Terms and Conditions of Van Haren (vanvanharen.com)

These General Terms and Conditions govern the legal relationship between Van Haren and its customers, both consumers and businesses. By placing an order via our website, by telephone, or in a physical store, you accept these Terms and Conditions in full.

Article 1: Definitions
In these Terms and Conditions, the following terms shall have the following meanings:

  1. Van Haren: The trader offering products and services remotely and in physical stores.
  2. Customer: The natural or legal person who enters into an agreement with Van Haren.
  3. Consumer: A customer who is a natural person not acting in the course of a profession or business.
  4. Distance Agreement: an agreement concluded between Van Haren and the customer within the framework of an organized system for remote selling, where, up to and including the conclusion of the agreement, exclusive or partial use is made of one or more means of distance communication.
  5. Website: Van Haren’s online store, accessible via vanvanharen.com and associated domains.

Article 2: Identity of Van Haren
The online store is operated by Van Haren. For the purposes of these Terms and Conditions, Van Haren can be contacted electronically via the contact form on the website.

Article 3: Applicability

  1. These Terms and Conditions apply to every offer, quotation, and agreement between Van Haren and the customer, unless the parties explicitly agree otherwise in writing.
  2. Before a Distance Agreement is concluded, the customer will be provided with these Terms and Conditions. If this is not reasonably possible, Van Haren will indicate how the customer can view the Terms and Conditions before the agreement is concluded.
  3. The applicability of any purchasing or other conditions of the customer is explicitly rejected.

Article 4: The Offer

  1. All offers are without obligation unless stated otherwise in the offer. Van Haren reserves the right to change and correct obvious mistakes or errors.
  2. Each offer contains a complete and accurate description of the offered products and/or services. Descriptions are sufficiently detailed to allow a proper assessment by the customer. Van Haren is not bound by obvious mistakes or errors in the offer.
  3. Images accompanying offers are a true representation of the products and/or services. Van Haren cannot guarantee that displayed colors exactly match reality due to the technical limitations of display systems.

Article 5: The Agreement

  1. The agreement is concluded at the moment the customer accepts the offer and meets the conditions set.
  2. If the customer has accepted the offer electronically, Van Haren will immediately confirm receipt of the acceptance electronically. The customer can dissolve the agreement as long as this acceptance has not been confirmed by Van Haren.
  3. Van Haren will take appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the customer can pay electronically, Van Haren will observe appropriate security measures.

Article 6: Right of Withdrawal for Consumers

  1. A consumer has the right to dissolve a Distance Agreement without giving reasons for a period of 14 days (the reflection period).
  2. This period commences on the day after the product was received by the consumer, or a third party designated by the consumer.
  3. During this period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product.
  4. The consumer can exercise the right of withdrawal by notifying Van Haren via an unambiguous statement (e.g., by post or via the contact form on the website). The consumer can use the model withdrawal form available on the website.
  5. The consumer shall return the product(s) to Van Haren as soon as possible, but within 14 days of notifying the withdrawal. This must be done in accordance with the reasonable and clear return instructions provided on the website.
  6. The direct costs of returning the product(s) are borne by the consumer, unless Van Haren has agreed to bear them or if Van Haren failed to inform the consumer about this obligation.
  7. Van Haren will refund all payments received from the consumer, including delivery costs, without undue delay and within 14 days of the day the consumer notified the withdrawal. Van Haren may wait to refund until the product(s) have been received back or until the consumer provides proof of return.

Article 7: Obligations of the Customer in Case of Dissolution
If the consumer exercises the right of withdrawal, the return will be in accordance with the return instructions on the website. The consumer is only liable for depreciation of the product resulting from handling the product beyond what is necessary to establish its nature, characteristics, and functioning.

Article 8: Price

  1. During the validity period stated in the offer, prices of the offered products will not be increased, except for changes in VAT rates.
  2. All prices are inclusive of VAT and other government levies, but exclusive of shipping costs, unless stated otherwise.
  3. Payment can be made via the methods specified on the website.

Article 9: Conformity and Warranty

  1. Van Haren guarantees that the products comply with the agreement, the specifications stated in the offer, and reasonable requirements of soundness and/or usability.
  2. A warranty provided by Van Haren, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against Van Haren under the agreement.

Article 10: Delivery and Execution

  1. Van Haren will execute accepted orders with due care and within the agreed delivery times. If no delivery time is agreed, delivery will take place within 30 days at the latest.
  2. The risk of damage and/or loss of products rests with Van Haren until the moment of delivery to the customer, unless otherwise agreed.
  3. Van Haren is entitled to engage third parties in the fulfillment of its obligations.

Article 11: Payment

  1. Unless otherwise agreed, amounts owed by the customer must be paid before delivery.
  2. The customer is obliged to immediately report inaccuracies in payment data to Van Haren.
  3. If the customer fails to pay on time, and after a reminder granting a 14-day period to fulfill the payment obligation, the customer will be in default. Van Haren is entitled to charge statutory interest from the due date.

Article 12: Complaints Procedure

  1. Van Haren has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints about the execution of the agreement must be reported to Van Haren fully and clearly described within a reasonable time after the customer has discovered the defects.
  3. A complaint does not suspend Van Haren’s obligations, unless Van Haren considers it impossible to fulfill the agreement due to the complaint.
  4. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution rules.

Article 13: Disputes

  1. Agreements between Van Haren and the customer to which these Terms and Conditions apply are exclusively governed by Dutch law.
  2. Disputes between Van Haren and a consumer customer will be submitted to the competent Dutch court, unless mandatory law prescribes otherwise.
  3. For business customers, all disputes will be submitted to the competent court in the district where Van Haren is established.

Article 14: Force Majeure
Van Haren is not liable for failure to perform any obligation if this failure is due to a cause beyond its reasonable control, including but not limited to illness of personnel, transport disruptions, fire, flood, cyber-attacks, or government measures.

Article 15: Additional or Different Provisions
Additional provisions or provisions deviating from these Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner.

Article 16: Amendments to Terms and Conditions

  1. Van Haren may amend these Terms and Conditions. The most current version is always available on the website.
  2. Amendments to the Terms and Conditions will not apply to agreements already concluded, except with the customer’s consent.

Article 17: Intellectual Property
Van Haren retains all intellectual property rights (including copyrights, trademark rights, and database rights) on all text, images, design, software, and other materials published on or via the website. Reproduction or use is prohibited without prior written permission from Van Haren.

Article 18: Final Provisions
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Van Haren and the customer will consult to agree on a new provision to replace the invalid one, respecting as much as possible the purpose and intent of the original provision.

These Terms and Conditions were last updated.