Terms and Conditions of of Varia Webshops BV, trading under the name Escort Webshop, established in Rotterdam, registered at the chamber of commerce under number 52687864 and VAT number NL850553131B01.

Version valid from 01-09-2014

 

1. General

1.1 These terms and conditions apply to every offer of Varia Webshops BV and any agreement entered into between Varia Webshops BV and customers. The conditions are for everyone and included on the website of Varia Webshops BV. On request we can send you a written copy.

1.2  By placing an order you acknowledge that you agree to the terms and conditions agreement. Varia Webshops BV reserves the right to change the terms and conditions after the expiry of the term.

1.3  Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not acknowledged by Varia Webshops BV.

1.4  Varia Webshops BV guarantees that the delivered product meet the agreement and fulfills the specifications listed in the offer.

 

2. Delivery

2.1  Delivery is subject to availability.

2.2  In the context of the rules of sale at a distance, Varia Webshops BV will execute orders within 30 days, unless a different delivery period has been agreed. If delivery within 30 days, or otherwise agreed delivery, is not possible (because the order is not in stock or no longer available), or there is other reasons for delay, or an order can not or is only carried out in part, the customer receives notice of this within one month after placing the order and in this case has the right to cancel the order, without costs or notice of default.

2.3  The delivery obligation of Varia Webshops BV will be, subject to proof, met when the goods provided by Varia Webshops BV are offered once to the customer. For home delivery the report of the carrier extends, alleging refusal of acceptance, as the full proof of the offer to deliver. If a package is not picked up by the customer within 10 business days or 3 delivery attempts, it will can be resend by repaying the transportation costs or picked up for free at shop Pleasurements in Amsterdam.

2.4  All terms mentioned on the website are indicative. The mentioned terms are therefore not legally binding.

 

3. Prices

3.1  Prices will not be raised during the course of the offer, unless legal action make this necessary or if the manufacturer changes price policies.

3.2  All prices on the site are subject to misprints. For the consequences of misprints no liability is accepted.

3.3  All prices on the site are in Euros and include 21% VAT.

 

4. Term / right of withdrawal

4.1  If there is a customer purchase in accordance with the Law on distance selling (Article 7: 5 BW), the customer has the right to return (a part of) the goods within a period of 14 days without giving a reason. This period begins when the ordered goods are delivered. The customer is obliged, before proceeding to return, to provide written notice of the return to Varia Webshops BV within the period of 14 days after receipt. If the customer has not reported within the term of 14 days after receipt, make use of the legal right to return, then the purchase is a fact. During this term the customer will carefully handle the product and packaging. He will only unpack the product to the extent, or use as needed, to assess the nature, characteristics and functioning of the product. If he exercises his right of withdrawal, he will return the product within 28 days of receipt to Varia Webshops BV in accordance with the reasonable and clear instructions to return, provided by Varia Webshops BV. The customer must prove that the goods have been returned, for example by means of a proof of postal delivery. Return of goods must be in original packaging (including accessories and documentation) and in new condition. If the goods are used by the customer encumbered or in any way get corrupted then Varia Webshops BV reserves the right to charge depreciation. With regard to what is stipulated in the preceding sentence, Varia Webshops BV will take care of refund within 14 days after reception of the return or 14 days after proof of return (this is the proof of sending, mentioning explicit the content of the return). When returning the entire purchase the full purchase price including any calculated shipping and / or pay expenses will be refunded to the customer. When returning only a portion of the received purchases, only the purchase price of the returned goods will be refunded. Additional costs resulting from a more expensive shipping method than the cheapest standard delivery are never refundable. The return of the delivered goods is entirely at the expense and risk of the customer.

4.2  The right of withdrawal does not apply to:

  • Service contracts, after the completion of the service, and only if the performance has begun with explicit prior consent of the customer and the customer has declared that he will lose his right of withdrawal once the trader has fully executed the agreement.
  • Goods or services whose price depends on fluctuations in the financial market outside the control of Varia Webshops BV, which may occur within the withdrawal period.
  • Goods or services made according to the customer's specifications, such as customization, or which are clearly personalized.
  • Products whose shelf life has expired within the withdrawal term of 14 days (spoilage).
  • Sealed products which for health or hygiene reasons are not suitable to be returned after delivery and which of which the seal has been broken.
  • Sealed audio / video or software carriers whose seal has been broken.
  • For goods or services that can not be returned because of their nature, for example due hygiene or that spoil or age quickly.
  • Sealed books of which the seal has been broken.
  • The delivery of individual newspapers and magazines.

     

    5. Data management

    5.1  If you place an order with Varia Webshops BV, your data will be included in the customer base of Varia Webshops BV. Varia Webshops BV adheres to the Data Protection Act and will not provide your information to third parties.

    5.2  Varia Webshops BV respects the privacy of the users of the website and ensures confidentiality of your personal information.

    5.3  Varia Webshops BV sometimes makes use of a mailing list. Each mailing includes instructions to remove yourself from this list.

     

    6. Warranty and conformity

    6.1  Varia Webshops BV guarantees that the goods and / or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing legal provisions on the date of conclusion of the agreement and / or government regulations.

