Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period during which the consumer can exercise their right of withdrawal.

Consumer: The natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.

Day: Calendar day

Long-term 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 that is addressed to them personally in a way that allows future consultation and unaltered 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 from a distance.

Distance contract: A contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.

Remote communication technology: A means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same place at the same time.

General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

 

Article 2 – Applicability

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

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

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, 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 store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or by other means upon request.

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

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions shall otherwise remain in full force and effect, and the relevant provision shall be replaced without delay by mutual agreement with a provision that most closely reflects 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 of these terms and conditions 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 specific conditions, this will be expressly stated in the offer.
All offers are non-binding. The merchant reserves the right to modify or amend the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the merchant uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the merchant.

All images, specifications, and data included in the offer are indicative only and may not give rise to any right to compensation or termination of the agreement.

Product images are a true representation of the products offered. The merchant 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. This includes, in particular:

  1. The price, excluding customs clearance fees and import value-added tax (VAT). These additional costs shall be borne by and are the responsibility of the customer. The postal and/or courier service will apply the special arrangement for postal and courier services with respect to importation. This arrangement applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (whether or not combined with customs clearance fees) from the recipient of the goods.
  2. Any shipping costs.
  3. The manner in which the agreement will be concluded and the actions required to do so.
  4. Whether or not the right of withdrawal applies.
  5. The method of payment, delivery, and performance of the agreement.
  6. The period for acceptance of the offer or the period during which the merchant guarantees the price.
  7. The amount of any charges for distance communication, if the cost of using distance communication technology is calculated on a basis other than the regular base rate for the means of communication used.
  8. Whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer.
  9. The manner in which the consumer may review and, if desired, correct the information provided by the consumer in connection with the agreement prior to concluding the agreement.
  10. Any languages other than Dutch in which the agreement may be concluded.
  11. Any codes of conduct to which the merchant is subject and how the consumer may consult these codes of conduct electronically; and the minimum duration of the distance agreement in the case of a continuing transaction.
  12. 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 has accepted the offer electronically, the merchant will promptly confirm receipt of the acceptance electronically. As long as receipt of such acceptance has not been confirmed by the merchant, the consumer may cancel the agreement.

If the agreement is concluded electronically, the merchant will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer is able to make electronic payments, the merchant will observe appropriate security measures for this purpose.

Within the limits of applicable law, the merchant may obtain information as to whether the consumer is able to meet their payment obligations, as well as any other facts and factors relevant to responsibly entering into a distance agreement. If, based on this assessment, the merchant has reasonable grounds to decline the agreement, the merchant is entitled to refuse an order or application with stated reasons or to attach special conditions to its performance.

The merchant shall provide the consumer, with the product or service, the following information in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable medium:

  1. The visiting address of the merchant’s place of business where the consumer may submit complaints;
  2. The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. Information on warranties and existing after-sales service;
  4. The information referred to in Article 4, paragraph 3 of these terms and conditions, unless the merchant has already provided this information to the consumer prior to performance of the agreement;
  5. The requirements for termination of the agreement if the agreement has a duration of more than one year or is entered into for an indefinite period.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

All agreements are entered into subject to the suspensive condition of sufficient availability of the relevant products.

 

Article 5 – Right of withdrawal

Upon the purchase of products, the consumer has the right to terminate the agreement without stating reasons within a period of thirty (30) days. This cooling-off period commences on the day following receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the merchant.

During the cooling-off period, the consumer shall handle the product and its packaging with due care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to retain the product. If the consumer exercises the right of withdrawal, the product shall be returned to the merchant with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the merchant.

If the consumer wishes to exercise the right of withdrawal, the consumer is required to notify the merchant within thirty (30) days after receipt of the product. Such notification must be made by means of a written notice or email. After notifying the merchant of the intention to exercise the right of withdrawal, the consumer must return the product within thirty (30) days. The consumer bears the burden of proof that the goods have been returned in a timely manner, for example by providing proof of shipment.

If the consumer has not notified the merchant of the intention to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3, or has failed to return the product to the merchant within such periods, the purchase shall be deemed final.

 

Article 6 – Costs in case of withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has made a payment, the merchant shall refund this amount as soon as possible, but no later than thirty (30) days after the withdrawal. Such refund is conditional upon the product having been received by the online store or upon the consumer providing conclusive proof of complete return of the product.

 

Article 7 – Exclusion of the right of withdrawal

The merchant may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall apply only if the merchant has clearly stated this in the offer, or in any event in a timely manner prior to the conclusion of the agreement.

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

  1. That are manufactured by the merchant in accordance with the consumer’s specifications.
  2. That are clearly of a personal nature.
  3. That, by their nature, cannot be returned.
  4. That are subject to rapid deterioration or aging.
  5. Whose price is subject to fluctuations in the financial market over which the merchant has no control.
  6. For individual newspapers and magazines.
  7. For audio and video recordings and computer software where the consumer has broken the seal.
  8. For hygienic products where the consumer has broken the seal.

