Terms & conditions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer can exercise their right of withdrawal.
Consumer: a natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.
Day: a calendar day.
Continuous transaction: a distance agreement related to a series of products and/or services, with obligations to supply and/or purchase spread over time.
Durable data carrier: any means that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future reference and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance agreement within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely.
Distance agreement: an agreement where, within the framework of a system organized by the entrepreneur for remote sales of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for remote communication are used.
Technique for remote communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same room simultaneously.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Company Name: Valuelify - Toronto
Chamber of Commerce Number: 90455738
Trade Name: Valuelify - Toronto
VAT Number: NL004817067B38
Customer Service Email: Infovaluelify@gmail.com
Business Address: Zethuisterweg, 9363VN, Marum, Netherlands
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and every distance agreement and order concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance agreement is concluded, where the general terms and conditions can be reviewed and that they will be sent free of charge upon request.
If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate where the general terms and conditions can be reviewed electronically and that they will be sent electronically or otherwise free of charge upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly, and the consumer can always rely on the applicable provision most favorable to them in case of conflicting terms.
If one or more provisions of these general terms and conditions are at any time wholly or partially nullified or voided, the agreement and these terms remain in force for the remainder, and the relevant provision will be replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.
Situations not covered in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of these terms must also be interpreted "in the spirit" of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.
The offer is non-binding. The entrepreneur has 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they will be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images accompanying products are a truthful representation of the products offered. However, the entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
Every offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with the acceptance of the offer. This includes, in particular:
- The price, excluding customs clearance fees and import VAT. These additional costs are the responsibility of the customer. The postal and/or courier service will use the special arrangement for postal and courier services regarding imports. This arrangement applies if goods are imported into the EU country of destination, which is applicable in this case. The postal and/or courier service collects the VAT (possibly along with the charged clearance fees) from the recipient of the goods;
- Any shipping costs;
- The method by which the agreement will be concluded and the steps required to do so;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the agreement;
- The period for accepting the offer or the period within which the entrepreneur guarantees the price;
- The rate for distance communication if the cost of using the distance communication technology is calculated on a basis other than the regular base rate for the communication medium used;
- Whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- The way in which the consumer can check and, if necessary, correct the information provided in the context of the agreement before its conclusion;
- Any other languages in which, besides Dutch, the agreement can be concluded;
- The codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
- The minimum duration of the distance contract in case of a long-term transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, gather information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will include the following information with the product or service for the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- The address of the entrepreneur's establishment 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 statement regarding the exclusion of the right of withdrawal;
- Information about guarantees and existing after-purchase services;
- The data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- The requirements for terminating the agreement if it has a duration of more than one year or is indefinite.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to terminate the agreement without providing any reason within 14 days. This cooling-off period starts the day after the consumer, or a representative designated by the consumer and communicated to the entrepreneur, receives the product.
During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If the consumer exercises their right of withdrawal, the product, including all accessories and, if reasonably possible, in its original condition and packaging, must be returned to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product and no later than 30 days after placing the order. This notification must be made in writing or via email. Once the consumer has communicated their intention to withdraw, they must return the product within 14 days. The consumer must provide proof of timely return, such as a shipping receipt.
If the consumer fails to notify the entrepreneur of their intention to withdraw within the terms stated in paragraphs 2 and 3, or fails to return the product, the purchase is considered final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the product are borne by the consumer.
If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the refund is subject to the condition that the product has been received by the entrepreneur or that conclusive proof of its complete return has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- That have been created 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;
- Whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;
- That are individual newspapers and magazines;
- That are audio and video recordings or computer software where the consumer has broken the seal;
- That are hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- Relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
- Where delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
- Concerning betting and lotteries.
Article 9 – Price
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur cannot influence, at variable prices. This dependence on fluctuations and the fact that any listed prices are target prices will be mentioned in the offer.
Price increases within three months after concluding the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- They are the result of statutory regulations or provisions; or
- The consumer has the right to terminate the agreement as of the day the price increase takes effect.
The place of delivery is determined based on Article 5, Paragraph 1 of the VAT Act 1968, where the transportation begins. In this case, delivery takes place outside the EU. Accordingly, import VAT or customs clearance costs will be collected from the customer by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.
Additional import clearance fees and/or customs duties are not included in the price and are the responsibility of the customer.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for any individual application 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 altered the delivered products themselves or had them repaired and/or altered by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions or the packaging;
- The defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
The delivery address is the address provided by the consumer to the entrepreneur.
In accordance with Article 4 of these terms and conditions, the company will process 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 or only partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to terminate the agreement without cost and may be entitled to compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of a product proves impossible, the entrepreneur will strive to make a replacement product available. Clear and comprehensible notification of this will be provided at the time of delivery. For replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are 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 in advance and communicated to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Termination
- The consumer may terminate an agreement entered into for an indefinite period, 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 an agreement entered into for a fixed period, 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 agreements mentioned in the previous clauses:
- At any time and not be limited to termination at a specific time or during a particular period;
- Using the same method by which the agreement was entered into;
- Always with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
- Agreements entered into for a fixed period, involving the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a fixed period.
- By exception to the previous clause, agreements for a fixed period involving the regular delivery of daily, news, or weekly newspapers and magazines may be tacitly extended for a maximum period of three months if the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
- Agreements for a fixed period involving the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate them at any time with a notice period of no more than one month. A notice period of no more than three months may apply if the agreement involves the regular, but less than monthly, delivery of daily, news, or weekly newspapers and magazines.
- Agreements with a limited duration for the regular trial delivery of daily, news, or weekly newspapers and magazines (trial or introductory subscriptions) shall not be tacitly renewed and shall end automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.
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(1). For service agreements, this period begins once the consumer has received confirmation of the agreement.
- The consumer is obligated to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs previously communicated to them.
Article 14 – Complaints Procedure
- Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
- A complaint does not suspend the entrepreneur's obligations unless the entrepreneur has indicated otherwise in writing.
- If a complaint is deemed valid by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer, to which these general terms and conditions apply, are governed exclusively by Dutch law, even if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and tightened in 2024 concerning the "Amendment to the Turnover Tax Act 1968 (Implementation Directive Payment Service Providers)" and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.