General rules
This website is operated by VivaRiga. Throughout the site
The terms “we”, “us” and “our” refer to VivaRiga. VivaRiga offers
this website, including all information, tools and services available on this site,
to you, the user, provided that you agree to all
to the terms, conditions, policies and notices contained herein.
By visiting our website and/or purchasing something from us, you are participating in our
“Service” and agree to abide by the following general terms and conditions
terms (“Terms of Service”, “Terms”), including additional
the terms and policies referenced herein and/or available through
hypertext link. These Terms of Service apply to all users of the site,
including but not limited to users who are browsers, vendors, customers,
sellers and/or content creators. Please read these Terms of Service carefully,
before you visit or use our website. By accessing or using any part of the website,
you agree to abide by these
Terms of Service.
If you do not agree to all the terms of this agreement, you are not permitted to visit
website or use the services. If these Terms of Service
are considered an offer, consent is expressly limited to these
Terms of Service. Any new features or tools that are added to the current store
website, are also subject to the Terms of Service. You can view the latest
You can review the Terms of Service at any time on this page.
We reserve the right to modify any part of these Terms of Service.
update, change or replace by posting updates and/or changes to our
on the website. It is your responsibility to check this page regularly to
to be aware of the changes. Your continued use of or access to the website after
Posting any changes means you agree to those changes.
Our store is hosted by Shopify Inc. They offer us online
an e-commerce platform through which we can sell our products and services to you
.
Article 1 – Definitions
The following definitions are used in these rules: Reflection period: the period during which
the consumer may exercise his right of withdrawal; Consumer: a natural person
a person who does not act in the performance of his professional or business duties and enters into
distance contract with the entrepreneur; Days: calendar days; Long-term transaction:
distance contract for a range of products and/or services,
whose delivery and/or purchase obligations are spread over time; Sustainable
data carrier: any means that allows a consumer or entrepreneur to
to store information that is personally addressed to him in a way that
allows future viewing and unchanged reproduction of stored information
Right of withdrawal: consumer option
to withdraw from the distance agreement during reflection; Entrepreneur: a natural or
a legal entity that offers products and/or services remotely to consumers
; Distance agreement: an agreement in which the entrepreneur sells products remotely within the framework of an organised system
and/or services
and/or within the framework of the distance selling system of services, the contract is concluded using
one or more telecommunications technologies;Telecommunications technology
: a means that can be used to conclude a contract,
the consumer and the entrepreneur are not in the same place at the same time
in the room.General terms: these general terms of the host
rules.
Article 2 – Identity of the entrepreneur
Email address: (upon request)
Company name: (upon request)
Chamber of Commerce number: (upon request)
Address: (upon request)
Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur.
and each concluded distance contract and order between
entrepreneur and consumer. Before concluding a distance contract
the text of these general terms and conditions is made available to the consumer
If this is not reasonably possible, before the contract
conclusion remotely it is indicated that the general terms and conditions are available at
are sent as soon as possible by the entrepreneur and at the request of the consumer
free of charge. If a distance contract is concluded electronically,
in derogation from the previous point and before the distance contract
conclusion, the text of these general terms and conditions may be made available
to the consumer electronically in such a way,
that the consumer can easily
save on a durable medium.
If the contract is concluded electronically,
Notwithstanding the previous paragraph and before the conclusion of the contract,
the text of these general terms and conditions may be
electronically made available to the consumer in such a way that
that the consumer can easily
to be stored on a long-term storage medium. If this is not reasonably possible,
before the contract is concluded, it will be indicated electronically,
where you can find the general terms and conditions electronically
and that they will be sent electronically or at the consumer's request
otherwise free of charge. In the event that in addition to these
the general terms and conditions also apply to specific product or service terms,
the second and third points apply, and
In the event of conflicting general terms and conditions, the consumer can always
to refer to the applicable rule that is most advantageous to him. If one
whether several provisions of these general terms and conditions are at any time complete or
partially invalid or are cancelled, the contract and these
the provisions remain in force, and the relevant condition after mutual
agreement is immediately replaced by a condition that is as close as possible to the
to the nature of the original condition. Situations not regulated in these general
conditions, must be evaluated in accordance with this
spirit of the general terms and conditions. Uncertainties about the interpretation or content of one or more of our terms and conditions
must be explained in accordance with this
the spirit of the general conditions.
