Terms and conditions concerning Vameta products and services
Vameta does only business in the Netherlands at the moment. These terms and conditions are automatically translated.
Article 1. Definitions
Article 2. Applicability
Article 3. The offer
Article 4. The agreement
Article 5. Right of withdrawal
Article 6. Exclusion of right of withdrawal
Article 7. The price
Article 8. Compliance agreement and additional warranty
Article 9. Delivery and execution
Article 10. Duration transactions: duration, terminations renewal
Article 11. Payment
Article 12. Complaints regulation
Article 13. Disputes
Article 14. Additional or deviating provisions
ANNEX I: Model form for withdrawal
These are the general terms and conditions of Vameta, registered at the Chamber of Commerce in Amsterdam under number 69283915 and at the Tax Authorities with number NL213957280B01, located at Langestraat 61B 1211 GW in Hilversum, hereinafter simply referred to as " Vameta ". Vameta can be reached 24/7 by e-mail at email@example.com , you can also call 0639210621. Vameta is a legal entity that offers products, (access to) digital content and / or services to consumers at a distance.
In these conditions:
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity and receives products or services from Vameta ;
- Entrepreneur : the natural or legal person who purchases products, digital content and / or remote services from Vameta;
- Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Duration contract: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
- Durable data carrier: every tool - including e-mail - that enables the consumer / entrepreneur or entrepreneur to store information that is addressed to him in person in a way that future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer / entrepreneur to refrain from the distance contract within the cooling-off period;
- Distance contract: an agreement concluded between the entrepreneur and the consumer / entrepreneur within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusively or use is made of one or more techniques for distance communication;
- Model form for withdrawal: the European model form for withdrawal included in Appendix I of these conditions. Annex I does not have to be made available if the consumer / entrepreneur has no right of withdrawal regarding his order;
- Technique for distance communication : means that can be used for concluding an agreement, without the consumer / entrepreneur and entrepreneur having to be in the same room at the same time.
- These general terms and conditions apply to every offer made by Vameta and to every distance contract concluded between the entrepreneur and the consumer / entrepreneur .
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer / entrepreneur . If this is not reasonably possible, Vameta will indicate how the general conditions can be viewed at Vameta before the distance contract is concluded and that they will be sent free of charge as soon as possible at the request of the consumer / entrepreneur .
- If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made availableelectronically to the consumer / entrepreneur in such a way that the consumer / entrepreneur can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, will be indicated where of the general terms and conditions electronically can be taken note and that at the request of the consumer / entrepreneur electronic or otherwise will be sent free of charge .
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer / entrepreneur may, in case of conflicting conditions, invariably invoke the applicable provision that is most suitable for him. favorable.
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to make a good assessment of the offer by the consumer / entrepreneur possible. If the entrepreneur uses images, these are a true reflection of the offered products, services and / or digital content. Apparent mistakes or obvious errors in the offer do not bind Vameta.
- Each offer contains such information that it is clear to the consumer / entrepreneur what rights and obligations are attached to the acceptance of the offer.
- The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer / entrepreneur of the offer and meeting the corresponding conditions.
- If the consumer / entrepreneur has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. 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, Vameta will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment . If the consumer / entrepreneur can pay electronically, Vameta will take appropriate security measures to that end.
- Vameta can inform itself within legal frameworks - whether the consumer / entrepreneur 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 on the basis of this investigation Vameta has good reasons not to enter into the agreement, it is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
- Vameta shall at the latest upon delivery of the product, service or digital content to the consumer / entrepreneur the following information, in writing or in such a way that the consumer / entrepreneur can be stored in an accessible manner on a durable medium, send:
- the visiting address of the Vameta branch where the consumer / entrepreneur can go with complaints;
- the conditions under which and the manner in which the consumer / entrepreneur can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In the case of a service provided, the consumer / entrepreneur can terminate a service contract for at least 14 days without giving any reason. The entrepreneur may ask the consumer / entrepreneur about the reason for withdrawal, but not to state his reason (s).
- In the case of an agreement for the supply of digital content that has not been delivered on a tangible medium, the consumer / entrepreneur can dissolve for at least 14 days without giving any reason. Vameta may ask the consumer / entrepreneur about the reason for the withdrawal, but does not oblige it to state its reason (s).
- The reflection period referred to in paragraphs 1 and 2 starts on the day following the conclusion of the agreement.
