Terms and Conditions

Company name: WNR E-commerce B.V.

Chamber of Commerce number: 91541913

Address: De Enk 3, 7006AZ, Doetinchem, Netherlands

VidaVora Terms and Conditions
Version 1.0 – Last updated: 25-02-2025

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer may exercise their right of withdrawal.
  • Consumer: a natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader.
  • Day: calendar day.
  • Fixed-term contract: a distance contract related to the regular delivery of products and/or services during a specified period.
  • Durable medium: any tool that allows the consumer or trader to store information addressed to them personally in a way that enables future access and unaltered reproduction.
  • Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period.
  • Withdrawal form: the form provided by the trader that the consumer may complete if they wish to exercise their right of withdrawal.
  • Trader: a natural or legal person who offers products and/or services to consumers at a distance.
  • Distance contract: a contract concluded as part of an organized system for distance selling of products and/or services, using one or more means of distance communication exclusively.
  • Means of distance communication: any method that can be used to conclude a contract without the physical presence of the consumer and the trader.
  • Terms and Conditions: these general terms and conditions of the trader.

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the trader and every distance contract or order concluded between the trader and the consumer.

Before a distance contract is concluded, the consumer will be provided with the text of these Terms and Conditions. If that is not reasonably possible, it will be indicated before the contract is concluded where the Terms and Conditions can be consulted and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these Terms and Conditions may be provided to the consumer electronically in a way that allows the consumer to easily store it on a durable medium. If that is not reasonably possible, it will be indicated where the Terms and Conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

If additional terms and conditions apply for specific products or services, paragraphs 2 and 3 also apply, and the consumer can always rely on the provision that is most favorable to them in the event of conflicting terms.

If any provision of these Terms and Conditions is void or annulled, the remaining provisions remain in force, and the invalid provision will be replaced by a valid one that most closely reflects its original intent.

Situations not covered by these Terms will be assessed in the spirit of these conditions.

Uncertainties regarding the interpretation or content of one or more provisions shall be interpreted in accordance with the spirit of these Terms and Conditions

 

Article 4 – The Offer

If an offer is subject to a limited duration or specific conditions, it will be explicitly stated in the offer.

Offers are non-binding. The trader reserves the right to change or adjust the offer.

The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the trader uses images, they are a true representation of the products and/or services. Obvious mistakes or errors in the offer are not binding.

All images, technical data, and information in the offer are indicative and do not give rise to compensation or contract termination.

Product images are a faithful representation of the offered articles. The trader cannot guarantee that the displayed colors exactly match the actual product colors.

Every offer contains information that makes it clear to the consumer what their rights and obligations are if they accept the offer. This includes, but is not limited to:

  • the price including taxes;
  • any shipping costs;
  • the method of concluding the contract and which actions are required;
  • whether or not the right of withdrawal applies;
  • method of payment, delivery, and execution of the agreement;
  • the period for accepting the offer or the period during which the trader guarantees the price;
  • the rate for distance communication if costs differ from the regular rate;
  • how the contract will be archived and whether it is accessible to the consumer;
  • how the consumer can check and correct input errors before the contract is concluded;
  • the languages available for the contract, besides English;
  • applicable codes of conduct and how the consumer can review them;
  • the minimum duration of the distance contract in case of a long-term transaction.

Article 5 – The Contract

The contract is concluded when the consumer accepts the offer and meets the associated conditions, subject to paragraph 4.

If the consumer accepts the offer electronically, the trader shall promptly confirm receipt of acceptance by electronic means. Until this confirmation is received, the consumer may dissolve the agreement.

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

Within legal boundaries, the trader may check whether the consumer can meet payment obligations and investigate relevant facts necessary for responsibly concluding a distance contract. If the trader has valid reasons not to conclude the contract, they may refuse an order or attach special conditions.

The trader shall provide the consumer with the following information, either in writing or in a manner that allows storage on a durable medium:

  • the trader’s physical address for complaints;
  • the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
  • information about after-sales services and warranties;
  • the information stated in Article 4, paragraph 3, unless the trader has already provided this before contract conclusion;
  • the cancellation conditions if the contract is longer than one year or indefinite.

In case of a continuing performance contract, the above only applies to the first delivery.

Every contract is concluded under the condition of sufficient product availability.

 

Article 6 – Right of Withdrawal

For the delivery of products:
When purchasing products, the consumer has the right to cancel the contract within 14 days without giving any reason. This cooling-off period starts the day after the consumer—or a third party previously designated by the consumer, who is not the carrier—receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If exercising the right of withdrawal, the consumer shall return the product, with all accessories and, if reasonably possible, in its original condition and packaging, following the trader’s reasonable and clear return instructions.

To exercise the right of withdrawal, the consumer must clearly notify the trader within 14 days of receiving the product. This can be done via a withdrawal form or by any other unequivocal method (e.g., email). After notifying, the consumer must return the product within 14 days. The burden of proof for timely return lies with the consumer (e.g., proof of shipment).

If the consumer does not notify the trader of withdrawal or fails to return the product within the deadlines stated in paragraphs 2 and 3, the purchase becomes binding.

For the delivery of services:
In the case of service agreements, the consumer may cancel the contract within 14 days from the date of agreement without giving any reason.

