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Terms & Conditions / Terms of use for the website vidaXL

Terms and conditions

These terms and conditions apply to the use of the www.vidaXL.co.uk website, operated by Vida XL International B.V. (“we”, “our” or “us" as the context permits),
You accept that use of this website, and any transactions made via the website, is subject to these terms and conditions (“Terms”). We advise you to read these Terms carefully and thoroughly and print a copy for future reference. By browsing, using, registering with or completing any transaction via our website, you confirm that you have read, understood and agree to these Terms. If you do not, you must not use this website.

When placing an order on the website, you will be required to provide personal details including (without limitation) your full name, address, postcode, current residence and e-mail address. Your personal information will be used in accordance with the terms of our Privacy Policy . By agreeing to these Terms, you also confirm you have read, understood and agreed to the terms of our Privacy Policy.

Content:

Article 1 – Service availability
Article 2 – Information about us
Article 3 – Changes to the website
Article 4 – Order process
Article 5 – Confirmation of your order
Article 6 – Payment
Article 7 – Security
Article 8 – Delivery
Article 9 – Accuracy of content
Article 10 – Returns, cancellations and substitutions
Article 11 – Refunds
Article 12 – Warranty
Article 13 – Voucher codes
Article 14 – Ownership of rights
Article 15 – Liability
Article 16 – Other important terms
Article 17 – Contact us

Article 1 – Service availability

Our website is only intended for use by people resident in the UK (“Serviced Countries”). We do not accept orders from individuals outside those countries.

By placing an order through our website, you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old; you are resident in one of the Serviced Countries, and you are accessing our site from that country.

Article 2 – Information about us

Operated by: Vida XL International B.V.
Trading under name: vidaXL.co.uk

Registration address:
Smakterweg 112
5804 AM Venray
The Netherlands

E-mail address:
service@vidaXL.co.uk

Registration No: 52876861
VAT No: GB 117 2514 41

Article 3 – Changes to the website

We reserve the right to make changes to these Terms from time to time. All changes will take effect as soon as they are posted on the website and will apply to all contracts for the purchase of products from that date. It is your responsibility as a visitor to the website to read the terms and conditions every time you use this website.

Any waiver of these the terms and conditions can only be effective when written and signed by our authorised representative. In this case, the other provisions of these Terms remains fully remain intact.

Article 4 – Order process

Please see our How to Orderfor information about how to place an order on our website. All orders placed on vidaXL.co.uk are subject to the acceptance of our terms and conditions. (Please see section 1.2).

 

During the order process, you will be asked to check a box whereby you confirm that you have read, understood and agree to both the content and the applicability of these Terms. We will not take or process any orders unless these terms have been accepted.

The Terms in force at the time of completion of the contract will apply to your order, unless you specifically agree to the applicability of a newer, revised version.

When placing an order on our website you must register with us and provide a username and password (“log-in details”). Information that you provide on this website must be complete and accurate at all times. You are responsible for maintaining the confidentiality of your log in details. We shall not be liable for any damages or losses that may arise as a result of any failure by your own provided security. In the event that you have any concerns regarding your log in details or become aware of any possible misuse, please contact us at service@vidaXL.co.uk

Article 5 – Confirmation of your order

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we dispatch the products to you. Before that time, we may notify you we do not accept the order, or you may cancel it.

All products that you order through the website will remain our property until we have received your payment in full for the ordered products.

Article 6 – Payment

Payments can be made by any method mentioned in the Payment Methods section.

We process the payment as soon as we receive your order. Once we have checked your card or Paypal details and the current stock, the item is ready to be shipped off for delivery.

To ensure that your credit or debit card or Paypal account is not used without your permission, we will validate information given during the order process (name, address and other personal information submitted by you) against appropriate third party databases. By agreeing to these Terms, you agree to these checks. This information is only used to check your identity. No credit checks are performed and this will not affect your credit rating. All information given by you will be treated in accordance with our privacy policy and the Data Protection Act 1998.

We take your payment controlled by a third party merchant service provider that is compliant in respect of the payment card industry data security standards (PCI DSS version 2).

Article 7 – Security

Once you reach to the payment stage of your order, the secure mode will automatically be activated. This mode can be recognised by a padlock which is visible in the bottom right corner of your browser. The secure mode ensures that all of your details are encrypted for increased security.

