General Terms and Conditions

Below you can read the general terms and conditions that apply to the purchase of a product.

Article 1 – Definitions
Article 2 – Identity of Vurige Kaars
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Obligations of the Consumer During the Cooling-Off Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
Article 9 – Obligations of Vurige Kaars in Case of Withdrawal
Article 10 – Performance of the Agreement and Additional Guarantee
Article 11 – Delivery and Execution
Article 12 – Complaints Procedure
Article 13 – Disputes

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Supplementary Agreement: An agreement where the consumer acquires products in connection with a distance contract, and these goods are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.
Cooling-Off Period: The period during which the consumer can exercise their right of withdrawal.
Consumer: The natural person not acting for purposes related to their trade, business, craft, or profession.
Day: Calendar day.
Durable Medium: Any tool—including email—that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information.
Right of Withdrawal: The consumer’s ability to cancel the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers 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 the framework of an organized system for distance sales of products, where, up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication.
Model Withdrawal Form: The form included in Appendix I of these terms and conditions.

Article 2 – Identity of the Entrepreneur

Name: Lianne Bos
Business: Vurige Kaars
Address: Wijsterseweg 8, 9417 TD Spier
Phone: 06 356 745 21
Availability: Weekdays via WhatsApp and email from 10:00-17:00
Email: info@vurigekaars.nl
Chamber of Commerce Number: 75449463
VAT Identification Number: NL002265847B51

Article 3 – Applicability

These general terms and conditions apply to every offer by Vurige Kaars and to every distance contract concluded between Vurige Kaars and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Vurige Kaars will indicate how the general terms and conditions can be viewed and that they will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge upon request.

In addition to these general terms and conditions, specific product or service conditions may apply. In case of conflicting terms, the consumer may always rely on the provision most favorable to them.

Article 4 – The Offer

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

The offer includes a complete and accurate description of the products offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, they are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind Vurige Kaars.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

If the consumer accepts the offer electronically, Vurige Kaars will immediately confirm receipt of the acceptance electronically. Until the receipt of this acceptance is confirmed by Vurige Kaars, the consumer may dissolve the agreement.

If the agreement is concluded electronically, Vurige Kaars will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment.

Vurige Kaars may, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If Vurige Kaars has good grounds to refuse the agreement based on this investigation, it is entitled to refuse an order or application or to attach special conditions to its execution.

Vurige Kaars will, at the latest upon delivery of the product, provide the following information in writing or in a manner accessible to the consumer on a durable medium:

The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information about warranties and existing after-sales service;
The price including all taxes of the product, service, or digital content; where applicable, the delivery costs; 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 withdrawal form.

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

Article 6 – Right of Withdrawal

For products:

The consumer can dissolve an agreement regarding the purchase of a product within a cooling-off period of at least 14 days without giving reasons. Vurige Kaars may ask the consumer for the reason for withdrawal but cannot oblige them to provide it.

The cooling-off period mentioned in paragraph 1 starts the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, receives the product, or:

If the consumer has ordered multiple products in the same order: the day on which the consumer, or a designated third party, receives the last product. Vurige Kaars may refuse an order of multiple products with different delivery times, provided the consumer has been clearly informed of this before the ordering process.
If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a designated third party, receives the last shipment or part;
For agreements for regular delivery of products over a specified period: the day on which the consumer, or a designated third party, receives the first product.

Article 7 – Obligations of the Consumer During the Cooling-Off Period

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as they would in a store.

The consumer is only liable for depreciation of the product resulting from handling beyond what is permitted in paragraph 1.

The consumer is not liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs

If the consumer exercises their right of withdrawal, they must notify this within the cooling-off period using the model withdrawal form or in another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has complied with the return period if they return the product before the cooling-off period has expired.

The consumer must return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if Vurige Kaars indicates that it will bear the costs, the consumer does not have to pay the return costs.

Article 9 – Obligations of Vurige Kaars in Case of Withdrawal

If Vurige Kaars enables the consumer to notify the withdrawal electronically, it will immediately send a confirmation of receipt after receiving this notification.

Vurige Kaars will reimburse all payments made by the consumer, including any delivery costs charged by Vurige Kaars for the returned product, promptly but no later than 14 days following the day on which the consumer notifies the withdrawal. Unless Vurige Kaars offers to collect the product itself, it may wait to refund until it has received the product or until the consumer proves that they have returned the product, whichever is earlier.

Vurige Kaars will use the same payment method used by the consumer for the refund, unless the consumer agrees to another method. The refund is free of charge for the consumer.

If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, Vurige Kaars does not have to refund the additional costs for the more expensive method.

Article 10 – Performance of the Agreement and Additional Guarantee

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

Article 11 – Delivery and Execution

Vurige Kaars will exercise the utmost care when receiving and executing 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.

Subject to what is stated in Article 4 of these general terms and conditions, Vurige Kaars will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

After dissolution according to the previous paragraph, Vurige Kaars will promptly refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with Vurige Kaars until the moment of delivery to the consumer or a designated representative made known to Vurige Kaars, unless explicitly agreed otherwise.

Article 12 – Complaints Procedure

Vurige Kaars has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints about the execution of the agreement must be submitted to Vurige Kaars fully and clearly described within a reasonable time after the consumer has detected the defects.

Complaints submitted to Vurige Kaars will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Vurige Kaars will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

The consumer must give Vurige Kaars at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the disputes procedure.

Article 13 – Disputes

Only Dutch law applies to agreements between Vurige Kaars and the consumer to which these general terms and conditions apply.

Vurige Kaars | General Terms and Conditions, drawn up on August 1, 2024