    6.2  An arrangement offered by Varia Webshops BV, manufacturer or importer offered as a guarantee does not affect the rights and claims that the customer may apply under the law of a failure to fulfill the obligations of Varia Webshops BV against Varia Webshops BV on the grounds of the law and / or the distance contract.

    6.3  If it appears that the delivered item is wrong, inadequate or incomplete, then the customer must notify these defects to Varia Webshops (before proceeding to return to Varia Webshops BV) in writing within two months after discovery of the defect. Return of goods must be in original packaging (including accessories and documentation). Initial operation after detection of failure, damage occurring after detection of failure, encumbrance and / or sale after detection of failure, voids the right to claim and return.

    6.4  If the customer complaints are are found to be justified by Varia Webshops BV, then Varia Webshops BV will, at the customers choice, repair or replace the goods free of charge. Potential liability of Varia Webshops BV for damages is limited to a maximum of the invoice amount of the goods concerned. Any liability of Varia Webshops BV for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits.

    6.5  Varia Webshops BV is not liable for damage caused intentionally or equivalent deliberate recklessness of non-managerial staff.

    6.6  This warranty does not apply if:

    A) as long as the customer is in default with Varia Webshops BV
    B) the customer has repaired and / or modified / or edited the delivered goods themselves or by third parties
    C) the delivered goods have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of Varia Webshops BV and / or instructions on the packaging.

     

    7. Special offers

    7.1  Offers are not binding, unless otherwise stated in the offer.

    7.2  Upon acceptance of an offer by the customer, Varia Webshops BV reserves the right to change the offer within 3 days of receipt of such acceptance or to deviate from it.

    7.3  Verbal agreements bind Varia Webshops BV only after it they have been confirmed in writing.

    7.4  Offers from Varia Webshops BV do not automatically apply to repeat orders.

    7.5  Varia Webshops BV can not be held responsible if the customer should understand that the offer or any part thereof is an obvious mistake or error.

    7.6  Additions, changes and / or further agreements are only valid if agreed in writing.

     

    8. Agreement

    8.1 An agreement between Varia Webshops BV and a customer is established only after an order is judged on achievability by Varia Webshops BV.

    8.2 Varia Webshops BV reserves the right, without giving any reason, not to accept orders or contracts or accept only under the condition that shipment is made on delivery or prepayment only.

     

    9. Images and specifications

    All images; photographs, drawings etc .; eg data concerning weight, dimensions, colors, graphics, labels, etc. on the website of Varia Webshops BV are only approximate, are indicative and may not lead to damages or rescission of the contract.

     

    10. Force Majeure

    10.1  Varia Webshops BV is not liable if and insofar its obligations can not be fulfilled due to force majeure.

    10.2  Force majeure means any strange reason, and any circumstance which she can not reasonably be held responsible for. Risk Delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity failures in e-mail traffic and disturbances or changes in third party technology, transportation difficulties, strikes, government measures, delays in supply, omissions of suppliers and / or manufacturers of Varia Webshops BV as well as from individuals, disease, defects in or shipment tools count explicitly as force majeure.

    10.3  Varia Webshops BV reserves in case of force majeure the right to suspend its obligations and is entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended so that execution can continue. In no event shall Varia Webshops BV obliged to pay any penalty or damages.

    10.4  If Varia Webshops BV at the commencement of the force majeure, has partially met its obligations, or can only meet its obligations in part, she is entitled to invoice the already delivered part separately and the customer is obliged to pay this invoice as though a separate contract. This does not apply if the already delivered or deliverable part has no independent value.

     

    11. Liability

    Varia Webshops BV is not liable for damage to vehicles or other property caused by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.

     

    12. Retention of title

    12.1  Ownership of all goods sold by Varia Webshops BV or delivered to customers by Varia Webshops BV, remains with Varia Webshops BV until the customer, under the agreement or prior or subsequent similar agreements has been met, until the customer has outstanding performances resulting from this or similar agreements, and as long as the customer has not met claims of Varia Webshops BV due to shortage in the performance of such obligations, including claims in respect of penalties, interest and costs, and another referred to in Article 3:92 BW.

    12.2  The goods delivered by Varia Webshops BV falling under the retention of title may be resold only in the context of normal business and must never be used as payment.

    12.3  The customer is not entitled to pledge the goods falling under the retention of title or encumber in any other way.

    12.4  The customer gives unconditional and irrevocable consent to Varia Webshops BV or to a by Varia Webshops BV appointed third party, to in all cases where Varia Webshops BV wishes to exercise its ownership rights all those sites and locations where its property is then located and there to take those things.

    12.5  If third parties seize goods delivered under retention of title or wish to establish or assert a right to them, the customer is obliged to inform Varia Webshops BV as soon as reasonably may be expected of them.

    12.6  The customer is obliged to insure the goods delivered under retention of title against fire, explosion, water damage and theft, and to execute Varia Webshops BV the insurance policy on request for inspection.

     

    13. Applicable law / jurisdiction

    13.1 All agreements are subject to Dutch law.

    13.2 Disputes arising from an agreement between Varia Webshops BV and customer, which can not be resolved by mutual agreement, will be taken by the competent court within the district of Rotterdam, unless Varia Webshops BV prefers to give the case to the competent court of subjecting residence of the customer, with the exception of those disputes that fall under the jurisdiction of a magistrate.