In order for us to be able to process your payment with a debit or credit card, we will ask for your card details. We will ask you to provide these every time you make a payment to us. Except as set out in these Terms, we will not contact you by email or otherwise to request any payment card details or security information. If you do receive any e-mail that ask for such information, please contact our customer service immediately.

We use our reasonable endeavours to ensure that this website is free from viruses and other harmful content that might cause damage to your computer, although we make no guarantees to this effect. It is your responsibility to ensure you have the right equipment (including without limitation up to date anti-virus software) to use websites safely. Except where required by applicable law, we will not be responsible to you or any loss or damage suffered by you as a result of viruses or other harmful content by using our website.

Article 8 – Delivery

Delivery charges and timescales vary depending on the delivery address and the type of product you wish to receive. For further information, please see our delivery information.

We make every effort to meet the delivery dates we promise. However, occasionally due to unforeseen factors, delays are inevitable. We shall not be held responsible for any delay or failure to deliver products within the estimated timescales if it is wholly or partly caused by circumstances which do not lie within our control.

If no one is available at your residential or delivery address to accept the order, a note will be left to advise you of the current location of your order, which could be with your neighbour. Alternatively your order may have been returned to one of the carrier’s depots, and the note will advise you of how you may take delivery of your order.

The risk of damage or loss of products remains our responsibility until the earlier of the date the product passes to you (having paid in full for the product) or the date the first delivery attempt was made.

Delivery refunds can only be made in accordance with your legal rights under the Consumer Protection Distance Selling Regulations 200 or other applicable legislations.

Article 9 – Accuracy of content

Except as set out below, the price you pay is the price that was displayed at the time we received your order, except in the case of error.

While we use our reasonable endeavours to ensure all prices on the website are accurate, errors sometimes are inevitable. If we discover an error in the price, we will contact you as soon as possible to give you the options of reconfirming with the actual price or canceling your order. If we are unable to contact you, the order will automatically be cancelled. If you cancel but already have paid, we will refund you the full amount paid.

All prices are shown in pounds sterling and include VAT at the applicable rate. They exclude delivery rates which are shown in respect of product with our delivery information.

All sizes, measurements and dimensions are approximate. We try to display them as accurately as possible, yet we can not guarantee they are absolutely correct.

We use our reasonable endeavours to display pictures of the products as close as possible to their actual representation.

Article 10 – Returns

For direct information on returning your ordered goods, please refer to our Returns Policy section.

Under the Consumer Protection Distance Selling regulations, you have the right to cancel your order within 14 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products which will be processed in accordance the Refunds section below and otherwise in accordance with your statutory rights. For your convenience we also offer an additional return time of thirty days after you receive the product.

If you wish to cancel your order, you must inform us in writing by e-mail. We will then arrange a collection, where the order has to be collected in their original packaging and in the same condition in which you received them, for FREE (please see our Returns Policy section for more information). You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

These Terms do not affect your other statutory rights as a consumer are not intended to be a full statement of your statutory rights. For more information on your right as a consumer under protection of the distance selling regulations, please contact your local authority, trading standards department or a consumer advice centre.

On rare occasions, it is possible that product specifications change. If this is the case, we will contact you as soon as we can to offer you an alternative similar to the original product. If you are unhappy or not satisfied with the substitute or replacement, please contact our customer service. We will arrange a collection and refund you your money in accordance with our refunds policy in the Refunds section below.

If you believe that you have received defective, damaged or incorrect products, you must inform us within a reasonable amount of time. Please do not return the product to us in the first instance. Rather, we will contact you to discuss an appropriate remedy and may offer you (without limitation) a repair or replacement parts, a replacement product or a full refund. Where we offer you a refund, we will refund the price of a defective damaged or incorrect product in full, any applicable delivery charges and any reasonable costs you may incur in returning the item to us.

Article 11 – Refunds

If you cancel an order pursuant to in accordance with the Cancellations section above, we will refund any money paid by you after the ordered products have been returned to us. The refund will be made to the card or Paypal account you used while paying for the order and, as mentioned above, is subject to the regulations set for goods damaged on return or for which we arranged the collection.

Article 12 – Legal guarantee

We warrant that any product purchased from us through our website is in conformity with the relevant contract of sale during a minimum of two years from delivery of the product under EU law, but national law may provide you with additional rights. Conformity with the contract of sale means that the products comply with the description on our website, are fit for the purposes for which products of the same type are normally used and show the quality and performance which are normal in products of the same type and which can be reasonably expected. This legal guarantee also covers damage which may occur during shipping.

