GENERAL TERMS AND CONDITIONS

The following definitions apply in these terms and conditions:

1. The period within which a consumer can make use of his right of withdrawal;

2. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;

3. Day: a calendar day;

4. Digital content: data that are produced and supplied in digital form;

5. Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;

6. Durable data carrier: every means - including e-mails - that enables a consumer or trader to store information that is addressed to them in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;

7. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;

8. Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;

9. Distance contract: a contract concluded between a trader and a consumer within the framework of a system organized for the distance sale of products, digital content, and/or services, whereby sole or partial use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;

10. Standard form for right of withdrawal: the European standard form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to their order;

11. Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.

Vanilia The Shops B.V., operating under the name Vanilia

Zaandijkerweg 5

1521 AX Wormerveer

The Netherlands

0031 (0)75 646 75 00

info@vanilia.com

1. These general terms and conditions apply to all offers made by the trader and to all distance contracts concluded between the trader and the consumer.

2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.

3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge at their request, either electronically or in another way.

4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply equally and the consumer may invoke the applicable condition that is most favourable to them in the event of incompatible general terms and conditions.

1. The offer contains a detailed and comprehensive description of the products, digital content, and/or services. The description is sufficiently detailed for the consumer to make an informed judgement about the offer. If the trader uses images, they are a true representation of the offered products, services, and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the trader.

2. The offer contains information that clearly describes the consumer’s rights and obligations when accepting the offer.

1. The contract will be concluded, subject to the stipulations in paragraph 4, the moment the consumer accepts the offer and the conditions have been fulfilled.

2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.

3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer is able to pay electronically, the trader will take suitable security measures.

4. The trader may obtain information – within the statutory frameworks – about the consumer’s ability to fulfil their payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. Should this information give the trader grounds to not conclude the contract, the trader is justified in rejecting an order or application or applying conditions to the conclusion thereof.

5. The trader will send the following information to the consumer before delivering a product, service, or digital content, in writing or in such a way that the consumer can store it on an accessible durable data carrier:
a. the office address of the trader’s business location where the consumer can lodge complaints;
b. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the price, including all taxes on the product, service or digital content, the costs of delivery insofar as applicable, and the method of payment, delivery, or implementation of the distance contract;
e. the requirements for terminating the contract if the duration of the contract exceeds one year or if it is indefinite;
f. if the consumer has the right of withdrawal, the standard form for the right of withdrawal.

6. In the event of an extended duration contract, the stipulations in the previous paragraph only apply to the first delivery.

For products:

1. When purchasing products, a consumer has the right to dissolve a contract without reason during a period of at least 14 days by sending an e-mail to cs@vanilia.com. The trader is permitted to inquire about the reason for this dissolution, but the consumer is under no obligation to state these reasons.

2. The period stipulated in paragraph 1 commences on the day after the product was received by the consumer or a third party designated by the consumer who is not the transporting party, or:
a. if the consumer has ordered several products: the day on which the consumer or a third party designated by the consumer received the last product. The trader may refuse a single order for several products with different delivery dates, provided it clearly informs the consumer of this prior to the ordering process.
b. if the order will be delivered in different parts or batches: the day on which the consumer or a third party designated by the consumer received the last delivery or the last part;

1. During the withdrawal period, the consumer treats the product and its packaging with care. They unpack or use the product only for the purpose of assessing its nature, characteristics and efficacy. The underlying principle is that the consumer handles and inspects the product in the same way they would in the shop.

2. The consumer is only liable for the product’s devaluation as a consequence of their handling it in a way other than that described in paragraph 1.

3. The consumer is not liable for the product’s devaluation if the trader did not provide all obligatory information about the right of withdrawal before the contract was concluded.

1. A consumer who wants to exercise their right of withdrawal must report this to the trader within the withdrawal period using the standard form for the right of withdrawal or in some other unequivocal way.

2. The consumer must return the product or hand it over to the trader (or a representative thereof) as quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1. This is not necessary if the trader has offered to collect the product. The consumer must comply with the return period when returning a product before the withdrawal period has expired.

3. The consumer must return the product and all relevant accessories in the original state and packaging and in accordance with the instructions provided by the trader.

4. The risk and the burden of proof for exercising the right of withdrawal correctly and on time lie with the consumer.

5. The consumer bears the direct costs of returning the product. If the trader has not declared that the consumer must bear these costs or if the trader indicates a willingness to bear these costs, the consumer is not liable for bearing the costs of returning items.

1. If the trader makes it possible for consumers to declare their withdrawal digitally, a confirmation of receipt must be sent immediately after receiving such a declaration.

2. The trader must reimburse the consumer immediately for all payments, including delivery costs charged for returning products, within 14 days after the day on which the consumer reported the withdrawal.Except if the trader has offered to collect the product the refund may be postponed until all products have been received or until the consumer has proven the products have been returned, depending on which happens first.

3. The trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.

4. If the consumer chose an expensive method of delivery over the cheaper standard delivery, the trader is not required to reimburse the additional costs of the more expensive method.

The trader can preclude the right of withdrawal for the following products and services, but only if this was stated clearly when the offer was made or disclosed prior to conclusion of the contract:

1. Products manufactured according to the consumer’s specifications which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;

1. During the period of validity indicated in the offer, the prices of the products and/or services will not be increased, except for price changes in VAT rates.

2. Prices stated in offers of products or services include VAT.

1. The trader guarantees that the products and/or services fulfil the specifications of the contract and the offer, the reasonable requirements of reliability and/or serviceability, and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If so agreed, the trader also guarantees that the product is suited for use other than the stipulated designation.

2. An extra guarantee offered by the trader, manufacturer, or importer never affects the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil their part in the contract.

3. An extra guarantee is defined as all commitments by the trader or a supplier, importer or manufacturer, if they fail to fulfil their part in the contract, that grants a consumer rights or claims in excess of those provided by law.

1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing service requests.

2. The place of delivery is deemed to be the address that the consumer makes known to the company.

3. In accordance with Article 4 of these general terms and conditions, the trader will implement accepted orders with efficient expedition, at the latest within 30 days, unless a different period of delivery has been agreed. If the delivery is delayed or if it cannot be implemented in whole or in part, the consumer must be informed within 30 days of the order being placed. In this case, the consumer will have the right to dissolve the contract free of charge and may be entitled to possible damages.

4. Following dissolution in accordance with the previous paragraph, the trader reimburses the consumer immediately for the amount paid.

5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

The amount owed by the consumer must be paid in advance using one of the online payment methods offered.

1. The trader has in place a sufficiently publicized complaints procedure according to which all complaints will be handled.

2. Complaints about the implementation of the agreement must be submitted in detail to the trader within a reasonable time after the consumer has discovered the defects.

3. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the trader will respond within 14 days with a notification of receipt and an indication of when the consumer can expect a more detailed reply.

4. The consumer must give the trader at least 4 weeks to resolve the complaint in mutual consultation. After this period, the complaint becomes a dispute that is subject to the disputes regulation.

1. Dutch law applies to all agreements concluded between the trader and a consumer to which these general terms and conditions apply.

Additional stipulations and stipulations that differ from these general terms and conditions may not be detrimental to the consumer and should be recorded in writing or in such a way that consumers can store them in a readily accessible manner on a durable data carrier.