Terms and service
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period : The period within which the consumer can exercise his right of withdrawal;
Consumer : The natural person who is not acting in the course of a profession or business and who enters into a distance selling contract with the entrepreneur;
Day : Calendar day;
Duration transaction : A distance sales agreement concerning a number of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium : Any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future retrieval and unchanged reproduction of the stored information.
Right of withdrawal : The consumer's option to withdraw from the distance sales contract within the withdrawal period;
Entrepreneur : The natural or legal person who offers products and/or services to consumers at a distance;
Distance sales contract : A contract where, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, one or more techniques of distance communication are used exclusively up to and including the conclusion of the contract;
Distance communication techniques : Means that can be used to conclude an agreement without the consumer and the entrepreneur being together in the same room at the same time.
General Terms and Conditions: the current general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name:
Chamber of Commerce number:
Trade name: Vera-brisbane
Moms number:
Email to customer service: info@vera-brisbane.com
Business address:
Article 3 - Applicability
These general terms and conditions apply to any offer from the entrepreneur and to any distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions must be made available to the consumer. If this is not reasonably possible before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the preceding paragraph and before the distance contract is concluded, 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most advantageous to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be immediately replaced by mutual agreement with a provision that approximates the original purpose as closely as possible.
Situations not covered by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall 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 expressly stated in the offer.
The offer is not binding. The entrepreneur has the right to change 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 correct assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes 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 true representation of the products offered. The Operator cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
the price, excluding customs clearance fees and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services in connection with imports. This scheme applies if the goods are imported into the country of destination in the EU, which is the case in this case. The postal and/or courier service collects the VAT (whether or not it is collected together with the customs clearance fees) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and what actions are necessary to do so;
whether the right of withdrawal applies or not;
the method of payment, delivery and performance of the agreement;
the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the general basic rate for the communication technique used;
whether the agreement is archived after its conclusion, and if so, how the consumer can access it;
the manner in which the consumer, before concluding the contract, can check the information he has provided under the contract and, if desired, correct it;
any other languages in which the agreement can be concluded in addition to Dutch;
the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically, and
the minimum duration of the distance contract in the case of a duration transaction.
Optional: available sizes, colors, material types.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the contract is concluded at the time when the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the trader 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 may dissolve the agreement.
If the contract is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to protect the electronic transmission of data and must ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate security measures.
The entrepreneur can - within legal limits - inform himself about whether the consumer can meet his payment obligations, as well as about all the facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he has the right to reject an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- visiting address of the trader's business to which the consumer can contact with complaints;
- the conditions and manner in which the consumer may exercise his right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;
- information about warranties and existing after-sales service;
- the data included in Article 4(3) of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into on the condition that there is sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the right to cancel the contract without giving any reason within 14 days. This withdrawal period starts on the day after the consumer or a representative previously designated by the consumer and notified to the entrepreneur receives the product.
During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer should only unpack the product or use it to the extent necessary to assess whether the consumer wants to keep the product. If the consumer exercises his right of withdrawal, the consumer returns the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging in accordance with the reasonable and clear instructions given by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, the consumer is obliged to inform the trader of this within 14 days of receipt of the product. The consumer must make this known by means of a written notification/email. Once the consumer has notified that he wishes to exercise the right of withdrawal, the consumer must return the product to its place of origin within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, e.g. by means of a proof of dispatch.
If the consumer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in the event of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive evidence of complete return can be provided.
Article 8 - 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 only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- produced by the entrepreneur in accordance with the consumer's specifications;
- which is clearly of a personal nature;
- which by their nature cannot be returned;
- which can be destroyed or aged quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for some newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer.
- for hygiene products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
- if delivery has begun with the consumer's express consent before the withdrawal period has expired;
- About betting and lotteries.
Article 9 - The price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, with the exception of 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 that are beyond the entrepreneur's control, with variable prices. This connection to fluctuations and the fact that any prices stated are target prices must be stated with the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they result from legal provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated it and:
- they result from legal provisions or regulations, or
- The consumer has the option to terminate the agreement from the day the price increase takes effect.
According to Section 5(1) of the Sales Tax Act 1968, the place of delivery is the country where the transport begins. In this case, the delivery takes place outside the EU. The postal or courier service will then collect import VAT or customs duties from the customer. Therefore, no VAT will be charged to the entrepreneur.
All prices are subject to printing and pricing errors. No liability is accepted for the consequences of printing and pricing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Compliance and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements for obedience and/or usability and the existing legal provisions and/or government regulations on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defective or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual use by the consumer or 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 had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur's instructions and/or treated on the packaging;
The deficiency is wholly or partly a result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and performance
The entrepreneur will ensure the greatest possible care when receiving and fulfilling orders for products.
The place of delivery is the address that the consumer has provided to the company.
Subject to what is stated in Article 4 of these General Terms and Conditions, the Company will execute accepted orders with reasonable speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot or cannot be executed in part, the consumer will be informed of this no later than 30 days after the order was placed. In such a case, the consumer has the right to terminate the agreement without any costs and the right to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavour to deliver a replacement product. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement product is being delivered. With a replacement product, 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 time of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and renewal
Termination
The consumer may terminate a contract of indefinite duration concluded for the regular supply of products or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract concluded for the regular supply of products or services at any time towards the end of the fixed-term period, subject to agreed termination rules and a notice period of no more than one month.
The consumer may amend the agreements mentioned in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or for a specific period;
at least terminate them in the same way as they were entered into by the consumer;
always terminate with the same notice period that the entrepreneur has set for himself.
Enlargement
An agreement concluded for a specific period of time and involving the regular supply of products or services cannot be tacitly extended or renewed for a specific period of time.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers may be tacitly extended for a fixed-term period of no more than three months if the consumer can terminate this renewed contract at the end of the extension period with a notice period of no more than one month.
A fixed-term contract concluded for the regular supply of goods or services may only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time with a notice period not exceeding one month, and with a notice period not exceeding three months if the contract concerns the regular, but less than once a month, supply of daily or weekly newspapers.
A time-limited agreement for regular delivery of daily newspapers or weekly magazines as an introduction (trial or introductory subscription) is not tacitly continued and automatically terminates 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 fairness and equity preclude termination before the expiry of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the beginning of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has a duty to immediately report inaccuracies in payment information provided or mentioned to the entrepreneur.
In the event of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs known to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the fulfillment of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the deficiencies.
Complaints submitted to the entrepreneur will be responded to within a period of 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 a notification of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that can be resolved by dispute resolution.
A complaint does not suspend the operator's obligations unless the operator states otherwise in writing.
If the Operator finds a complaint justified, the Operator will, at its sole discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively subject to Dutch law, even if the consumer is resident abroad.
Article 16 - CESOP
Due to the measures introduced and tightened from 2024 regarding the 'Amendment of the Turnover Tax Act 1968 (Act implementing the Payment Service Providers Directive)' and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers can register data in the European CESOP system.