TERMS AND CONDITIONS
By placing an order you are ordering with payment obligation, agreeing to our terms and conditions and declaring you are 18 years of older.
- Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Articele 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
- Article 1 - Definitions.
In these terms and conditions, the following definitions shall apply:
Grace period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of profession of business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/orof services, of which the obligation to deliver and/orof purchase is spread over time;
Durable medium: any means that enables the consumer of entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model form for withdrawal made available by the entrepreneur which a consumer can fill in when he wants to exercise his right of withdrawal.
Entrepreneur: the natural of legal person who offers products and/orof services to consumers remotely;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/orof services, up to and including the conclusion of the agreement, exclusive use is made of one of more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
- Article 2 - Identity of the entrepreneur
VapeKings
Tappersweg 14 - 34
2031 EV Haarlem
Phone number: +31850656802
E-mail address: info@vapekings.nl
Chamber of Commerce number: 66879647
- Article 3 - Applicability.
These general conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically at the consumer's request of in another way.
In the event that in addition to these general conditions also specific product- of service conditions apply, the second and third paragraphs apply by analogy and the consumer can in case of conflicting general conditions always rely on the applicable provision that is most favorable to him.
If one of more provisions in these general conditions at any time wholly of partially invalid of be destroyed, then the agreement and these conditions for the rest remain in force and the provision concerned will be replaced immediately in mutual consultation by a provision that the scope of the original as closely as possible.
Situations not provided for in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the explanation of content of one of several provisions of our terms and conditions, should be interpreted 'in the spirit' of these general terms and conditions.
- Article 4 - The offer
If an offer has a limited period of validity of is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/orof services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/orof services offered. Obvious mistakes of Obvious mistakes in the offer are not binding for the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation of dissolution of the agreement.
Images of products are a true representation of the products offered. Operator can not guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of shipment;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the height of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
of the agreement is archived after conclusion, and if so in what way it can be consulted by the consumer;
the way in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and if desired.
- Article 5 - The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can inform himself - within legal frameworks - of the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order of application motivated of to attach special conditions to the implementation.
The entrepreneur will with the product of service to the consumer the following information, in writing of in such a way that the consumer in an accessible way can be stored on a durable medium, send:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year of of indefinite duration.
In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Vapekings of any form of this is not liable if damage caused by use of products, please ensure that you use and handle the products properly.
- Article 6 - Right of withdrawal
Upon delivery of products:
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer of a previously designated by the consumer and made known to the entrepreneur representative.
During the reflection period, the consumer will handle the product and packaging with care. Products can only be returned when the seal of the packaging is still intact. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known using the model form. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
In case of delivery of services:
With the delivery of services, the consumer has the possibility of dissolving the contract without giving reasons for at least 14 days, starting on the day of entering into the contract.
To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and / orof at the latest upon delivery.
- Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be at his expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. Here is the condition that the product is already received back by the merchant of conclusive evidence of complete return can be presented.
- Article 8 - Exclusion of the right of withdrawal.
The entrepreneur can 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 entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil quickly of age;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products, such as vaporizers, starter sets and e-liquids.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transportation, restaurant business of leisure to be performed on a certain date of during a certain period;
b. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.
- Article 9 - The price
During the validity period stated in the offer, the prices of the products and/orof services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products of services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations of provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of legal regulations of provisions; of
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products of services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
- Article 10 - Conformity and Warranty
of The trader guarantees that the products and/orof services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/orof usability and the statutory provisions and/or government regulations that existed on the date on which the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer of importer does not affect the legal rights and claims that the consumer, on the basis of the agreement, can assert against the trader.
Any defects of wrongly delivered products should bereported to the entrepreneur in writingwithin 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use of the application of the products.
The guarantee does not apply if:
The consumer has repaired and/orof processed the delivered products himself of and had them repaired and/orof processed by third parties;
The delivered products have been exposed to abnormal conditions of otherwise carelessly treated of contrary to the instructions of the entrepreneur and/orof on the packaging;
The defectiveness is entirely of partially the result of regulations which the government has set of regarding the nature of the quality of the materials used.
- Article 11 - Delivery and execution
The company will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless consumer has agreed to a longer delivery period. If the delivery is delayed, of if an order is not or only partially carried out, the consumer receives this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation}.
All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with the paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and / orof loss of products rests with the entrepreneur until the time of delivery to the consumer of a previously designated and the entrepreneur announced representative, unless otherwise expressly agreed.
- Article 12 - Duration transactions: duration, termination and renewal
Termination
The consumer may contract for an indefinite period and which extends to the regular delivery of products (including electricity) of services, at any time terminate in accordance with agreed termination rules and a notice of up to one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) of services at any time at the end of the fixed term in compliance with the applicable termination rules and a notice period of up to one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time of in a specific period;
at least terminate them in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
A fixed-term contract that has been entered into for the regular supply of products (including electricity) of services may not be tacitly extended of renewed for a fixed term.
In departure from the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly prolonged for a fixed term not exceeding three months, if the consumer can terminate this prolonged contract at the end of the prolongation with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products of services may only be tacitly extended for an indefinite period of time if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular delivery of trial daily-, news- and weekly newspapers and magazines (trial- of introductory subscription) is not tacitly continued and ends automatically at the end of the trial- of introductory period.
Duration
If a contract lasts more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
- Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in payment data provided of immediately to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known in advance to the consumer.
- Article 14 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
For complaints, a consumer should first turn to the entrepreneur. Forcomplaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If there is still no solution to be found, the consumer has the possibility of his complaint by Foundation GeschilOnline (www.geschilonline.comThe ruling is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee are costs associated that the consumer has to pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will at his discretion of replace the delivered products free of charge of repair.
- Article 15 - Disputes
On contracts between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad. The Vienna Sales Convention is not applicable.
Management VapeKings