- If Vameta has not provided the consumer / entrepreneur with the legally required information about the right of withdrawal or the standard form for withdrawal, the cooling-off period will expire twelve months after the end of the original reflection period determined in accordance with the other paragraphs of this article.
- If Vameta has provided the consumer / entrepreneur with the information referred to in the previous paragraph within twelve months after the commencement date of the original period of reflection, the cooling-off period will expire 14 days after the day on which the consumer has received this information.
- If the consumer / entrepreneur makes use of his right of withdrawal, he notifies Vameta of this within the cooling-off period by means of the model withdrawal form or in an unambiguous way.
- Vameta will reimburse all payments from the consumer / entrepreneur, within 14 days following the day on which the consumer / entrepreneur informs him of the withdrawal.
- Vameta uses the same payment method that the consumer has used for reimbursement, unless the consumer / entrepreneur agrees to another method. The reimbursement is free of charge for the consumer / entrepreneur.
Vameta can exclude the following products and services from the right of withdrawal, but only if Vameta has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Service contracts, after full execution of the service, but only if:
- Implementation has begun with the express prior consent of the consumer; and
- The consumer has stated that he will lose his right of withdrawal as soon as Vameta has fully executed the agreement.
- The delivery of digital content other than on a tangible medium, but only if:
- Implementation has begun with the express prior consent of the consumer; and
- The consumer has stated that he thereby loses his right of withdrawal.
- During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer / entrepreneur has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
Vameta 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 legal provisions existing on the date of the conclusion of the agreement. or government regulations. If agreed, Vameta also guarantees that the product is suitable for other than normal use.
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of what is stated in article 3 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless another delivery period has been agreed.If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
- The consumer / entrepreneur can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products or services, with due observance of the agreed cancellation rules and a notice period of up to one month.
- The consumer / entrepreneur can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of no more than one month. .
- Consumers can the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to termination at a specific time or in a given period;
- at least cancel in the same way as they were entered into by him;
- always cancel with the same notice period as Vameta has stipulated for itself
- A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a fixed term.
- A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month.
- For annual subscriptions, the consumer / entrepreneur 4 weeks before renewal ng will be informed that the contract will be extended for a year.
- If an agreement has a duration of more than one year, the consumer / entrepreneur may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed term. to resist.
Article 11. Domain names and hosting: property
- All domain names and web spaces requested by the consumer / entrepreneur remain the property of Vameta at all times.
- All domain names requested by the consumer / entrepreneur are in the name of Vameta.
- Domain application goes through a third party and is arranged through Vameta.
- Hosting is arranged via a third-party server, but is arranged by Vameta.
- Vameta is liable for any problems with both the domain name and the hosting.
- Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer / entrepreneur must be paid within 14 days after the commencement of the reflection period, or in the absence of a cooling off period within 14 days after the close of the contract. agreement. In case of an agreement to provide a service, this period starts on the day after the consumer / entrepreneur has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged to pay in advance more than 50% in general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
- The consumer / entrepreneur has the duty to report inaccuracies in provided or stated payment data to Vameta without delay.
- If the consumer / entrepreneur fails to fulfill his payment obligation (s) in time, after having been informed by Vameta of the late payment and Vameta, the consumer has been granted a period of 14 days to still fulfill his payment obligations, after failure to pay within this 14-day period, the legal interest owed on the outstanding amount and Vameta is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. Vameta may deviate from the aforementioned amounts and percentages for the benefit of the consumer / entrepreneur.
- All payments go through Mollie . One-time payments can be made with iDeal , PayPal or credit card. In addition, it is possible to pay repeated payments by direct debit.
- Vameta has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to Vameta will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Vameta will reply within the period of 14 days with a notice of receipt and an indication when the consumer / entrepreneur can expect a more detailed answer.
- The consumer / entrepreneur must give Vameta at least 4 weeks time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer / entrepreneur and must be recorded in writing or in such a way that they can be stored by the consumer / entrepreneur in an accessible manner on a durable medium.
ANNEX I: Model form for withdrawal
(only fill in this form and return it when you want to cancel the contract)
1211 GW Hilversum
I / We * share / share * hereby inform you that I / we * our agreement concerning the sale of the following products: *
the delivery of the following digital content: *
the performance of the following service: *
revoke / revoke * .
Ordered on * / received on : *
Signature consumer (s): (only when this form is submitted on paper)
* Delete what is not applicable or fill in what is applicable.