Terms of Use

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-Off Period: The period within which the consumer can exercise their right of withdrawal.

Consumer: An individual acting outside the scope of their trade, business, or profession who enters into a distance selling contract with the entrepreneur.

Day: Calendar day.

Duration Contract: A distance selling contract concerning a series of products and/or services where the obligation of delivery and/or purchase is spread over a specified period.

Durable Medium: Any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that permits later consultation and reproduction of the stored information without alteration.

Right of Withdrawal: The possibility for the consumer to cancel the distance selling contract within the reflection period.

Entrepreneur: The individual or legal entity offering products and/or services to consumers as part of distance selling.

Distance Selling Contract: A contract in which, as part of an organized system by the entrepreneur for distance selling of goods and/or services, one or more remote communication techniques are exclusively used up to the conclusion of the contract.

Remote Communication Technique: Methods that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location.

General Terms: These general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

 

Customer Service Email: info@vovara-brisbane.com

Article 3 - Applicability

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

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

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

In the case of specific terms applicable in addition to these general terms for products or services, paragraphs 2 and 3 also apply. In case of conflicting general terms, the consumer may always rely on the most favorable provision for them.

If one or more provisions of these general terms are found to be wholly or partially invalid or unenforceable at any time, the contract and these terms and conditions will remain in effect, and the affected provision will be immediately replaced by an agreement that closely resembles the original provision's intent.

Situations not covered by these general terms must be judged "in the spirit" of these terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted "in the sense" of these terms and conditions.

Article 4 - The Offer

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

The offer is non-binding. The entrepreneur is authorized to modify and adapt the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, they must be a true representation of the products and/or services offered. Obvious errors or manifest faults in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract cancellation.

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

Each offer contains the following information to ensure the consumer clearly understands the rights and obligations associated with accepting the offer, including:

• The price, excluding customs duties and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will apply the special regime for postal and courier services concerning imports. This regime applies when goods are imported into the EU destination country, which is the case here. The postal and/or courier service will collect VAT (whether included with customs duties or not) from the recipient of the goods;
• The delivery costs;
• How the agreement is concluded and what steps are necessary in this regard;
• Whether the right of withdrawal applies;
• The payment, delivery, and execution methods for the contract;
• The period for accepting the offer or the period during which the entrepreneur guarantees the price;
• The amount of any additional charges for remote communication if the costs for using the remote communication method are calculated on a basis other than the standard rate for the means of communication used;
• Whether the contract will be archived after conclusion and, if so, how the consumer can access it;
• How the consumer can verify and, if desired, correct the data provided in the context of the contract before concluding the contract;
• Any other languages in which the contract can be concluded in addition to Dutch;
• The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and
• The minimum duration of the distance selling contract in the case of a duration contract.

Optional: sizes, colors, types of available materials.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and meets the stipulated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may inquire - within the limits of the law - about the consumer’s ability to meet their payment obligations, as well as all relevant facts and factors for a responsible conclusion of the distance selling contract. If the entrepreneur has valid reasons, based on this inquiry, not to conclude the contract, they are entitled to refuse an order or request or to impose special conditions by stating the reasons.

The entrepreneur will provide the consumer with the following information with the product or service in writing or in a manner allowing the consumer to store it accessibly on a durable medium:

• The physical address of the entrepreneur’s headquarters where the consumer can send complaints;
• The conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• Information on warranties and after-sales service;
• The data mentioned in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;
• The conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration. In the case of a duration contract, the previous provision only applies to the first delivery.

Each contract is concluded under the condition precedent of the sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to cancel the contract without giving a reason within 14 days. This reflection period begins the day after the consumer or a designated representative receives the product and communicates this to the entrepreneur.

During the reflection period, the consumer must handle the product and its packaging with care. The consumer should only unpack or use the product to the extent necessary to determine if they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all accessories provided and - if reasonably possible - in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions from the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must do this in writing or by email. After the consumer has declared their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, by providing a shipping receipt.

If the consumer does not express their intention to exercise their right of withdrawal or does not return the product to the entrepreneur after the expiration of the periods mentioned in paragraphs 2 and 3, the purchase is considered final.

Article 7 - Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are the responsibility of the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, and at the latest within 14 days after the withdrawal, provided that the product has already been returned to the entrepreneur or that convincing proof of complete return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for certain products, as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly informed the consumer in the offer, at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for the following products:

• Made by the entrepreneur according to the consumer’s specifications;
• Clearly of a personal nature;
• Due to their nature, cannot be returned;
• May deteriorate quickly or have a short expiration date;
• The price fluctuates on the financial market, which the entrepreneur cannot control;
• For individual newspapers and magazines;
• For audio and video recordings and computer software that have been unsealed by the consumer;
• For hygiene products that have been unsealed by the consumer.

