General terms and conditions

General terms and conditions Votory Netherlands
Email: votorynederland@gmail.com
Website : votory.nl

Article 1 - Definitions

1. Votory Nederland: Votory Nederland, established in Zeewolde, Chamber of Commerce number 95019790
2. Customer: the person with whom Votory has entered into an agreement
3. Parties: Votory Nederland and Customer together
4. Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 - Applicability

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products on behalf of Votory Nederland.
2. Votory Nederland and the Customer may only deviate from these conditions if this has been agreed in writing.
3. Votory Nederland and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or of others.

Article 3 - Prices

1. Votory Nederland uses prices in euros, including VAT and shipping costs and excluding any other costs such as administration or import costs, unless otherwise agreed in writing.
2. Votory Nederland may always change the prices of its services and products on its website and in other expressions.
3. Increases in the cost prices of products or parts thereof, which Votory Nederland could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
4. The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a statutory regulation.

Article 4 - Samples and models


1. If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.

Article 5 - Payments and payment terms

1. When entering into the agreement, Votory Nederland may request a down payment of up to 50% of the agreed amount.
2. The customer must have made a subsequent payment within 14 days after delivery.
3. The payment terms used by Votory Nederland are fatal payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term, he is automatically in default and in breach, without Votory Nederland having to send the Customer a reminder or put him in default.
4. Votory Nederland may make a delivery dependent on immediate payment or demand security for the total amount of the services or products.

Article 6 - Consequences of late payment

1. If the Customer does not pay within the agreed term, Votory Nederland may charge the statutory interest per month for non-commercial transactions from the day the Customer is in default, whereby a part of a month is counted as a whole month.
2. If the customer is in default, he must also pay extrajudicial collection costs and any damages to Votory Nederland.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the Customer does not pay on time, Votory Nederland may suspend its obligations until the Customer has paid.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the Customer, Votory Nederland's claim on the Customer shall be immediately due and payable.
6. If the Customer refuses to cooperate with the execution of the agreement by Votory Nederland, he must still pay the agreed price.

Article 7 - Right of complaint

1. If the customer is in default, Votory Nederland may invoke the right of complaint with regard to the unpaid products delivered to the Customer.
2. Votory Nederland exercises its right of complaint by means of a written or electronic notice to the Customer.
3. Once the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to Votory Nederland, unless otherwise agreed in writing.
4. The customer shall pay the costs for the collection or return of the products in paragraph 3.

Article 8 - Right of withdrawal

1. A consumer may cancel an online purchase within 14 days after purchase without giving any reason.

  • This right of withdrawal does not apply if:
  • The product has been used
  • It is a product that has been tailor-made or adapted specifically for the consumer
  • It is a product that cannot be returned for hygiene reasons, such as underwear or swimwear
  • The consumer has waived his right of withdrawal

2. The 14-day reflection period in paragraph, commences:
On the day after the consumer has received the last product or part of 1 order
3. The Consumer can make use of his cooling-off period by sending an email with subject to votorynederland@gmail.com.
4. The Consumer must return the product to the supplier of Votory Nederland within 14 days after making known his right of withdrawal.

Article 9 - Reimbursement of delivery costs

1. If the consumer has cancelled his purchase on time and has returned the entire order to the supplier of Votory Nederland on time, Votory Nederland will not reimburse the shipping costs paid by the consumer.
2. If the consumer chooses not to receive a replacement for a defective product, Votory Nederland will also reimburse the shipping costs incurred by the consumer.

Article 10 - Reimbursement of return costs

1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs for this.

Article 11 - Right of retention

 1. Votory Nederland may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices of Votory Nederland, unless the Customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements under which the Customer still has to pay money to Votory Nederland.
3. Votory Nederland is not liable for any damage suffered by the Customer due to the use of its right of retention.

Article 12 - Retention of title

1. Votory Nederland remains the owner of all delivered products until the Customer has paid all outstanding invoices from Votory Nederland relating to an underlying agreement, including claims due to failure to comply.
2. Until that time in paragraph 1 , Votory Nederland may exercise its retention of title and take back the goods.
3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or otherwise encumber the product.
4. If Votory Nederland exercises its retention of title, the agreement will be cancelled and Votory Nederland may claim damages, lost profits and interest from the Customer.

Article 13 - Delivery

1. Delivery will take place while stocks last.
2. Delivery will take place at Votory Nederland or at the supplier of Votory Nederland unless otherwise agreed.
3. Delivery of products ordered online will take place at the address specified by the Customer.
4. If the Customer does not pay the agreed amounts or does not pay them on time, Votory Nederland may suspend its obligations until the Customer has paid.
5. In the event of late payment, the creditor is in default, which means that the Customer cannot object to late delivery to Votory Nederland.

Article 14 - Delivery time

1. The delivery time of Votory Nederland is indicative. If delivery is later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery time commences when the Customer has fully completed the ordering process and has received confirmation from Votory Nederland.
3. The Customer will not receive any compensation and may not cancel the agreement if Votory Nederland delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Votory Nederland cannot deliver within 14 days after processing the order, after having been reminded in writing or the Customer and Votory Nederland have agreed otherwise.

