Terms of Service

OVERVIEW
This website is operated by Valomy. Throughout the site, the terms “we”, “us” and “our” refer to Valomy. Valomy offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Reflection Period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: the natural person not acting in the exercise of a profession or business who enters into a remote agreement with the entrepreneur;
  • Day: calendar day;
  • Continuous Transaction: a remote agreement relating to a series of products and/or services, with delivery and/or purchase obligations spread over time;
  • Durable Data Carrier: any medium that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unaltered reproduction of the stored information.
  • Right of Withdrawal: the possibility for the consumer to withdraw from the remote agreement within the reflection period;
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
  • Remote Agreement: an agreement in which, within the framework of a system organized by the entrepreneur for remote sales of products and/or services, only one or more techniques for remote communication are used up to the conclusion of the agreement;
  • Technique for Remote Communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same room simultaneously.
  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Volly Business - KVK 93147384

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to any remote agreement and orders between entrepreneur and consumer.

Before the remote agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate, before the remote agreement is concluded, that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge upon request from the consumer.

If the remote agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the remote agreement is concluded, be provided to the consumer electronically in such a way that it can be stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge at the consumer's request electronically or otherwise.

If, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer can invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions at any time are wholly or partially void or annulled, the agreement and these conditions shall remain in effect for the remainder, and the relevant provision will be replaced in mutual consultation by a provision that approximates the intent of the original as much as possible.

Situations not covered by these general terms and conditions should be assessed in accordance with the “spirit” of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of these conditions should be explained in accordance with the “spirit” of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding, and the entrepreneur reserves the right to change or adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make an informed evaluation of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indications and cannot give rise to damages or dissolution of the agreement. Images with products are a true representation of the offered products. However, the entrepreneur cannot guarantee that displayed colors exactly match the actual colors of the products.

Each offer includes such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns, in particular:

  • The price, excluding customs and import VAT, which are at the expense and risk of the customer.
  • Shipping costs, if any.
  • The manner in which the agreement will be established and the actions required for this.
  • Whether or not the right of withdrawal applies.
  • The method of payment, delivery, and execution of the agreement.
  • The term for accepting the offer or the term within which the entrepreneur guarantees the price.
  • The amount of the rate for remote communication if the cost of using the technique for remote communication is calculated on a basis other than the regular base rate for the communication method used.
  • Whether the agreement, once concluded, will be archived, and if so, in what manner the consumer can access it.
  • How the consumer can check and, if desired, correct the data they provided within the scope of the agreement.
  • The possible other languages in which the agreement can be concluded, in addition to Dutch.
  • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically.
  • The minimum duration of the remote agreement in case of a continuous transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and compliance with the conditions attached.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of acceptance of the offer. 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, inquire whether the consumer can fulfill their payment obligations, as well as all facts and factors relevant to responsibly concluding the remote agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to its execution.

With the product or service, the entrepreneur will send the consumer the following information, in writing or in a way that allows the consumer to store it on a durable data carrier:

  • The entrepreneur’s business address where the consumer can submit complaints.
  • The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
  • Information on warranties and existing post-purchase services.
  • The data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement.
  • Requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In case of a continuous transaction, the previous paragraph applies only to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the ordered products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reflection period begins on the day after the consumer, or a representative designated by the consumer and notified to the entrepreneur, receives the product.

During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine if they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product to the entrepreneur, including all delivered accessories, in the original state and packaging, 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, via written message or email. After notifying the entrepreneur, the consumer must return the product within 14 days.

The consumer must provide proof that the goods have been returned on time, for instance, by means of proof of dispatch.

If, after the expiration of the periods referred to in paragraphs 2 and 3, the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal or has not returned the product, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs of the products 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, provided the product has already been received by the online store or conclusive proof of return has been provided.

Article 8 – Exclusion of 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 is only valid if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • Created according to the consumer's specifications.
  • That are clearly personal in nature.
  • That, by nature, cannot be returned.
  • That spoil or age quickly.
  • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
  • For single newspapers and magazines.
  • For audio and video recordings and computer software whose seals have been broken by the consumer.
  • For hygienic products whose seals have been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  • Concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a certain