Terms and Conditions

Welcome to our general terms and conditions for consumers. Specific terms for business customers (B2B) apply via this link.

1. Definitions

In these terms and conditions, the following terms shall have the meanings below:

• Additional contract: an agreement where the consumer acquires products, digital content and/or services in connection with a distance contract, delivered by the entrepreneur or by a third party under contract with the entrepreneur.

• Cancellation period: the period in which the consumer may exercise their right of withdrawal.

• Consumer: the natural person not acting for purposes related to their trade, business, craft or profession.

• Day: calendar day.

• Digital content: data produced and supplied in digital form.

• Long-term contract: an agreement for the regular supply of items, services and/or digital content during a defined period.

• Durable medium: any tool — including e-mail — that allows the consumer or entrepreneur to store information addressed to them in a manner that enables future consultation or use over a period aligned with the purpose of the information, and that permits unchanged reproduction of the stored information.

• Right of withdrawal: the consumer’s option to cancel the distance contract within the cancellation period.

• Entrepreneur: the natural or legal person member of Thuiswinkel.org offering products, access to digital content and/or services at a distance to consumers.

• Distance contract: an agreement concluded between the entrepreneur and the consumer within an organised remote selling system for products, digital content and/or services, using one or more remote communication techniques.

• Model withdrawal form: the European model withdrawal form contained in Annex I of these terms and conditions.

• Remote communication technique: a means used to conclude a contract without the consumer and entrepreneur being physically present in the same place.

2. Identity of the Entrepreneur

Vaessen B.V. (trading as Vaessen Creative)

Thermiekstraat 25

6361 HB NUTH, Netherlands

Email: info@vaessen-creative.com

Phone: +31 (0)45 524 37 71 (08:30 – 17:15)

Chamber of Commerce number: 14050589

VAT identification number: NL001731749B01

3. Applicability

These terms apply to every offer by the entrepreneur and every distance contract between the entrepreneur and the consumer. The consumer shall be provided these terms before the contract is concluded. If the contract is concluded electronically, the terms can be made available electronically so the consumer can save them on a durable medium. If specific product or service terms also apply, the consumer may always invoke the most favourable condition if there is a conflict.

4. The Offer

If an offer is limited in time or subject to conditions, this will be explicitly stated. The offer includes a complete and detailed description of the products, digital content and/or services offered, including the rights and obligations tied to acceptance.

5. The Contract

The contract is concluded when the consumer accepts the offer and meets the stated conditions. If accepted electronically, the entrepreneur confirms receipt electronically. The entrepreneur applies security measures for secure electronic transactions and may investigate the consumer’s creditworthiness. Relevant contract details are supplied at the latest upon delivery.

6. Right of Withdrawal

The consumer can cancel a contract within 14 days without giving reasons. The cancellation period begins when the consumer or a designated third party receives the product. For digital content not supplied on a tangible medium, the period starts after the contract is concluded.

7. Consumer Obligations during Withdrawal

The consumer must handle the product and packaging with care and is liable for any diminished value if the item was handled beyond what is necessary to assess nature and functioning.

8. Exercising the Right of Withdrawal and Costs

The consumer must inform the entrepreneur within the cancellation period using the model withdrawal form or an unequivocal statement. The product must be returned within 14 days of notification. Return costs are borne by the consumer unless stated otherwise.

9. Entrepreneur Obligations upon Withdrawal

The entrepreneur acknowledges receipt of withdrawal without delay. Refunds are processed within 14 days and made by the same payment method used by the consumer.

10. Exclusion of the Right of Withdrawal

The entrepreneur may exclude certain products/services from withdrawal only if explicitly stated before contract conclusion, including perishables, sealed hygiene products, customised products, sealed digital media, etc.

11. Prices

Prices listed in an offer shall not be increased during the offer’s validity except for VAT changes. Variable-price products tied to market fluctuations can be offered. Price increases within three months of contract conclusion are allowed only if due to legislation; after three months, only if agreed and if the consumer can terminate the contract before the increase.

12. Compliance and Warranty

Products/services must comply with the contract, offer specifications, and legal standards in force when the contract was concluded. Additional warranties do not affect statutory consumer rights.

13. Delivery and Execution

Orders are executed with care and within 30 days unless otherwise agreed. Delays or partial (non-)execution must be communicated within 30 days. Consumers may terminate at no cost and potentially claim compensation. Risk of damage/loss transfers upon delivery at the specified address.

14. Long-term Contracts: Duration, Termination & Renewal

Consumers can terminate contracts for indefinite duration with one month’s notice or end fixed-term contracts similarly. Contracts longer than a year can be terminated after one year with one month’s notice.

15. Payment

Unless otherwise agreed, amounts due must be paid within 14 days after the start of the withdrawal period or contract. Consumers cannot be obliged to pay more than 50% upfront. Late payments incur statutory interest and collection costs as specified.

16. Complaints Procedure

The entrepreneur has a published complaints procedure. Complaints must be clearly described and submitted within a reasonable time. Replies will be sent within 14 days. The consumer must allow four weeks to resolve the complaint before it becomes a dispute.

17. Disputes

Dutch law exclusively applies to agreements covered by these terms and conditions.

18. Additional or Deviating Provisions

Conditions additional to, or deviating from, these terms must not disadvantage the consumer and must be in a form savable on a durable medium.

19. Actions, Promotions, and Gifts

1. General
   The entrepreneur may from time to time offer temporary discounts, promotions, gifts or campaigns (“actions”). Participation is only possible within the stated period and under the terms of the specific action.

2. Participation
   Participation requirements may include age, location, purchase criteria or other conditions. These are clearly stated at the time of the offer.

3. Execution of the Action

   1. The entrepreneur may modify, postpone or terminate actions without prior notice, provided this is clearly stated.

   2. Gifts or promotional products are personal and non-transferable unless otherwise indicated.

4. Returns and Defective Products

1. Return or withdrawal rights for products obtained through actions follow the standard terms unless explicitly stated otherwise.
2. Defective products are handled under articles 12 and 16.

5. Personal Data and Marketing

• Personal data provided for participation is used solely to execute the action in accordance with the privacy policy.

• If participation automatically subscribes the consumer to the newsletter, this is clearly indicated and consumers can unsubscribe at any time via the provided link.

20. Digital Content

1. Definition and Delivery
   
   Digital content refers to data produced and delivered in digital form, such as downloads, software, e-books, templates, or licenses. Delivery is via the contact details provided by the consumer or through a download link.

2. Access and Use

   • Consumers receive a non-exclusive, non-transferable right to use digital content for personal use, unless otherwise stated.

   • The entrepreneur guarantees that digital content meets the offer description and is suitable for normal use.

3. Right of Withdrawal

• Withdrawal rights expire once the digital content is delivered and the consumer has explicitly agreed to immediate delivery, acknowledging that withdrawal rights are lost.

1. For digital content on a physical medium, standard return and withdrawal terms apply (articles 6–10).

4. Defective or Missing Content

• If digital content is not delivered or is incorrect, the entrepreneur will reasonably provide correction or replacement.

• Consumers may claim statutory warranty rights.

5. Bundles and Promotions

• For digital content included in promotions or bundles, action-specific terms apply alongside this article.

Withdrawal Form

To: Vaessen B.V., Thermiekstraat 25, 6361 HB NUTH, Netherlands — info@vaessen-creative.com