Article 4 – Offer
If the offer has a limited validity period or is subject to conditions,
this is clearly stated in the offer. The offer is not binding. The entrepreneur
has the right to change and adjust the offer. In the offer
includes a complete and accurate description of the products offered and/or
description of the services. The description is sufficiently detailed to enable the consumer to properly assess
offer. If the entrepreneur uses
images, they are real images that reflect
products and/or services offered. Obvious errors or obvious typos
The offer does not bind the entrepreneur. All images, specifications and data
in the offer are indicative and cannot be a reason for compensation for damages or
for termination of the contract. The images of the products are
truly represent the products offered. The entrepreneur cannot
guarantee that the colors shown in the image accurately match the actual colors of the products
Each offer contains information that the consumer
clearly shows the rights and obligations associated with accepting the offer.
This applies in particular to: price, except
customs costs and import VAT. These additional costs are covered and
The risk is borne by the customer. Postal and/or courier services for imports
will use the special regulation for postal and courier services. This
The procedure applies if the goods are imported into the EU country of destination,
which is also the case here. Postal and/or courier services charge VAT (total
with or without customs charges collected) from the recipient of the goods
; possible shipping costs; the way in which
the type of contract conclusion and the necessary actions;
the application or non-application of the right of withdrawal; the method of payment,
delivery and performance of the contract; deadline for acceptance of the offer
or the period during which the entrepreneur guarantees the price;
remote communication tariff, if the costs of using remote communication technology
are calculated based on another
basis than the usual basic rate for the means of communication used; or
Is the contract archived after conclusion, and if so, in what way?
the consumer can view it; the way in which the consumer, before
for the conclusion of the contract, can be checked and, if necessary, corrected within the framework of the contract
the data provided; other
languages in which, in addition to Dutch, the contract can be concluded
; the ethical norms followed by the entrepreneur and
a way in which the consumer can electronically familiarize themselves with these ethical norms
and the minimum term of the distance contract in the case of a long-term transaction.
Optional: available sizes, colors, material types.
Article 5 – Agreement
The Agreement shall enter into force, subject to the provisions of paragraph 4, at the time when
the consumer accepts the offer and executes
the conditions set out therein. If the consumer has accepted the offer electronically,
the entrepreneur immediately electronically confirms
receipt of the acceptance of the offer. Until the entrepreneur has confirmed these
receipt of acceptance, the consumer may
cancel the contract. If the contract is concluded electronically,
the entrepreneur takes appropriate technical and organizational measures to
ensure the security of electronic data transmission, and ensure secure
web environment. If the consumer can make an electronic payment, the entrepreneur
observes appropriate safety measures. The entrepreneur may –
within the legal framework – to make sure that the consumer can fulfill his/her
payment obligations, as well as all facts and circumstances that are
important to conclude a distance contract responsibly. If
the entrepreneur has a valid reason, based on this check,
not to conclude a contract, he has the right to reasonably refuse the order or
request or impose special conditions of performance. The entrepreneur
The following is sent to the consumer along with the product or service:
information in writing or in a way that the consumer can understand
to be stored in an accessible manner on a durable medium:
1. the address of the entrepreneur's business visit, where
the consumer may submit complaints; 2. the conditions and manner in which
the consumer may exercise the right of withdrawal, or
a clear statement about the exclusion of the right of withdrawal; 3.
information on guarantees and available after-sales service; 4. Article 4(3)
in these regulations, unless the entrepreneur provides this information
has not been provided to the consumer before the performance of the contract; 5.
requirements for termination of the contract if the contract term
is longer than one year or is indefinite. In the case of a long-term transaction
the rule referred to in the previous paragraph applies only to the first
delivery. Each contract is concluded with a condition of compensation
on the sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the opportunity within 14 days
without cause to terminate the contract. This period of reflection
begins the day after the consumer receives the product or earlier
specified by the consumer and notified to the entrepreneur
representative. During the reflection period, the consumer will handle the matter with care.
product and packaging. He will unpack the product or
will use it only to the extent necessary to assess whether he wants the product
If he exercises his right of withdrawal, he will return the product
together with all supplied accessories and – if reasonably possible – in the original
in condition and packaging to the entrepreneur, according to
reasonable and clear instructions given by the trader. If the consumer
wants to exercise his right of withdrawal, he must do so on 14
within days of receiving the product.