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

  1. Relating to accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period.
  2. Where performance has begun with the consumer’s explicit consent before the cooling-off period has expired.
  3. Relating to betting and lotteries.

 

Article 8 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in value-added tax (VAT) rates.

By way of exception to the foregoing, the merchant may offer products or services with variable prices if such prices are subject to fluctuations in the financial market over which the merchant has no control. Such dependence on market fluctuations and the fact that any prices stated may be indicative only shall be expressly stated in the offer.

Price increases within three (3) months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.

Price increases as from three (3) months after the conclusion of the agreement are permitted only if the merchant has stipulated this and:

such increases result from statutory regulations or provisions or the consumer has the right to terminate the agreement as of the date on which the price increase takes effect.

Pursuant to Article 5, paragraph 1 of the Dutch Turnover Tax Act (Wet op de omzetbelasting 1968), the place of supply is deemed to be the country in which transportation commences. In the present case, the place of supply is outside the European Union. Consequently, import VAT and/or customs clearance fees will be collected from the recipient by the postal or courier service. Accordingly, no VAT will be charged by the merchant.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing or typographical errors. In the event of such errors, the merchant is not obligated to supply the product at the incorrect price.

 

Article 9 – Identity of the entrepreneur

Company name: Kram Global Connect 

Business address: Zijderveldselaan 16, 4122 GP Zijderveld,  Utrecht - Netherlands

Email: info@valenawear.com

EIN / State Entity Number: 93746911

Sales Tax Permit/ID: NL005040212B21

 

Article 10 – Conformity and Warranty

The merchant warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. Where agreed, the merchant also warrants that the product is suitable for purposes other than normal use.

Any warranty provided by the merchant, manufacturer, or importer shall not affect the statutory rights and claims that the consumer may assert against the merchant under the agreement.

Any defects or incorrectly delivered products must be reported to the merchant in writing within thirty (30) days after delivery. Returned products must be sent in their original packaging and in new condition.

The merchant’s warranty period corresponds to the manufacturer’s warranty period. However, the merchant shall never be responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty shall not apply if:

  1. The consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties.
  2. The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the instructions of the merchant and/or the instructions stated on the packaging.
  3. The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

 

Article 11 – Delivery and performance

The merchant shall exercise the greatest possible care in accepting and fulfilling orders for products.

The place of delivery shall be the address provided by the consumer to the company.

Subject to the provisions set out in Article 4 of these general terms and conditions, the company shall fulfill accepted orders with due dispatch, but no later than thirty (30) days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be notified thereof no later than thirty (30) days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and is entitled to any applicable compensation.

In the event of termination in accordance with the preceding paragraph, the merchant shall refund the amount paid by the consumer as soon as possible, but no later than thirty (30) days after termination.

If delivery of an ordered product proves to be impossible, the merchant shall make reasonable efforts to provide a replacement item. No later than at the time of delivery, it shall be clearly and comprehensibly stated that a replacement item is being supplied. The right of withdrawal may not be excluded for replacement items. The costs of any return shipment shall be borne by the merchant.

The risk of damage and/or loss of products shall rest with the merchant until the moment of delivery to the consumer or to a representative designated in advance by the consumer and made known to the merchant, unless expressly agreed otherwise.

 

Article 12 – Long-term transactions: duration, termination, and renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one (1) month.

The consumer may terminate an agreement entered into for a fixed term and which provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one (1) month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

  1. At any time, and shall not be restricted to termination at a specific time or during a specific period;
  2. At least in the same manner as the agreement was entered into by the consumer; and
  3. Always with the same notice period as that stipulated by the merchant for itself.

Renewal

An agreement entered into for a fixed term and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

By way of exception to the foregoing, an agreement entered into for a fixed term and which provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three (3) months, provided that the consumer may terminate the extended agreement at the end of the extension period with a notice period of no more than one (1) month.

An agreement entered into for a fixed term and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one (1) month, and with a notice period of no more than three (3) months if the agreement provides for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly extended and shall automatically end upon expiration of the trial or introductory period.

Duration

If an agreement has a duration of more than one (1) year, the consumer may terminate the agreement at any time after one (1) year with a notice period of no more than one (1) month, unless principles of reasonableness and fairness preclude termination before the end of the agreed term.

 

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement. 

The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs that were communicated to the consumer in advance.

 

Article 14 – Complaints procedure

Complaints regarding the performance of the agreement must be submitted to the merchant within seven (7) days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the merchant shall be responded to within a period of thirty (30) days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the merchant shall, within the thirty (30) day period, provide a notice of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, a dispute shall arise that is subject to the applicable dispute resolution procedure.

A complaint does not suspend the obligations of the merchant, unless the merchant expressly states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

 

Article 15 – Disputes

All agreements between the merchant and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.

 

Article 16 – CESOP

As a result of the measures introduced and strengthened as of 2024 in connection with the Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive), and the related implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may be required to record and report payment data in the European CESOP system.