Article 15 - Actual delivery

1. The Customer must ensure that the actual delivery of his products can take place on time.

Article 16 - Transport costs

1. The Customer shall pay the costs for transport, unless the Customer and Votory Nederland have agreed otherwise in writing.

Article 17 - Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the Customer must have a note made of this by the carrier before receiving the product. If the Customer does not do this, he cannot hold Votory Nederland liable for any damage.
2. If the customer arranges the transport of the product himself, he must report any visible damage to the product or packaging to Votory Nederland prior to transport. If the Customer does not do this, he cannot hold Votory Nederland liable for any damage.

Article 18 - Storage

1. If the Customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
2. Any additional costs resulting from premature or late purchase of products will be borne entirely by the Customer.

Article 19 - Warranty

1. The warranty on products only applies to defects caused by defective manufacturing or construction or defective materials.
2. The warranty does not apply:

  • In case of normal wear and tear
  • For damage caused by accidents
  • For damage caused by changes made to the product
  • For damage caused by negligence or improper use by the Customer
  • When the cause of the defect cannot be clearly determined

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the Customer at the time when they are legally and/or actually delivered, or at least come into the possession of the Customer or of a third party who receives the product on behalf of the Customer.

Article 20 - Exchange

1. The Customer may exchange a purchased item. The following conditions apply:

  • The exchange takes place within 14 days after purchase, whereby the Customer can show the original invoice
  • The product is returned in its original packaging and with the original price tag attached.
  • The product has not yet been used

2. Discounted items, perishable products, custom-made items or items specially adapted for the Customer and hygiene products cannot be exchanged.

Article 21 - Indemnification

1. The Customer indemnifies Votory Nederland against all claims from others relating to the products and/or services supplied by Votory Nederland.

Article 22 - Complaints

1. The Customer must examine a product or service supplied by Votory Nederland as soon as possible for any deficiencies.
2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Votory Nederland of this within 1 month of discovering the shortcoming.
3. The customer must provide as detailed a description as possible of the shortcoming, so that Votory Nederland can respond appropriately.
4. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Votory Nederland.
6. If a complaint concerns ongoing work, the Customer cannot demand that Votory Nederland perform work other than that agreed upon.

Article 23 - Notice of default

1. The Customer must notify Votory Nederland in writing of any notice of default.
2. The Customer is responsible for ensuring that his notice of default is communicated in writing to Votory Nederland.

Article 24 - Customer Liability

1. When Votory Nederland enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article 25 - Liability of Votory Nederland

1. Votory Nederland is only liable for damage suffered by the customer if that damage is caused by intent or recklessness.
2. If Votory Nederland is liable for damages, this only applies to direct damages related to the performance of an underlying agreement.
3. Votory Nederland is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.
4. If Votory Nederland is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance. If no insurance has been concluded or no amount of damages is paid out, then the liability is limited to (the part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and cannot lead to any compensation, termination or suspension.

Article 26 - Expiry period

1. Any right of the Customer to compensation from Votory Nederland expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 BW.

Article 27 - Dissolution

1. The Customer may cancel the agreement if Votory Nederland is culpably in breach of its obligations, unless this breach does not justify termination due to its special nature or minor significance.
2. If Votory Nederland is still able to fulfil its obligations, dissolution can only take place after Votory Nederland is in default.
3. Votory Nederland may cancel the agreement with the Customer if the Customer does not fully or timely fulfil his obligations under the agreement, or if Votory Nederland has become aware of circumstances that give it good reason to assume that the Customer will not fulfil his obligations.

Article 28 - Force Majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Votory Nederland cannot be attributed to Votory Nederland by the Customer if there is force majeure.
2. The force majeure situation in paragraph 1 also includes, among other things:

  • An emergency such as a civil war or natural disaster
  • Default or force majeure by suppliers, deliverers or other
  • Power, electricity, internet, computer or telecom failure
  • Computer viruses
  • Strikes
  • Government measures
  • Transportation problems
  • Bad weather conditions
  • Work stoppages

3. If a force majeure situation occurs as a result of which Votory Nederland cannot fulfil one or more obligations to the Customer, those obligations will be suspended until Votory Nederland can fulfil them.
4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both the Customer and Votory Nederland may cancel the agreement in writing in whole or in part.
5. In the event of force majeure, Votory Nederland is not obliged to pay any compensation to the Customer, even if Votory Nederland benefits from this.

Article 29 - Amendment of agreement

1. If it is necessary to change a concluded agreement for its execution, the Customer and Votory Nederland may adjust the agreement.

Article 30 - Amendment of general terms and conditions

1. Votory Nederland may amend these general terms and conditions
2. Votory Nederland may always implement changes of minor importance.
3. Votory Nederland will discuss major changes with the Customer in advance as much as possible.
4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 31 - Transfer of rights

1. The Customer may not transfer any rights under an agreement with Votory Nederland to others without the written consent of Votory Nederland.
2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 32 - Consequence of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Votory Nederland had in mind when drawing up the conditions.

Article 33 - Applicable law and competent court

1. Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and Votory Nederland.
2. The court in the district where Votory Nederland is established has exclusive jurisdiction to hear any disputes between the Customer and Votory Nederland, unless the law provides otherwise.