall be calculated in accordance with the Act and the Regulation on Compensation for Extrajudicial Collection Costs.
- Terms and conditions for the website and products
9.1 The Agent is not responsible for errors and/or irregularities in the functionality of the Website. The Agent is not liable for malfunctions or unavailability of the Website for any reason whatsoever.
9.2 The Agent does not guarantee the correct and complete transmission of the content of emails or other digital communications sent by/on behalf of the Agent, nor their timely receipt.
9.3 All claims of the Buyer based on defects on the part of the Agent shall lapse if they are not notified to the Agent in writing within one (1) year after the Buyer knew or could reasonably have known of the defects on which he bases his claims.
9.4 The Agent expressly disclaims all liability and claims from Buyers and third parties who have suffered (physical) damages 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 Agent recommends that the Buyer always read the instructions for use before use and act accordingly. The Products must be stored and used in accordance with the instructions for use.
9.6 All advice regarding the use of products is general and non-binding in nature. The Buyer must assess for themselves and under 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 (general) doctor should be contacted to obtain an assessment for use in a specific case.
9.7 Certain products, such as products containing small parts, external care products and electrical appliances, should be kept out of the reach of small children.
9.8 The agent advises the buyer at all times, but especially in the case of pregnancy, breastfeeding, taking medication and in case of doubt in case of hypersensitivity to one of the ingredients, to consult an expert before using products, such as cosmetic care products, after reading the instructions for use.
- Force majeure
10.1 The agent shall not be liable to the buyer if obligations under the contract cannot be fulfilled due to force majeure. Force majeure shall in any case be understood as meaning:
- Force majeure on the part of the supplier;
- government measures and restrictions;
- power outage;
- Disruption of the Internet, data networks and telecommunications facilities, e.g. through cybercrime and hacking;
- natural disasters;
- War and terrorist attacks;
- general transport problems and restrictions;
- supplier or agent strikes; and
- other situations over which the intermediary has no control and which temporarily or permanently prevent compliance with the obligations.
10.2 During the period of force majeure, the obligations under the Agreement shall be suspended. If this period lasts longer than two months, either party shall be entitled to terminate the Agreement without any obligation to pay compensation 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 is able to fulfill them at the time of the force majeure event, and the fulfilled or to-be-fulfilled part has independent value, the Contractor shall be entitled to invoice the already fulfilled or to-be-fulfilled part separately. The Buyer shall be obligated to pay this invoice as if it were a separate agreement.
- Data protection
11.1 The Buyer's (personal) data will be stored in a database. This data will primarily be used for the execution of the Agreement. Upon request, the Intermediary may send the Buyer information about its products, such as newsletters and offers. The Buyer may at any time object to the use of personal data for direct marketing purposes and/or the (continued) 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 Agent, electronic communications are not secure and may be intercepted, tampered with, infected, delayed, or misdirected, including by viruses and spam filters. Likewise, no Agent can provide absolute security against consultation by unauthorized persons.
11.3 The Intermediary shall take appropriate measures to ensure the confidentiality and secure storage of (personal) data.
11.4 In the context of contract fulfillment, (personal) data may also be transferred to countries outside the European Union, e.g., to a supplier in China. Otherwise, the contract between the buyer and the supplier cannot be executed and the delivery of the order to the buyer by the supplier cannot be carried out. However, the agent 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 provide access to the personal data processed by the Contractor and/or (if applicable) to correct, supplement, remove, or block such 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 made available, corrected, or removed.
11.6 The personal data of the Buyer who is a Consumer shall not be disclosed to third parties unless the Agent is obliged to do so by or pursuant to applicable laws and regulations or it is necessary for the execution of the Agreement.
- consumer
12.1 Before a contract is concluded with a consumer, the text of the terms and conditions will be made available (electronically) to the consumer in such a way that the consumer can easily store it on another durable medium. If this is not reasonably possible, it will be stated before the conclusion of the contract 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 shall make the following information available via the website or at least ensure that this information can be stored in an accessible manner on a durable medium:
- the conditions under which and the manner in which the consumer may submit a complaint;
- the conditions under which and the manner in which the consumer may exercise his right of withdrawal or a clear statement that he is excluded from the right of withdrawal;
- the information about warranty and customer service; and
- the form.
