Terms And Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Ongoing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being present in the same place at the same time;
Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and prior to the conclusion of the distance contract, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly and the consumer may always rely on the provision that is most favorable to them in the event of conflicting conditions.

If one or more provisions of these general terms and conditions are wholly or partially void or annulled at any time, the agreement and the remaining provisions shall remain in force and the relevant provision shall be replaced by mutual agreement without delay by a provision that most closely approximates the intent of the original provision.

Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 3 – The Offer

If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to acceptance of the offer, in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by the customer. The postal or courier service will collect the VAT and/or customs clearance costs from the recipient;

  • any shipping costs;

  • the manner in which the agreement will be concluded and which actions are required;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and performance of the agreement;

  • the period for accepting the offer or the period during which the entrepreneur guarantees the price;

  • the rate for distance communication if costs are charged other than the basic rate;

  • whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;

  • the manner in which the consumer can review and correct the data provided prior to concluding the agreement;

  • any languages other than Dutch in which the agreement may be concluded;

  • any codes of conduct to which the entrepreneur is subject and how these can be consulted electronically;

  • the minimum duration of the distance contract in the case of an ongoing transaction.

Optional: available sizes, colors, and types of materials.

Article 4 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set forth therein.

If the consumer accepts the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance electronically. As long as receipt has not been confirmed, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If the consumer is able to pay electronically, appropriate security measures shall be observed.

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations and assess relevant factors for responsibly entering into the agreement. If there are valid reasons to refuse the agreement, the entrepreneur is entitled to refuse an order or attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information in writing or in a manner that allows storage on a durable data carrier:

  • the visiting address where complaints can be submitted;

  • the conditions under which and manner in which the right of withdrawal can be exercised, or a clear statement if it is excluded;

  • information on warranties and after-sales service;

  • the information referred to in Article 4 paragraph 3, unless already provided prior to execution;

  • termination requirements if the agreement has a duration of more than one year or is indefinite.

In the case of an ongoing transaction, the previous paragraph applies only to the first delivery.

Each agreement is concluded subject to the condition of sufficient availability of the products concerned.

Article 5 – Right of Withdrawal

The consumer has the right to withdraw from the agreement without giving any reason within 14 days after receipt of the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether it should be retained.

To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or by email within 14 days of receipt. The product must then be returned within 14 days. Proof of timely return must be provided.

If the consumer fails to notify or return the product within the specified periods, the purchase is final.

Article 6 – Costs in Case of Withdrawal

The costs of returning the products shall be borne by the consumer.

Any amounts paid shall be refunded as soon as possible, but no later than 14 days after withdrawal, provided the product has been received or proof of return has been supplied.

Article 7 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for products:

  • made according to consumer specifications;

  • clearly personal in nature;

  • not suitable for return;

  • perishable or subject to aging;

  • subject to financial market fluctuations;

  • newspapers and magazines;

  • unsealed audio/video recordings or software;

  • unsealed hygiene products.

For services:

  • accommodation, transport, catering, or leisure activities on a specific date;

  • services started with explicit consent before the cooling-off period ends;

  • betting and lotteries.

Article 8 – The Price

Prices shall not be increased during the stated validity period, except due to VAT changes.

Variable prices may apply where prices are subject to financial market fluctuations.

Price increases within 3 months are only permitted if legally required. After 3 months, increases are allowed only if agreed and the consumer may terminate.

Delivery takes place outside the EU; import VAT and clearance costs are collected by the courier. No VAT is charged by the entrepreneur.

All prices are subject to typographical errors.

Article 9 – Identity of the Entrepreneur

Company name: Vogula.com
Business address: info@Vogula.com
Email: info@Vogula.com
Chamber of Commerce number: 9382532
VAT identification number: NL005045440B14

Article 10 – Conformity and Warranty

Products comply with the agreement and applicable legal requirements. Any warranty does not affect statutory rights.

Defects must be reported within 14 days. Warranty corresponds to the manufacturer’s warranty.

Warranty does not apply in cases of misuse, unauthorized repair, negligence, or regulatory material requirements.

Article 11 – Delivery and Performance

Orders are executed with due care and within 30 days unless otherwise agreed.

In case of delay or partial delivery, the consumer may terminate the agreement and receive a refund.

Risk transfers upon delivery.

Article 12 – Ongoing Transactions: Duration, Termination, and Renewal

Consumers may terminate indefinite agreements at any time with up to one month’s notice.

Fixed-term agreements may not be automatically renewed, except for short-term magazine subscriptions.

Agreements longer than one year may be terminated after one year with one month’s notice.

Article 13 – Payment

Payments must be made within 7 working days unless agreed otherwise.

Incorrect payment details must be reported immediately.

In case of non-payment, reasonable costs may be charged.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days and will be answered within 14 days.

If unresolved, a dispute arises subject to dispute resolution.

Article 15 – Disputes

Dutch law exclusively applies, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures introduced from 2024 under EU payment services legislation, payment service providers may register transaction data in the European CESOP system.