Terms and conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Reflection period: the period within which the consumer can make use of the right of withdrawal;

2. Consumer: the natural person who is not acting for purposes related to their trade, business or profession and who enters into a distance contract with the trader;

3. Day: calendar day;

4. Continuing performance transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

5. Durable medium: any instrument that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period; 7. Trader: the natural or legal person who offers products and/or services to consumers at a distance;

8. Distance contract: a contract concluded within the framework of a system organized by the trader for the distance selling of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;

9. Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same place at the same time.

Article 2 - Identity of the trader

ViveleDon B.V.

Rosmolenweg 9B

3356 LK Papendrecht

Phone number: + 31 (0)78-3604000

Availability: Monday to Friday from 8:30 am to 5:30 pm

E-mail address: info@viveledon.com

Chamber of Commerce (KvK) number: Rotterdam 54917212

VAT identification number: NL851490645B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.

3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be provided to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

4. In the event that, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

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

3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

- the price including taxes;

- any delivery costs;

- the manner in which the contract will be concluded and the actions required for this;

- whether or not the right of withdrawal applies;

- the method of payment, delivery and performance of the contract;

- the period for accepting the offer, or the period within which the trader guarantees the price;

- the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

- whether the contract is archived after it is concluded, and if so, how the consumer can access it;

- the way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them in connection with the contract;

- any other languages, in addition to Dutch, in which the contract can be concluded;

- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

- the minimum duration of the distance contract in the case of a continuing performance transaction.

Article 5 - The contract

1. The contract is, subject to the provisions of paragraph 4, concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions.

2. If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

3. If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures to that end.

4. Within the limits of the law, the trader may inform itself as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.

5. The trader will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

- the visiting address of the trader's place of business where the consumer can lodge complaints;

- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;

- information about guarantees and existing after-sales service;

- the information contained in article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to performance of the contract;

- the requirements for terminating the contract if the contract has a duration of more than one year or an indefinite duration.

6. In the case of a continuing performance transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

With the delivery of products:

1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This reflection period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.

2. During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging, to the trader, in accordance with the reasonable and clear instructions provided by the trader.

With the delivery of services:

3. In the case of the delivery of services, the consumer has the option to dissolve the contract without giving reasons for at least fourteen days, starting on the day the contract was entered into.

4. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

1. If the consumer exercises the right of withdrawal, at most the costs of returning the goods will be borne by them.

2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 30 days of the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

1. The trader may exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the contract was concluded.

2. Exclusion of the right of withdrawal is only possible for products:

- that have been produced by the trader according to the consumer's specifications;

- that are clearly personal in nature;

- that cannot be returned due to their nature;

- that can spoil or age quickly;

- the price of which is subject to fluctuations in the financial market over which the trader has no influence;

- for single newspapers and magazines;

- for audio and video recordings and computer software of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

- relating to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;

- the delivery of which has begun with the consumer's express consent before the reflection period has expired;

- relating to betting and lotteries.

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. This dependency on fluctuations, and the fact that any prices stated are target prices, will be stated in the offer.

3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

- they result from statutory regulations or provisions; or

- the consumer has the right to terminate the contract with effect from the -

- day on which the price increase takes effect.

5. The prices stated in the offer of products or services are inclusive of VAT.

Article 10 - Conformity and Warranty

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

2. A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the contract.

Article 11 - Delivery and performance

1. The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

2. The address made known by the consumer to the company will serve as the place of delivery.

3. Taking into account what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after having placed the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.

4. In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after the dissolution.

5. If delivery of an ordered product proves to be impossible, the trader will make an effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.

6. The risk of damage and/or loss of products lies with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Continuing performance transactions: duration, termination and renewal

Termination

1. The consumer can terminate at any time a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of at most one month.

2. The consumer can terminate at any time, before the end of the fixed term, a contract that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of at most one month.

3. The consumer can terminate the contracts referred to in the previous paragraphs:

- at any time and not be limited to termination at a specific time or during a specific period;

- at least in the same way as they were entered into;

- always with the same notice period that the trader has stipulated for itself.

Renewal

4. A contract entered into for a fixed period that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

5. Notwithstanding the previous paragraph, a contract entered into for a fixed period that extends to the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a fixed period of at most three months, if the consumer can terminate this renewed contract towards the end of the renewal with a notice period of at most one month.

6. A contract entered into for a fixed period that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of at most one month, and a notice period of at most three months in the event the contract extends to the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.

7. A contract with a limited duration for the regular delivery of daily, news and weekly papers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

8. If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of at most one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days of the start of the reflection period referred to in article 6, paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.

2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot assert any right whatsoever regarding the execution of the relevant order or service(s), before the stipulated advance payment has taken place.

3. The consumer has a duty to report inaccuracies in provided or stated payment details to the trader without delay.

4. In the event of default by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

1. The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the performance of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.

3. Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader 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.

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

Article 15 - Disputes

Dutch law exclusively applies to contracts between the trader and the consumer to which these general terms and conditions relate.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.