In case of a lack of conformity, you are entitled to have the products brought into conformity free of charge by repair or replacement or, if this is impossible or disproportionate, to an appropriate reduction in the price or a refund. If your purchased product is damaged, please do not hesitate to contact our customer service.

This legal guarantee does not affect or interfere with any of your other rights as a customer based on national laws and regulations.

Your rights under the legal guarantee become invalid if any party other than the manufacturer or any repair service not designated by us modifies the product.

Article 13 – Voucher codes

Every acquired coupon code is only valid once per customer (unless otherwise stated).

In order to enjoy the discount, your purchase needs to meet the following conditions (from the newsletter, advertiser): minimum order value, selected items, amount of items, expiration date, etc.

Make sure the discount is effective before finalizing the order. The validation of the order and its payment means that you, the customer, agree with the indicated price and that you cannot apply for reimbursement of the undeducted discount code after payment.

No refund will be given if you decide to validate the order while the discount has not been processed correctly.

Discount codes are not valid in combination with other coupon codes and auctions.

The terms of use, validity and value of the discount codes can, without notice, be changed.

If the code does not work, we would recommend you to email our customer service: service@vidaXL.co.uk.

Article 14 – Ownership of rights

By agreeing to our Terms you acknowledge and agree that all copyright and other intellectual property is made available for your personal use only and remains our property at all times.

You may download or copy content or materials as support for personal use of our website only. Copying, reproducing, publishing, distributing or displaying content or materials displayed on our website for any other use is unlawful and is prohibited by law.

The content and other materials on our website are made a available for your personal use only and shall not be copied or used, unless agreed to by us or one of our representatives within authorised written terms.

Article 15 – Liability

Subject to the remainder of this section headed Liability, if we fail to comply with these Terms, we shall only be liable to you for the purchase price of the products.

Subject to the remainder of this section headed Liability, we will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; loss of goodwill or reputation; waste of management or office time; or any special or indirect losses or loss of goodwill or reputation.

Nothing in this agreement excludes or limits our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; defective products under the Consumer Protection Act 1987; or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

Even though we use our reasonable endeavors to ensure our website meets all applicable security standards, we cannot be held responsible for unauthorised access of information you provide to us through our website.

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Article 16 – Other important terms

All contracts are concluded in the English language. All matters that might arise shall furthermore be governed by English law and will be subject to the jurisdiction of the English courts.

These Terms constitutes the entire agreement between us and supersedes all previous discussions, correspondence and negotiations between us relating to its subject matter.
We agree that neither of us shall have any remedy in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms. We each agree that that our only liability in respect of those representations and warranties that are set out in these Terms (whether made innocently or negligently) shall be for breach of contract.

The European Commission offers a website for consumer online dispute resolution (ODR): http://ec.europa.eu/consumers/odr/. This platform serves as a focal point for the extra-judicial settlement of disputes arising from online sales or service contracts, in which a consumer is involved.

No person other than a party to this agreement shall have any rights to enforce any term of this agreement.

Article 17 – Contact us

If you have any questions regarding or concerning these Terms or the website, please contact our customer service.

 

Terms of use for the website vidaXL

Version: 29 november 2016

Table of Contents

Article 1 - Definitions 
Article 2 - Applicability 
Article 3 – Customer Account 
Article 4 – Terms and Conditions of use for the Website 
Article 5 – Orders 
Article 6 - Auctions 
Article 7 - Review 
Article 8 – Terminating account and website functionalities 
Article 9 - Privacy and personal data 
Article 10 –Intellectual property and third party data 
Article 11 - Liability 
Article 12 - Various 

Article 1 - Definitions

Account: The account that the User must generate to be able to place orders, participate in Auctions and leave Reviews.
Third Party Seller(s): A third party that offers products to Users through the Website.
User: Any visitor to the Website.
Terms and Conditions of Use: These Terms and Conditions of Use for the websites of vidaXL.
Review: A review that can be left by the User of vidaXL, the Website and/or Third Party Seller(s).
Auctions: The Auctions that are held by vidaXL on the Website.
vidaXL: vida XL Ltd., headquartered in (5804 AM) Venray at Smakterweg 112.
Website: the website as actively found under the URL vidaxl.nl and any other website, URL or application dedicated by vidaXL.