Notification must be given in writing/by email.
After the consumer has declared his/her wish to use
right of withdrawal, the customer must return the product within 14 days.
The consumer must prove that the delivered goods were sent back on time,
for example, with proof of shipment. If the customer after
has not notified his/her wish by the end of the periods referred to in paragraphs 2 and 3
exercise the right of withdrawal or have not sent the product back to the entrepreneur,
the purchase is valid.
Article 7 – Costs in the event of refusal
If the consumer exercises his right of withdrawal, the costs for
The return of the goods is borne by the consumer. If
the consumer makes a payment, the entrepreneur repays this amount as soon as possible,
but no later than 14 days after withdrawal. In this case, the following applies:
provided that the product has already been received back to the online store or
proof of full return can be provided.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal in relation to
for the products described in points 2 and 3. Exclusion of the right of withdrawal
only applies if the economic operator has clearly stated this in the offer, at least in good time before
conclusion of the contract. The exclusion of the right of withdrawal is
is only possible for the following products: 1. which the entrepreneur has manufactured
according to the consumer's specifications; 2. which are clearly of a personal nature
; 3. which, due to their nature, cannot be sent back; 4. which can be quickly
to deteriorate or become obsolete; 5. whose price depends on fluctuations
in the financial market, which the entrepreneur cannot influence; 6. individual newspapers and
magazines; 7. audio and video recordings and computer software, which
the consumer has opened. 8. hygiene products that
the consumer has opened. The exclusion of the right of withdrawal is
possible only for services: 1. related to accommodation, transport, restaurant services or
spending free time on a specific date or at a specific time
period; 2. the delivery of which is with the express consent of the consumer
initiated before the end of the reflection period; 3. related to covenants and
lotteries.
Article 9 – Price
Within the validity period specified in the offer
The prices of the products and/or services offered are not increased, except for price changes that
arising from changes in the VAT rate. By way of derogation from the previous point, the entrepreneur may
offer products or services whose prices depend on
fluctuations in the financial market and which the entrepreneur cannot influence,
with changing prices. This relationship with fluctuations and
The fact that the prices indicated are indicative is stated in the offer.
Price increase within 3 months of signing the contract
is only permitted if it results from legitimate reasons
terms or conditions. Price increase 3 months after the conclusion of the contract
is only permitted if the entrepreneur has determined it
and: 1. it arises from lawful terms or conditions; or 2.
the consumer has the right to terminate the contract from
the date on which the price increase comes into effect. Place of delivery according to
Section 5(1) of the Sales Tax Act of 1968 is a country in which
the transport begins. In this case, the delivery takes place outside the EU.
Thus, the post office or courier will charge the supplier import duty or
customs costs. Therefore, the entrepreneur will not charge VAT
All prices are indicated with possible printing and
typographical errors. No liability is accepted for the consequences of printing and typographical errors.
In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product.
at the wrong price.
Article 10 – Compliance and warranty
The entrepreneur guarantees that the products and/or services comply with
contract, specifications mentioned in the offer, reasonable requirements regarding
quality and/or usability, as well as those in force at the time of conclusion of the contract
legal regulations and/or national regulations. If
The contract states that the entrepreneur guarantees that the product is suitable
for other than normal use. The operator, manufacturer or importer
The warranty provided does not affect the legal rights and claims that
the consumer may raise with the entrepreneur in accordance with the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing 14
must be reported to the entrepreneur in writing within 14 days of delivery. Return of products
must be in the original packaging and in new condition.
The warranty period of the contractor corresponds to
manufacturer's warranty period. The entrepreneur is never responsible for
the ultimate suitability of the products for each individual application carried out by
consumer, as well as any recommendations regarding the use of products or
The warranty does not apply if: The consumer
has repaired and/or modified the delivered products himself or has allowed third parties to do so
repair and/or modify; The delivered products have been subjected to unusual conditions
or otherwise carelessly handled or not in accordance with
the operator's instructions and/or the instructions on the packaging;
The deficiencies are wholly or partly due to rules that
the state has determined or will determine as to the type or quality of materials used.
