Terms and Conditions

Terms and Conditions

This website is operated by VOB-Commerce. Throughout the site, the terms “we,” “us,” and “our” refer to VOB-Commerce. VOB-Commerce provides this website, including all information, tools, and services available from this site, to you (the user) conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and policies referenced herein and/or available via hyperlink. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

All new features or tools which are added to the current store are likewise subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

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Article 1 – Definitions

In these Terms, the following terms shall have the following meanings:

• “Reflection period”: the period during which the consumer may exercise their right of withdrawal.

• “Consumer”: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.

• “Day”: calendar day.

• “Continuing performance contract”: a distance contract for the supply of a series of products and/or services, to be provided over time.

• “Durable medium”: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future reference and unchanged reproduction.

• “Right of withdrawal”: the option for the consumer to withdraw from the distance contract within the reflection period.

• “Entrepreneur”: the natural or legal person offering products and/or services at a distance to consumers.

• “Distance contract”: a contract concluded within a system organized by the entrepreneur for distance sale of products and/or services, in which up to and including the conclusion of the contract only one or more means of distance communication are used.

• “Means of distance communication”: any means that can be used for the conclusion of a contract without the consumer and entrepreneur meeting simultaneously in the same location.

• “Terms and Conditions”: these General Terms and Conditions of the entrepreneur.

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Article 2 – Identity of the Entrepreneur

• E‑mail address: vobcommerce@gmail.com

• Company name: VOB-Commerce

• Chamber of Commerce number: 97902055

• Address: Waemelslant 92, 6931HN Westervoort, Netherlands

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Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order between the entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms shall be made available to the consumer. If this is not reasonably possible, the consumer will be informed, prior to the conclusion of the distance contract, that the general terms are available at the entrepreneur’s premises and will be sent by the entrepreneur on request, free of charge, as soon as possible.

If the distance contract is concluded electronically, and as opposed to above, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can store them in a durable medium easily. If this is not reasonably possible, prior to the conclusion of the contract, the consumer will be informed where the general terms can be inspected electronically and that they will be sent by electronic means or otherwise, free of charge, on request.

In case, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply accordingly, and the consumer may always rely on the provision most advantageous to them in case of conflicting terms.

If one or several provisions of these terms are null or annulled, the remaining provisions remain fully valid. The nullified provision shall be replaced in consultation, as soon as possible, by a provision that approximates the intent of the original as closely as possible.

Situations not regulated by these terms shall be judged according to the spirit of these terms. Ambiguities regarding interpretation or content of any provision shall be interpreted in the spirit of the terms.

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Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, that will be explicitly mentioned in the offer. Offers are without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If images are used, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative only and cannot lead to compensation or rescission of the contract.

Product images are truthful depictions of the offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual product colors.

Each offer will contain such information that makes it clear to the consumer what rights and obligations are attached to acceptance of the offer. In particular, this pertains to:

• the price (excluding customs duties and import VAT; extra costs are borne by the customer; the courier service will use special postal arrangements for import VAT and customs, collected from the recipient)

• shipping costs, if any

• the manner in which the contract is concluded and what acts are required

• whether the right of withdrawal applies

• payment, delivery, and execution methods

• period for acceptance of the offer or validity of price guarantee

• communication costs if the distance communication is charged differently from the normal basic rate

• whether the contract will be archived and how the consumer can inspect it

• how the consumer can review and correct data before concluding the contract

• other languages in which the contract can be concluded, if applicable

• codes of conduct followed by the entrepreneur and how consumers can review them electronically

• the minimum duration of the contract in case of a continuing performance contract (optional: available sizes, colors, materials)

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Article 5 – The Agreement

The contract is formed, subject to Section 4(4), at the moment the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt electronically. Until receipt is confirmed, the consumer may dissolve the contract.

If concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to secure electronic data transmission and provide a safe web environment. If electronic payment is possible, the entrepreneur will take appropriate security measures.

Within legal boundaries, the entrepreneur may verify whether the consumer can fulfil payment obligations and other relevant factors before entering into the distance contract. If the entrepreneur has justifiable doubts, they may refuse or apply special conditions to the order.

The entrepreneur will provide the consumer with the following information, in writing or in accessible, durable format:

1. the merchant’s physical address for complaints

2. conditions and procedure for exercising the right of withdrawal, or a clear notice if it is excluded

3. warranty and after-sales service details

4. data from Article 4(3), unless already provided before execution of the contract

5. termination requirements for contracts longer than one year or indefinite duration

For continuing performance contracts, the foregoing applies only to the initial delivery.

Any contract is subject to availability of the ordered products.

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Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to cancel the contract without giving reasons within 14 days. This period starts the day after the consumer—or their appointed representative—receives the product.

During this period, the consumer must handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to determine whether they wish to retain it. If returning the product, it must be returned with all accessories, in original condition and packaging, following clear and reasonable instructions provided by the entrepreneur.

To invoke this right, the consumer must do so in writing or by email within 14 days of receipt. After notifying, the consumer must return the product within 14 days. The consumer must prove timely return, for example via proof of postage. If the consumer fails to notify or return the product within these periods, the purchase is final.

