Terms and Conditions

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

Withdrawal period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of a trade or profession and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or acceptance obligation is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future reference and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, only one or more means of remote communication are used up to and including the conclusion of the contract;

Means of remote communication: any means that can be used to conclude a contract without the consumer and the entrepreneur being physically present in the same location at the same time;

Terms and Conditions: these Terms and Conditions of the entrepreneur;

Article 2 – Applicability

These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, and notwithstanding the previous paragraph, the text of these Terms and Conditions may be made available to the consumer electronically before the distance contract is concluded, 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 before the distance contract is concluded where the Terms and Conditions can be accessed electronically and that they will be sent to the consumer electronically or by other means free of charge upon request.

In the event that in addition to these Terms and Conditions, specific product or service terms also apply the second and third paragraph shall apply accordingly and in the case of conflicting terms, the consumer may always invoke the provision that is most favorable to them.

If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these Terms and Conditions shall remain in force for the remainder, and the relevant provision shall be promptly replaced by a provision that, as closely as possible, reflects the intent of the original, by mutual agreement.

Any situations not explicitly covered by these Terms and Conditions shall be handled in accordance with the intent of these Terms and Conditions.

Any ambiguities in the interpretation or content of one or more provisions of our Terms and Conditions shall be resolved in accordance with the intent of these Terms and Conditions.

Article 3 – The Offer

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

The offer is without obligation. The entrepreneur reserves the right to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or manifest errors in the offer shall not be binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or the dissolution of the contract.

Images of products provide a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This specifically includes:

the price, excluding shipping costs, applicable sales tax, and any customs duties or import taxes. These additional charges are the responsibility and at the risk of the customer. Shipping carriers may collect such charges from the recipient upon delivery;

any applicable shipping costs;

the process by which the contract is concluded and the steps required to complete it;

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 during which the entrepreneur guarantees the price;

the amount of any charges for remote communication if the costs of using the means of remote communication are calculated on a basis other than the standard rate for the used communication method;

whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer;

the way in which the consumer can review and, if desired, correct the information provided by them before concluding the contract;

any other languages in which the contract can be concluded besides English;

the codes of conduct to which the entrepreneur has committed, and how the consumer can access these codes electronically;

the minimum duration of the distance contract in the case of a continuous transaction;

Optional: available sizes, colors, and types of materials.

Article 4 – The Contract

The contract, subject to the provisions of paragraph 4, is concluded at the moment the consumer accepts the offer and fulfills the conditions attached thereto.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.

If the contract is concluded electronically, the entrepreneur shall implement appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur shall take appropriate security measures.

Within the limits of the law, the entrepreneur may verify whether the consumer is able to meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If, based on this assessment, the entrepreneur has valid grounds not to conclude the contract, they are entitled to refuse an order or request with justification, or to attach specific conditions to its fulfillment.

The entrepreneur shall provide the consumer, together with the product or service, the following information, in writing or in such a way that it can be stored by the consumer in an accessible format on a durable medium:

the business address of the entrepreneur where the consumer can direct complaints;
the conditions and procedures for exercising the right of withdrawal, or a clear statement if the right of withdrawal does not apply;
information about warranties and any after-sales service;
the information referred to in Article 4, paragraph 3 of these Terms, unless the entrepreneur 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 is of indefinite duration.

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

Each contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 30 days. This reflection period starts the day after the consumer, or a representative designated by the consumer and known to the entrepreneur, receives the product.

During the withdrawal period, the consumer shall handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product, including all accessories, and - where reasonably possible - in its original condition and packaging to the entrepreneur, following any reasonable and clear instructions provided by the seller.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. The notification must be made in writing, for example via email. After notifying the entrepreneur of their intention to withdraw, the consumer must return the product within 30 days. The consumer must provide proof that the returned goods were sent in a timely manner, for example by providing a shipping receipt.

If the consumer has not notified the seller of their intention to exercise the right of withdrawal within the periods referred to in paragraphs 2 and 3, or has not returned the product to the entrepreneur within these periods, the purchase is considered final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after withdrawal. This is conditional upon the product having been received by the entrepreneur, or the consumer providing proof of a complete return.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the contract is concluded.

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

products created by the entrepreneur according to the consumer’s specifications;
products that are clearly of a personal nature;
products that, by their nature, cannot be returned;
products that may spoil or expire quickly;
products whose price is subject to fluctuations in the financial market over which the seller has no control;
single newspapers and magazines;
audio and video recordings, as well as computer software, if the consumer has broken the seal;
hygienic products if the consumer has broken the seal.

The right of withdrawal may only be excluded for services:

services related to accommodation, transportation, catering, or leisure activities to be performed on a specific date or during a specific period;
services where performance has begun with the consumer’s explicit consent before the end of the withdrawal period;
services related to bets and lotteries.

Article 8 – Price

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 legal regulations or taxes (for example, import duties or any applicable import duties or customs fees).

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the seller has no control, at variable prices. This susceptibility to fluctuations and the fact that any prices shown may be indicative are stated in the offer.

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

Price increases from 3 months after the conclusion of the contract are only permitted if the seller has agreed to this and:

they are the result of legal regulations or provisions; or
the consumer has the right to terminate the contract as of the day the price increase takes effect.

The place of delivery is the country where the shipment begins. Any import duties, customs fees, or local sales tax upon delivery in the United States are the responsibility of the consumer. These charges will be collected by the carrier or U.S. customs and are not collected by the entrepreneur.

All prices are subject to typographical errors. No liability is accepted for the consequences of typographical errors. In case of typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 9 – Identity of the entrepreneur

Company name: Vomumu

Business address: Kuifduikerstraat 46, 2492 PJ, The Hague, Netherlands

E-mail : info@vomumu-boutique.com

Chamber of Commerce number: 98152815

VAT identification number: NL005310898B02

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations in effect on the date of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights or claims under the contract against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Returned products must be sent in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by a third party;

The delivered products have been exposed to abnormal conditions, treated carelessly, or handled contrary to the entrepreneur’s instructions and/or the instructions on the packaging;

The defectiveness is wholly or partly the result of regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the utmost care when receiving and fulfilling orders for products.

The place of delivery is the address provided by the consumer to the company..

Subject to the provisions of Article 4 of these Terms and Conditions, the company will fulfill accepted orders promptly, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled in full, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract at no cost and may be entitled to compensation.

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

If delivery of an ordered product proves to be impossible, the entrepreneur will make reasonable efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. Any return costs for replacement items will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuous Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract of indefinite duration, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract, which involves the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

terminate at any time and not be restricted to termination at a specific time or during a specific period;

at least by the same method as the contract was entered into;

always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

A fixed-term contract, which involves the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily, weekly, or monthly newspapers and magazines may be tacitly renewed for a maximum period of three months, provided that the consumer may terminate the extended contract at the end of the renewal period with a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and with a notice period of no more than three months in the case of a contract for the regular, but less than monthly, delivery of daily, weekly, or monthly newspapers and magazines.

A fixed-term contract for the regular introductory delivery of daily, weekly, or monthly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically terminate at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment information provided or indicated.

In the event of the consumer’s default in payment, the entrepreneur, subject to legal limitations, has the right to charge reasonable costs that have been communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

Filing a complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

These Terms and Conditions and any contracts between the entrepreneur and the consumer are governed exclusively by Dutch law. This applies even if the consumer resides abroad. Nothing in these Terms and Conditions affects mandatory consumer protection laws applicable in the consumer’s country of residence.