12.3 To exercise all statutory rights that the consumer has against the provider, the consumer may contact an intermediary, provided that this is in accordance with the terms and conditions.
12.4 Any guarantee provided by or on behalf of the intermediary or supplier shall not affect the consumer's statutory rights under the contract against the intermediary.
12.5 In the event of the application of Article 7.5, the Buyer who is a Consumer shall have the right to terminate the Agreement free of charge with regard to Products that cannot be delivered or cannot be delivered within a reasonable time.
12.6 The authorized representative may deviate from Article 8.3 with regard to the collection costs to be charged to the consumer.
- Right of withdrawal
13.1 When purchasing products, the buyer who is a consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period begins on the day following receipt of the product by the consumer or a representative previously designated by the consumer, who will be notified to the intermediary.
13.2 During the cooling-off 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 wish to keep the product. If they exercise their right of withdrawal, the consumer will return the product to the retailer with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the retailer'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 notifying the consumer that they wish to exercise their right of withdrawal, they must return the product to the intermediary or supplier within 14 days. The consumer must provide evidence that the delivered products were returned within the time limit.
13.4 If, after the expiry of the periods referred to in Articles 13.2 and 13.3, the consumer has not communicated his intention to exercise his right of withdrawal or if he has not returned the product to the intermediary, the purchase shall be deemed to have been made.
13.5 The following products are excluded from the right of withdrawal:
- (a) products which are clearly personal in nature;
- b) products which cannot be returned due to their nature;
- c) products that are liable to deteriorate or age quickly;
- d) products whose price is subject to fluctuations on the financial market and over which the intermediary has no influence;
- e) Audio and video recordings and computer software whose seal has been broken after delivery
- f) Sealed products which, for reasons of health protection or
- g) are not suitable for return due to hygiene reasons and whose seal has been broken after delivery; and
- h) Products manufactured at the consumer's request in accordance with the consumer's specifications.
- Costs of withdrawal
14.1 If a consumer exercises his right of withdrawal, he shall 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 receiving the notice of withdrawal. Refunds will be made using the same payment method used for the purchase, unless the consumer expressly agrees to a different 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 complete return is provided.
14.3 In case of damage to the product due to careless handling by the consumer, the consumer shall be liable for any reduction in the value of the product.
- Complaints and disputes
15.1 If the Buyer has a complaint, the Buyer must notify the Agent in writing.
15.2 A complaint shall not suspend the obligations of the Buyer or the Agent unless the Agent states otherwise in writing.
15.3 Any complaint regarding the execution of the Agreement must be submitted in writing and stating the reasons within seven (7) days after the Buyer has discovered the defects.
15.4 A complaint must be responded to by an authorized representative within 14 days of receipt. If a complaint is expected to take longer to process, the complainant will be informed within 14 days and informed of the deadline for processing the complaint.
15.5 The mediator shall at any time have at least four (4) weeks to resolve a complaint by mutual agreement. After this period, the complaint shall be deemed a dispute within the meaning of Article 15.8.
15.6 If the Intermediary declares a complaint to be justified, it will, at its discretion, replace or repair the delivered products free of charge. If a complaint cannot be resolved by mutual agreement, the complaint shall be deemed a dispute within the meaning of Article 15.8.
15.7 If the complainant is a consumer, he or she may also contact a dispute resolution body via the European ODR platform (https://ec.europa.eu/consumers/odr/).
15.8 All disputes arising out of or in connection with the Agreement or to which the Conditions apply shall be governed exclusively by Dutch law, regardless of the domicile of the Buyer or any third party, and shall be subject exclusively to the jurisdiction of the [JURIDICAL TERRITORY] Court, unless mandatory law provides that another court shall have jurisdiction.
15.9 The applicability of the Vienna Sales Convention is excluded
Appendix: Cancellation form (for consumers only)
Contact information:
www.Vikliv.de is part of Venema Webshops BV
Contact: Info@vikliv.de
Address: Wolgastraat 17 Assen, Netherlands
Customer Service: Monday to Friday: 9:00 AM - 5:00 PM
We will do our best to respond to your email within 1-2 business days.
Thank you for shopping at Vikliv.de