Article 2 - Applicability

1. These Terms and Conditions of Use are applicable to any use of the Website, including the use of the Account.

2. vidaXL reserve the right to amend these Terms and Conditions of Use from time to time. The amended Terms and Conditions of Use will be applicable as soon as they have been published on the Website. For that reason, it is advisable to check the Terms and Conditions of Use regularly.

Article 3 – Customer Account

1. To be able to place orders, participate in Auctions and leave reviews, it is necessary to generate an Account. The User can generate an Account by supplying the required information through the online form on the Website. This form can be found under the header “New customer?”.

2. To generate an Account the User must:

a. be at least 18 years of age at the moment the Account is requested;
b. have a valid email address.

3. After the Account has been generated, the User will receive a confirmation email. As soon as the Account has been activated, the User can log in using his or her email address and the password chosen by him or her.

4. A certain email address can only be used once to generate an Account. An Account is strictly personal, not transferrable, and linked to the User who has generated the Account.

5. The User must ensure that the information he or she supplies regarding the Account and in any further communication with vidaXL is correct, complete and up to date. Any alteration in the personal data can be made by the User him or herself by logging onto the Account and processing the changes.

6. The User needs to keep the password confidential, and must take reasonable measures to prevent unauthorised third parties from gaining knowledge of and using the password and/or his or her Account.

7. The User is obliged to notify vidaXL immediately in the event of loss, theft or (suspected) abuse or unauthorised use of the password and/or the Account by a third party. Until such time that this notification is actually received by vidaXL, the User will be held accountable for any damages resulting from the abuse of the password and/or the Account.

8. If vidaXL ascertain or have reason to suspect that unauthorised third parties are using or able to use the User’s Account, vidaXL reserve the right to immediately block the Account in question, and recover any damages vidaXL may suffer as a result of this from the User, without vidaXl being held accountable for the damages suffered by the User.

Article 4 – Use of the Website

1. The User guarantees that the information and data supplied by him or her is correct, complete and reliable. vidaXL reserve the right to check the correctness of the supplied information and data, and to remove the information and data of the User, should it be proven that it is incorrect or its correctness cannot be verified.

2. The User is not allowed to:

• disrupt the operation of the Website or use software that could disrupt the operation of the Website;
• initiate processes or allow them to continue, of which he or she can reasonably suspect that they restrict other internet users or adversely affect the use of the Website;
• pose as another User.

3. The User is not allowed to replicate or make available (by means of deeplinking or otherwise) the Website or any part of it without having previously attained permission in writing from vidaXL.

Article 5 – Orders

1. The General Terms and Conditions of vidaXL and the Return Conditions of vidaXL are applicable to all orders from vidaXL placed through the Website. The User accepts these General Terms and Conditions and Return Conditions when generating an Account.

2. For orders from Third Party Sellers through the Website, the general terms and conditions and return conditions of the Third Party Seller(s) in question are applicable. These can be found on on the Third Party Seller(s) company page. If the Third Party Seller(s) does not have any separate return conditions, the Return Conditions of vidaXL are applicable to the purchase agreement between the User and the Third Party Seller(s).

Article 6 - Auctions

1. The Auction Conditions of vidaXL are applicable to participation in the Auctions held by vidaXL on the Website. The User accepts these Auction Conditions when generating an Account, or at least at such time that the User first participates in an Auction.

2. The User is not allowed to unfairly or improperly influence the bidding in any way.

Article 7 - Reviews

1. After a purchase through the Website, the User may be prompted by or on behalf of vidaXL to assess vidaXL, the Website and/or Third Party Seller(s) by leaving a Review. vidaXL reserve the right –but not the obligation-to place a Review on the Website or publish it in any other way, including the name, place of residence and date of the review as supplied by the User.

2. In case the Reviews are collected by a third party on behalf of vidaXL, the general terms and conditions and/or terms and conditions of use of the party in question are applicable to the Reviews.

3. vidaXL reserve the right not to publish a Review or remove it from the website if the Third Part Seller can prove that the review in question is:

• in contravention to the legislation or regulations in force;
• in contravention to public order or decency;
• a review of the product only;
• is not pertaining to the Third Party Seller in question;
• contains personal information of a third party;
• contains a URL or advertising;
• is fraudulent.