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Article 7 – Costs in Case of Withdrawal

If the consumer exercises the withdrawal right, return shipping costs are borne by the consumer. The entrepreneur will refund any payment made as soon as possible, but no later than 14 days after withdrawal—subject to receipt of the product or proof of return.

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Article 8 – Exceptions to the Right of Withdrawal

The entrepreneur may exclude withdrawal rights for certain products or services, provided this is clearly stated in the offer or before concluding the contract.

Products exempt from withdrawal rights include those:

1. made to consumer specifications

2. clearly personal in nature

3. not returnable due to their nature

4. perishable or likely to expire soon

5. whose price fluctuates in financial markets beyond the entrepreneur’s control

6. loose newspapers and magazines

7. audio/video recordings and computer software once unsealed

8. sealed hygiene products once unsealed

Services exempt include:

1. related to accommodation, transport, catering, or leisure on a specific date or period

2. where delivery began with consumer’s explicit consent before the reflection period ended

3. relating to betting or lotteries

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Article 9 – Price

During the offer’s validity, prices of products or services will not be increased, except due to VAT changes.

Variable pricing may apply for products or services whose prices are tied to uncontrollable financial market fluctuations; this is indicated in the offer.

Price increases less than three months after contract formation are only allowed if due to legal regulations. Increases after three months require agreement from the consumer and may result in termination rights unless legally mandated.

Delivery occurs where the VAT liability stands per Dutch tax law, here assumed outside the EU, so VAT is collected by the courier upon delivery. The entrepreneur will not charge VAT.

All prices are subject to typographical errors. The entrepreneur is not liable for mistakes and is not obliged to supply at incorrect prices.

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Article 10 – Conformity and Guarantee

The entrepreneur warrants that products/services meet the contract, described specifications, reasonable fitness, and applicable legal and governmental standards existing on the contract date. If agreed, the product must also suit non-normal usage.

Any manufacturer or supplier warranty does not affect the consumer’s statutory rights.

Defects or incorrect deliveries must be reported in writing within 14 days of delivery. Return should be in original packaging and unused.

The entrepreneur’s warranty matches any manufacturer warranty. The entrepreneur is not liable for suitability for individual application or advice.

Warranty does not cover if:

• the consumer or third parties have repaired or altered the product

• the product was subject to abnormal conditions, misuse, or contrary to instructions

• defects arise due to government-imposed standards unrelated to the entrepreneur

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Article 11 – Delivery and Execution

The entrepreneur handles orders carefully. Accepted orders will be processed as soon as possible, and at most within 30 days—unless agreed otherwise.

If delivery is delayed or cannot be fulfilled, the consumer is informed no later than 30 days after ordering. The consumer may then cancel the agreement free of charge and may be entitled to compensation.

On cancellation, the entrepreneur refunds the paid amount within 14 days.

If a product is unavailable, the entrepreneur will attempt to provide a replacement, and this will be clearly noted upon delivery. The right of withdrawal still applies to replacements. Return shipping costs are borne by the entrepreneur.

Risk of loss or damage remains with the entrepreneur until delivery to the consumer or their duly authorized representative, unless otherwise agreed.

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Article 12 – Continuing Performance Contracts: Duration, Termination, Extension

Termination

• A contract for indefinite duration for regular delivery may be terminated by the consumer at any time with up to one-month notice, subject to agreed terms.

• For fixed-duration contracts, the consumer may terminate at the end of the term with up to one-month notice.

• Such contracts may be cancelled at any time, not limited to specific periods, using the same method and notice period as for the entrepreneur.

Extension

• Fixed-duration contracts cannot be tacitly renewed for a fixed term, except for newspapers, magazines, or periodicals, which may be extended for up to three months with the consumer able to cancel at that time with one-month notice.

• Fixed-duration contracts for goods or services may be silently renewed into indefinite contracts only if the consumer may cancel at any time with up to one-month notice; or three months notice for periodicals delivered less often than once a month.

• Introductory subscriptions terminate automatically and are not tacitly continued.

Duration
Contracts longer than one year may be terminated by the consumer at any time after one year with up to one-month notice, unless fairness and reasonability oppose early termination.

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Article 13 – Payment

Unless otherwise agreed, amounts due must be paid within 7 calendar days after the reflection period begins (or after the contract confirmation for services).

The consumer must immediately notify inaccuracies in payment details.

In case of default, the entrepreneur may charge legally allowed reasonable costs disclosed beforehand.

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Article 14 – Complaints Procedure

Complaints about contract execution must be submitted clearly and fully to the entrepreneur within 7 days of the consumer noticing the defect.

The entrepreneur responds within 14 days of receipt. If longer processing is needed, the entrepreneur acknowledges the complaint within 14 days and provides an estimated handling time.

Submitting a complaint does not suspend obligations unless stated in writing otherwise.

If a complaint is upheld, the entrepreneur will, at its discretion, replace or repair the product free of charge.

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Article 15 – Disputes

Dutch law applies exclusively to agreements between the entrepreneur and consumer, even if the consumer resides abroad.

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Article 16 – Contact Information

Questions regarding these Terms of Service can be sent to us at: contact@montivre.com

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