Terms and Conditions
Article 1 – Definitions
The following definitions apply under these conditions:
Reflection Period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
Day: calendar day;
Ongoing Performance Contract: a distance contract for a series of products and/or services whose delivery and/or purchase obligation extends over a certain period;
Durable Medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged 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 to consumers remotely;
Distance Contract: a contract whereby, within a system organized by the entrepreneur for the distance sale of products and/or services, one or more distance communication techniques are used exclusively up to the conclusion of the contract;
Distance Communication Technology: means by which a contract can be concluded without the consumer and entrepreneur being physically present in the same place at the same time.
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Phone: +31658961662
E-mail: info@vamosmode.com
Company Name: Vamos-mode
Address: Methaanweg 10, Amsterdam 1041 AJ, Netherlands
Article 3 – Applicability
These General Terms and Conditions apply to every offer of the entrepreneur as well as to every distance contract concluded between the entrepreneur and the consumer and every order.
Before concluding the distance contract, the consumer will be provided with the text of these General Terms and Conditions. If this is not reasonable, the consumer will be informed before concluding the distance contract that the General Terms and Conditions are available for inspection at the entrepreneur and will be sent free of charge as soon as possible upon the consumer's request.
If the distance contract is concluded electronically, the text of these General Terms and Conditions may, contrary to the preceding paragraph, be made available to the consumer electronically in a readable form before concluding the distance contract or simply stored on a durable medium. If this is not reasonable, it will be indicated before concluding the distance contract where the General Terms and Conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request.
In the event that, in addition to these General Terms and Conditions, specific product or service conditions also apply, paragraphs 2 and 3 shall apply accordingly, and in the case of conflicting general terms and conditions, the consumer may always rely on the provision that is most favorable to them.
Should one or more provisions of these General Terms and Conditions be wholly or partially invalid or declared invalid at any time, the contract and these General Terms and Conditions shall remain in effect otherwise, and the relevant provision shall be immediately replaced by mutual consultation with a provision that comes as close as possible to the original.
Situations not regulated in these General Terms and Conditions must be assessed "in the sense" of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the sense" 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 stated in the offer.
The offer is non-binding. The entrepreneur is entitled 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 allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these represent a truthful depiction of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot lead to compensation or contract termination.
Product images are 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 such information that it is clear to the consumer which rights and obligations are associated with accepting the offer. This particularly concerns:
- the price, excluding customs clearance costs and import VAT. These additional costs are borne and at the risk of the customer. The postal and/or courier service uses the special scheme for postal and courier services for import. This scheme applies when the goods are imported into the EU destination country, which is the case here. The postal and/or courier service charges the VAT (possibly together with the invoiced customs clearance costs) to the recipient of the goods;
- any shipping costs;
- how the contract is concluded and what measures are required for this;
- whether the right of withdrawal applies or not;
- the type of payment, delivery, and performance of the contract;
- the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
- the amount of the distance communication charge if the costs for using the distance communication technology are calculated on a basis other than the regular basic rate for the communication means used;
- whether the contract will be archived after conclusion and, if so, how the consumer can access it;
- how the consumer can review and, if desired, correct the data provided by them in the context of the contract before concluding the contract;
- all other languages in which the contract can be concluded besides Dutch;
- the codes of conduct to which the entrepreneur has committed and how the consumer can electronically access these codes of conduct; and
- the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The Agreement
The contract is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and complies with the specified conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can withdraw from the contract.
If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take corresponding security measures.
Within the framework of legal provisions, the entrepreneur may inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this investigation not to conclude the contract, they are entitled to reject an order or inquiry with reasons or to attach special conditions to the execution.
The entrepreneur provides the consumer with the following information in writing or in a way that can be stored by the consumer on a durable data carrier with the product or service:
- the visiting address of the entrepreneur’s branch where the consumer can direct complaints;
- the conditions and the manner in which the consumer can exercise the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
- the information about warranties and existing customer service;
- the information contained in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the contract was concluded;
- the conditions for terminating the contract if the contract has a term of more than one year or is indefinite.
In the case of a continuous transaction, the regulation in the preceding paragraph applies only to the first delivery.
Every contract is concluded under the condition precedent of sufficient availability of the respective products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to cancel the contract without giving reasons within 14 days. This reflection period begins the day after the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur receives the product.
During the reflection period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they want to keep it. If they exercise their right of withdrawal, they will return the product with all included accessories and – as far as reasonably possible – in its original condition and original packaging according to the reasonable and clear instructions of the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the entrepreneur within 14 days of receiving the goods. The consumer must do this by written notice/email. After the consumer has informed that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.