Article 11 – Delivery and performance
The entrepreneur will exercise the greatest possible care when accepting
and fulfilling product orders. Considering
such information as referred to in Article 4 of these general provisions,
The company will fulfill accepted orders as quickly as possible, but
no later than 30 days, unless the consumer has agreed
for a longer delivery period. If the delivery is delayed or if
the order cannot be fulfilled or can only be fulfilled partially,
the consumer receives a notification of this no later than 30 days after placing the order.
In such a case, the consumer has the right to free of charge
cancel the contract and the right to compensation for possible damages. If the contract is cancelled in accordance with
the previous point, the entrepreneur will refund the amount paid to the consumer
as soon as possible, but no later than 14 days after the cancellation of the contract. If
delivery of the ordered product proves impossible, the entrepreneur
will endeavour to provide a replacement. No later than at the time of delivery
It will be announced in a clear and understandable manner that a replacement is being delivered.
In the case of substitutes, the right of withdrawal cannot be
be excluded. Possible return costs are covered by
entrepreneur. Risk of damage and/or loss of products
is assumed by the entrepreneur until the goods are delivered to the consumer or
to a representative previously indicated and notified to the entrepreneur,
unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, cancellation and extension
Termination of the contract The consumer may terminate a contract concluded for an indefinite period at any time.
and relating to a regular product (including electricity)
or the delivery of services, subject to
the terms and conditions for termination of the contract set for this purpose and a termination period not exceeding
one month. The consumer may terminate a contract concluded for a fixed period at any time
and relating to a regular product (including electricity)
or the delivery of services, subject to
the termination provisions set out in the contract and
a termination period of no longer than one month. The consumer may in the previous points
the above agreements: terminate at any time, including without limitation
termination at a specified time or for a specified period; terminate at least
in the same way as they are concluded; always end with the same
the notice period that the entrepreneur has set for himself. Extension
A contract concluded for a fixed period and relating to regular
the supply of products (including electricity) or services, may not
be extended or renewed for a specific period. By way of derogation from
the previous paragraph, a contract concluded for a fixed period and intended to
for regular delivery of daily, weekly and monthly newspapers and magazines,
may be tacitly extended for a fixed period not exceeding three months,
if the consumer can this extended contract until the end of the extension
cancel with a cancellation period not exceeding one month. The contract,
concluded for a fixed period and relating to regular delivery
products or services, may be indirectly extended indefinitely only if
if the consumer can cancel it at any time, subject to a maximum of one month's notice
notice period and a notice period of no more than three months, if
the contract applies to regular, but less frequently than once a month,
delivery of daily, news and weekly newspapers and magazines. Contract with
limited term for regular daily, news and
delivery of weekly newspapers and magazines (trial or introductory subscription) is not
silently extended and automatically ends after verification or
end of the introductory period. Term If the term of the contract is longer than one year,
the consumer may terminate the contract at any time after one year, subject to
a notice period of no more than one month, unless reasonableness and
Justice does not object to terminating the contract before the end of the specified term.
.
Article 13 – Payment
Unless otherwise agreed, the consumer's payable
amounts must be paid within 7 business days of
the beginning of the reflection period as referred to in Article 6(1). The Agreement on
In the case of the provision of a service, this period begins after the consumer has received
contract approval.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracies
the payment details provided or indicated.
In the event that the consumer fails to make payment, the entrepreneur has the right, except for those provided for by law, to:
restrictions, charge the consumer reasonable fees previously notified
costs.
Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days after the consumer
has identified deficiencies, fully
and clearly describing them. Complaints submitted to the entrepreneur are
responded to within 14 days of receipt
If the complaint takes longer to resolve,
the entrepreneur responds with a notification within 14 days
on receipt and indication of when the consumer can expect a more detailed response
If the complaint cannot be resolved amicably,
a dispute arises that is subject to the dispute resolution procedure. The complaint does not suspend
the entrepreneur's obligations, unless the entrepreneur specifies otherwise in writing
If the entrepreneur considers the complaint to be justified,
the entrepreneur will, at his own discretion, replace or
will repair the delivered products.
Article 15 – Disputes
For contracts between a business and a consumer to which these apply
general terms and conditions, only Dutch law applies.
This also applies if the consumer lives abroad.
Article 16 – Contacts
You can send us questions about the Terms of Service to contact@vivariga.com