Article 8 – Terminating the Account and Website functionalities

1. vidaXL reserve the right to refuse Users or terminate their account unilaterally if there is reason to, for instance in case of:

• unauthorised use or abuse of the Website and/or the Account;
• failure to adhere to these Terms and Conditions of Use or the Auction Conditions;
• failure to adhere to agreements made between the User and vidaXL and/or Third Party Seller(s).

2. In addition, vidaXL have the right to limit, deny or revoke certain possible usages or to temporarily block the Account from being used in cases as described under Article 8.1.

3. At all times, vidaXL reserve the right to stop making certain functionalities of the Website available or amend these.

Article 9 - Privacy and personal data

1. The personal data supplied by the User to vidaXL, such as his or her name and address, telephone numbers and email addresses, are processed by vidaXL in files that are the property of vidaXL. This information will be used by vidaXL in order to manage Accounts and Auctions, process orders, delivery and invoicing and possible mediation in disputes between Users and Third Party Seller(s).

2. At all times, the User is able to access, alter or expand on his or her personal data by logging onto his or her account.

3. In principle, vidaXL will not supply personal data to third parties, unless this is required in order to execute an agreement with the User. vidaXL will for instance supply the User’s name and address, email address and telephone number to Third Party Seller(s), as far as this is required to execute a purchase agreement between the User and the Third party Seller(s). The communication between the User and Third party Seller(s) is handled through an email application of vidaXL’s. The communication is stored on vidaXl’s servers and can be accessed and used by vidaXL in order to:

• assist the user and/or Third Party Seller(s) in case of questions and/or issues;
• assess if the Third Party Seller(s) meets/has met the his or her requirements;
• and analyse process improvements.

4. The Websites uses cookies. Cookies are for instance deployed to remember supplied log in data. In addition, third party cookies are deployed on the Website.

5. The User may set up his or her browser in such a way that it does not receive cookies during his or her visit to the Website. It may be possible in this case however, that the User cannot fully utilise all functionalities of the Website, or his or her access to parts of the Website and/or the Account is restricted.

6. vidaXL reserve the right to store data regarding the visitor’s behaviour on the Website (the IP address used, among other things) if suspicions arise that abuse and/or unauthorised use of the Website is conducted through the User’s account.

7. For more information on the way vidaXL use the Users’ personal data and deploy cookies on the Website, please refer to vidaXl’s privacy policy, as found on the Website.

Article 10 –Intellectual property and third party information

1. Unless otherwise specified, all rights, including copyright and other intellectual property rights of the (information supplied on) the Website are reserved by vidaXL, in so far as they are not reserved by third parties/license holders that make the information available. 

2. The User is allowed to consult (the information supplied on) the Website and make copies of it for personal use, for instance by printing or storing it. Any other use, for instance storing or reproducing (parts of) the Website on a separate internet website or the creation of connections, hyperlinks and deeplinks to (parts of) the Website, is not permitted without explicit written permission from vidaXL.

3. The information on the Website is partly supplied by third parties, such as Third Party Sellers and other Users (in the case of Reviews). vidaXL cannot be held responsible for any damage resulting from incorrect, incomplete or wrongful information supplied by third parties on the Website.

4. The Website may contain links to external internet pages. vidaXl cannot be held responsible for the use or content of webpages to which a link to the Website is featured, or which feature a link to the Website.

Article 11 - Liability

1. The User acknowledges that in case of orders with Third Party Seller(s), the purchase agreement is made between the User and the Third Party Seller(s), and that vidaXl neither are nor will be any party in this agreement.

2. As such, vidaXL is not obligated to verify or assess the quality, quantity or capacity of the products that are offered by Third Party Sellers on the Website and cannot be held responsible in any way for damages resulting from the fact that such information turns out to be to be incorrect, incomplete or wrongful.

3. Should vidaXL be liable for damages incurred regardless, this liability is limited to the purchase price of the product in question, as invoiced by the Third Party Seller to the User in any case.

4. The liability of vidaXL, of whatever nature it may be, is limited to the amount that vidaXl’s liability insurance recompenses in the case in question.

Article 12 - Various

1. If one or more of the stipulations of these Terms and Conditions of Use may be or become no longer binding, invalid or inexecutable, the other stipulations will remain valid in full. In such a case, vidaXL will replace the stipulation in question with a new stipulation, to be determined by vidaXL and nearing the meaning of stipulation in question as much as possible.

2. To the use of the Website, the use of the Account and these Terms and Conditions, Dutch law is solely applicable.

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