If the customer has not declared after the deadlines mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the consumer bears the costs of returning the products.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The prerequisite for this is that the product has already been received back by the online retailer or conclusive proof of the complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products according to 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 time before the conclusion of the contract.
An exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to the consumer's specifications;
- that are clearly of a personal nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price is subject to fluctuations on the financial market that the entrepreneur cannot influence;
- for individual newspapers and magazines;
- for audio and video recordings as well as computer software whose seal the consumer has broken.
- for hygiene products whose seal the consumer has broken.
An exclusion of the right of withdrawal is only possible for services:
- in relation to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
- with their delivery having begun with the express consent of the consumer before the withdrawal period expires;
- around betting and lotteries.
Article 9 – The Price
During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, the entrepreneur may offer products or services with variable prices, whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. The offer explicitly points out this fluctuation liability and the fact that the prices stated are guideline prices.
Price increases within 3 months after the conclusion of the contract are only permitted if they are based on legal provisions or regulations.
Price increases after 3 months from the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:
- these arise from legal provisions or regulations; or
- The consumer has the right to terminate the contract effective from the day the price increase takes effect.
According to Article 5 paragraph 1 of the 1968 Value Added Tax Act, the place of delivery is the country where the transport begins. In this case, this delivery takes place outside the EU. Subsequently, the postal or courier service charges the import VAT or customs clearance fees to the customer. Therefore, no VAT is charged by the entrepreneur.
All prices are subject to printing and typing errors. No liability is assumed for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for reliability and/or usability, as well as the legal provisions and/or official regulations applicable at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than the usual ones.
A guarantee from the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. However, the entrepreneur is not liable for the final suitability of the products for each individual application by the consumer nor for any instructions regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties;
The delivered products were exposed to abnormal conditions or were otherwise handled negligently or did not comply with the entrepreneur’s and/or packaging instructions;
The defect is wholly or partly due to regulations issued or to be issued by the government regarding the type or quality of materials used.
Article 11 – Delivery and Execution
The entrepreneur exercises the utmost care when receiving and executing product orders.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions in Article 4 of these General Terms and Conditions, the company will promptly execute accepted orders, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or 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 contract free of charge and is entitled to any compensation.
In the event of termination according to 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 the delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The entrepreneur bears the cost of any return shipment.
The risk of damage and/or loss of the products lies with the entrepreneur until the time of delivery to the consumer or a representative named in advance and communicated to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Term, Cancellation, and Renewal
Termination
The consumer can terminate a contract concluded for an indefinite period, which covers the regular delivery of products (including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract concluded for a fixed period covering the regular delivery of products (including electricity) or services at any time at the end of the fixed term, taking into account the agreed termination rules and a notice period of at least up to one month.
The consumer may terminate the contracts mentioned in the preceding paragraphs:
terminate at any time and not be restricted to termination at a specific time or within a specific period;
terminate at least in the same manner as agreed by them;
Always terminate with the same notice period that the entrepreneur has agreed for themselves.
Extension
A contract concluded for a fixed period covering the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a fixed period.
Contrary to the preceding paragraph, a contract concluded for a fixed period covering the regular delivery of daily news as well as weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer refuses to accept this extended agreement; the consumer may terminate the extension with a notice period of no more than one month.
A contract concluded for a fixed period covering the regular delivery of products or services can only be tacitly extended indefinitely if the consumer can terminate at any time with a notice period of no more than one month, or with a notice period of no more than three months if the agreement covers regular delivery of daily, news, and weekly newspapers and magazines less than once a month.
A fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines as an introductory (trial or introductory subscription) will not be tacitly renewed and automatically ends after the trial or introductory period expires.
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 reasonableness oppose termination before the agreed term expires.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period mentioned in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the payment data transmitted or communicated to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer reasonable costs in advance.
To optimize the payment process, a partnership was established with: DG ECOM BV, based in Veenendaal (Netherlands). This means that all credit card payments are forwarded to DG ECOM BV, which then forwards them to FUZHOUSHICANGSHANQUJINSHANZHOUXIAOLIANGFUZHUANGCHANG. DG ECOM BV is therefore in no way liable for any defects resulting from the purchase.
Article 14 – Complaint Procedure
Complaints about contract performance must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints addressed to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises which is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
For contracts between the entrepreneur and the consumer to which these General Terms and Conditions apply, exclusively Dutch law applies. Even if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and tightened in 2024 regarding the "Amendment of the Sales Tax Act 1968 (Implementation of the Payment Service Providers Directive Act)" and thus the introduction of the Central Electronic Payment Information System (CESOP), payment service providers can register data in the European CESOP system.