The exclusion of the right of withdrawal is only possible for the following services:

• Concerning accommodation, transportation, meals at a restaurant, or leisure activities that must be performed on a specific date or within a certain period;
• Where the delivery has begun with the consumer's explicit consent before the reflection period has expired;
• Concerning betting and lotteries.

Article 9 - The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except in the case of changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that fluctuate on the financial market and are beyond the entrepreneur's control. This dependence on fluctuations and the fact that the indicated prices are indicative will be specified in the offer.

Price increases within 3 months following the conclusion of the contract are only allowed if they result from legal provisions or regulations.

Price increases more than 3 months after the conclusion of the contract are only allowed if they have been agreed upon with the entrepreneur and:

• They result from legal provisions or regulations; or
• The consumer has the option to terminate the contract from the day the price increase takes effect.

In accordance with Article 5(1) of the VAT Act 1968, the place of delivery is the country where the transport begins. In this case, the delivery is made outside the EU. Therefore, the postal or courier service will collect VAT on import or customs duties from the customer. Consequently, the entrepreneur will not charge VAT.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of typographical and printing errors. In the case of typographical and printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Additional fees for customs clearance and/or duties are not included in the price and are the responsibility of the customer.

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services conform to the contract, the specifications mentioned in the offer, reasonable quality and/or usability requirements, and the legal and/or regulatory provisions in force at the time of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than the normal use.

A warranty provided by the entrepreneur, the manufacturer, or the importer does not affect the legal rights and remedies that the consumer can assert against the entrepreneur under the contract.

Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in a new condition.

The warranty period of the entrepreneur is that of the manufacturer. However, the entrepreneur is never responsible for the final suitability of the products for a specific application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or have been treated negligently or contrary to the entrepreneur’s instructions and/or the treatment indicated on the packaging;
• The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur commits to exercising the utmost care during the reception and execution of product orders.

The delivery location is the address communicated by the consumer to the company.

Subject to the provisions of Article 4 of these terms and conditions, the company will execute the accepted orders as promptly as possible, and no later than 30 days, unless the consumer has agreed to a longer delivery period. In case of delivery delays or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after the order. In this case, the consumer has the right to cancel the contract without any costs and to potentially claim damages.

In the event of cancellation according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, and no later than 14 days after the cancellation.

If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to deliver a replacement product. During the delivery, it will be clearly indicated that a replacement product is being provided. Replacement products cannot be excluded from the right of withdrawal. Any return costs are to be borne by the entrepreneur.

The risk of damage and/or loss of the products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and communicated to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Fixed-Term Contracts: Duration, Termination, and Renewal

Termination

The consumer can terminate a contract of indefinite duration for the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period not exceeding one month.

The consumer can terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time at the end of the validity period. The agreed termination rules and a notice period not exceeding one month must be observed.

The consumer can modify the agreements mentioned in the previous paragraphs:

• At any time and is not limited to termination at a specific time or period;
• Terminate them at least as they were concluded;
• Always with the same notice period as that set by the entrepreneur for themselves.

Renewal

A fixed-term contract regarding the regular delivery of products (including electricity) or services cannot be extended or renewed tacitly for a fixed period.

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer can terminate this extended contract at the end of the extension period with a notice period not exceeding one month.

A fixed-term contract for the regular delivery of goods or services can only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time with a notice period not exceeding one month, and a notice period not exceeding three months if the contract concerns regular delivery but less than once a month of daily or weekly newspapers or magazines.

A fixed-term contract for the regular delivery of daily or weekly newspapers or magazines under a trial subscription (trial or introductory subscription) will not be tacitly extended and will automatically terminate at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract after one year at any time with a notice period not exceeding one month, unless fairness and justice oppose termination before the agreed term expires.

Article 13 - Payment

Unless otherwise agreed, amounts due by the consumer must be paid within 7 business days following the start of the reflection period mentioned in Article 6(1). In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer is obliged to inform the entrepreneur without delay of any inaccuracies in the payment details provided or mentioned.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that were previously communicated to the consumer.

Article 14 - Complaint Procedure

Complaints regarding the execution of the contract must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, completely and clearly.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, it will lead to a dispute subject to dispute resolution.

A complaint does not suspend the entrepreneur's obligations, unless the latter indicates otherwise in writing.

If a complaint is deemed justified by the entrepreneur, the entrepreneur will replace or repair the delivered products at their discretion, free of charge.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This applies even if the consumer resides abroad.

Article 16 - CESOP

Due to measures introduced and strengthened from 2024 concerning the 'Act Amending the Value Added Tax Act of 1968 (Implementation Act for the Payment Services Directive)' and the introduction of the Central Electronic Payment Information System (CESOP), payment service providers may record data in the European CESOP system.