To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the trader at the time of the offer or at the latest during delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they will bear the direct costs of returning the goods.

If the consumer has already made a payment, the trader will refund the amount as soon as possible, and no later than 14 days after the withdrawal. This is conditional on the product being returned or the consumer providing proof of return. Refunds will be made using the same payment method used by the consumer unless explicitly agreed otherwise.

If the product is damaged due to improper handling by the consumer, the consumer is responsible for any depreciation in value.

The consumer cannot be held liable for depreciation if the trader failed to provide all legally required information regarding the right of withdrawal before concluding the contract.

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the right of withdrawal for certain products and services, provided this is clearly stated in the offer or prior to concluding the agreement.

Exclusion is only possible for products:

  • made to the consumer’s specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that deteriorate quickly or have a limited shelf life;
  • whose price is subject to financial market fluctuations beyond the trader’s control;
  • that are individual issues of newspapers or magazines;
  • that are audio/video recordings or computer software with a broken seal;
  • that are hygienic goods with broken seals.

Exclusion is only possible for services:

  • related to accommodation, transport, catering, or leisure to be performed on a specific date or period;
  • where performance has begun with the consumer’s explicit consent before the end of the cooling-off period;
  • related to betting and lotteries.

 

Article 9 – Price

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

Contrary to the previous paragraph, the trader may offer products or services with variable prices when these prices are subject to fluctuations in the financial market beyond the trader’s control. The offer will state that these prices are subject to fluctuations and that any indicated prices are target prices.

Price increases within 3 months after the contract was concluded are only allowed if they result from legal regulations or provisions.

Price increases more than 3 months after the conclusion of the contract are only permitted if:

  • they are the result of legal regulations or provisions; or
  • the consumer has the right to terminate the agreement as of the date the price increase takes effect.

Prices stated in the offer of products or services include VAT.

All prices are subject to typographical and printing errors. The trader shall not be liable for any consequences of such errors. In the case of obvious errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Compliance and Warranty

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

Any guarantee offered by the trader, manufacturer, or importer shall not affect the legal rights and claims the consumer may assert under the agreement against the trader.

Defects or wrongly delivered products must be reported in writing to the trader within 2 months after delivery. Products must be returned in their original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is not responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding use or application.

The warranty does not apply if:

  • the consumer has repaired and/or modified the products themselves or had them repaired and/or modified by third parties;
  • the products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions provided by the trader and/or on the packaging;
  • the defect is entirely or partly the result of regulations set by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution

The trader shall exercise 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 the consumer has provided to the trader.

Subject to what is stated in Article 4 of these Terms and Conditions, the trader will execute accepted orders with due speed but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be executed or only partially, the consumer shall be informed no later than 30 days after the order was placed. In such cases, the consumer has the right to terminate the contract free of charge and is not entitled to any compensation.

All delivery terms are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a delivery period does not entitle the consumer to compensation.

In the event of dissolution as stated in paragraph 3, 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 to be impossible, the trader shall make an effort to provide a replacement item. The consumer shall be informed clearly and understandably at the time of delivery that a replacement product is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The return shipping costs for replacements are borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a third party designated by the consumer, unless explicitly agreed otherwise.

 

Article 12 – Fixed-Term Contracts: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement that was concluded for an indefinite period and that involves 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 contract that involves the regular delivery of products (including electricity) or services at any time at the end of the term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer has the right to:

  • terminate the agreement at any time and is not limited to termination at a specific time or during a specific period;
  • terminate the agreement in the same way it was entered into;
  • terminate the agreement with the same notice period the trader has stipulated for themselves.

Renewal
A fixed-term contract that involves the regular delivery of products or services may not be automatically renewed or extended for a fixed term.

By way of exception, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines may be automatically extended for a maximum period of three months, if the consumer can terminate this extended agreement with a notice period of no more than one month.

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

A fixed-term contract for the introductory delivery of daily or weekly newspapers and magazines (trial or introductory subscriptions) is not automatically renewed and ends after the trial or introductory period.

Duration
If a contract lasts for 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 oppose termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the expiration of the withdrawal period referred to in Article 6 paragraph 1. In the case of a service agreement, this period starts after the consumer has received confirmation of the contract.

The consumer is obliged to report any inaccuracies in provided or stated payment details to the trader without delay.

In the event of non-payment by the consumer, and subject to legal limitations, the trader has the right to charge the consumer reasonable pre-notified costs.

Article 14 – Complaints Procedure

The trader shall have a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this procedure.

Complaints regarding the performance of the contract must be submitted to the trader fully and clearly described within 2 months after the consumer has discovered the defects.

The trader shall respond to complaints within 14 days of receipt. If a complaint requires a longer processing time, the trader will acknowledge receipt within 14 days and indicate when the consumer can expect a more detailed response.

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

The consumer must first submit the complaint to the trader. It is also possible to submit complaints through the EU Online Dispute Resolution platform: http://ec.europa.eu/odr.

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

If the trader considers a complaint justified, they shall, at their own discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these Terms and Conditions apply are governed exclusively by USA law, even if the consumer resides abroad.

The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Any additional provisions or provisions deviating from these Terms and Conditions must not be to the consumer’s detriment and must be recorded in writing or in a manner that allows the consumer to store them on a durable medium.