Terms and Conditions

Article 1 – Dfinitions

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 for purposes related to their trade, business, craft or profession and enters into a distance contract with Virsatile;


Day: calendar day;


Long-term transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;


Durable data carrier: any device that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unaltered reproduction of the stored information;


Right of withdrawal: the option 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 remotely to consumers;


Distance contract: a contract where, within the framework of a system organized by Virsatile for distance selling of products and/or services, only one or more means of distance communication are used until the conclusion of the contract;


Means of distance communication: tools that can be used to conclude a contract without the consumer and entrepreneur being together in the same room;


Terms and Conditions: these General Terms and Conditions of Virsatile.


Article 2 – Identity of Virsatile

 

Virsatile / Bries & Berg V.O.F.
Wijkeroogstraat
1951 AD
Velsen - Noord

Email: info@virsatile.com
Chamber of Commerce (KvK): 97874884
VAT Identification Number: NL868270519B01


Article 3 – Applicability

 

These supplementary terms apply to all agreements between Bries & Berg V.O.F.(registered name) (hereafter: ‘Virsatile’) and the consumer.

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, Virsatile will indicate where the terms can be reviewed and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may be made available electronically in such a way that the consumer can store them on a durable data carrier. If that is not possible, the consumer will be informed where to find the terms electronically, and they will be sent free of charge upon request.

If specific product or service conditions apply in addition to these general terms, the most favorable condition for the consumer prevails in case of conflicts.

If any provision of these terms is nullified or void, the rest of the agreement remains in effect. The invalid provision will be replaced by one that comes closest to the original intent.

Unregulated situations must be interpreted in the spirit of these general terms and conditions.


Article 4 – The Offer

 

If an offer has a limited validity or is subject to conditions, this will be explicitly stated.

All offers are non-binding. Virsatile may change or adjust the offer.

The offer includes a complete and accurate description of the products and/or services. Images used are truthful representations of the products and/or services. Obvious mistakes do not bind Virsatile.

All specifications and images are indicative and cannot lead to claims for damages or cancellation.

Each offer includes sufficient information for the consumer to understand their rights and obligations, including:

  • price including taxes
  • any shipping costs
  • method of concluding the agreement
  • whether the right of withdrawal applies
  • payment, delivery, and execution details
  • the validity of the offer or price guarantee period
  • communication cost breakdown if applicable
  • whether the contract is stored and how it can be accessed
  • how the consumer can check and correct entered data
  • any languages available for the contract besides Dutch
  • any codes of conduct adhered to by Virsatile
  • the minimum contract duration for long-term contracts

 

Article 5 – The Contract

 

The contract is established when the consumer accepts the offer and meets the related conditions.

If the consumer accepts electronically, Virsatile confirms receipt without delay. The consumer can cancel the contract until Virsatile confirms.

For electronic agreements, Virsatile uses appropriate security measures.

Virsatile may check if the consumer can meet payment obligations and may refuse orders or attach special conditions.

Upon agreement, the following will be shared in durable form:

  • Virsatile's contact details for complaints
  • conditions and process for withdrawal
  • warranty information
  • key details from Article 4(3)
  • cancellation requirements for long-term contracts

For ongoing contracts, this information applies only to the first delivery.

All contracts are subject to the availability of the product.

 

Article 6 – Right of Withdrawal

 

The consumer may withdraw from the contract within 14 days of receiving the product.

During this period, the consumer must handle the product and packaging carefully, inspecting only as needed.

If exercising the right of withdrawal, the product must be returned in original condition and packaging, including all accessories, per the provided instructions.

The consumer must notify Virsatile in writing or by email within 14 days of receiving the product. They must then return the product within another 14 days.

Proof of return (e.g., a shipping receipt) must be provided. If not, the sale becomes final.


Article 7 – Costs of Withdrawal

 

Return shipping costs are borne by the consumer.

Virsatile will refund payments within 14 days of withdrawal, provided the product is returned or proof of return is submitted.


Article 8 – Exclusion of the Right of Withdrawal

 

Virsatile may exclude the right of withdrawal for:

Products:

  • made to the consumer's specifications
  • clearly personal in nature
  • that cannot be returned due to their nature
  • that spoil or age quickly
  • affected by market fluctuations outside Virsatile's control
  • newspapers or magazines
  • audio/video/software with a broken seal
  • hygienic products with broken seals

Services:

  • involving accommodation, transport, catering, or leisure on a specific date
  • that started with the consumer’s consent during the cooling-off period
  • relating to gambling or lotteries


Article 9 – Pricing

 

Prices remain unchanged during the offer period unless VAT rates change.

Prices subject to market fluctuations may vary, and this will be stated in the offer.

Price increases within 3 months of the contract are only allowed if legally required. After 3 months, they are allowed only if:

a. legally required
b. the consumer can cancel from the effective date

All prices include VAT.
Typographical errors are not binding. If found, Virsatile is not obliged to honor incorrect pricing.


Article 10 – Conformity and Warranty

 

Virsatile guarantees that the product meets the contract, stated specifications, usability, and applicable laws/regulations at the time of the agreement.

Any additional manufacturer or importer warranties do not limit statutory consumer rights.

Defects or incorrect deliveries must be reported within 14 days.

Returns must be in original condition and packaging.

The warranty duration matches that of the manufacturer.

The warranty does not apply if:

  • the consumer or third party alters the product
  • the product is mishandled or used contrary to instructions
  • issues are caused by government regulations


Article 11 – Delivery and Execution

 

Virsatile takes care in processing and shipping orders.

The delivery address is what the consumer has provided.

Orders are shipped promptly, within 30 days unless otherwise agreed. If delays occur, the consumer is informed and can cancel for a refund.

If an item is unavailable, a replacement may be offered. The consumer is informed clearly, and return shipping is free.

Risk transfers to the consumer upon delivery, unless agreed otherwise.


Article 12 – Long-Term Contracts: Duration, Cancellation, Renewal

 

Cancellation

  • Indefinite contracts can be canceled anytime with up to one month’s notice.
  • Fixed-term contracts can be canceled at the end with up to one month’s notice.
  • Cancellation must be as easy as signing up, without unreasonable restrictions.

Renewal

  • Fixed-term contracts may not be automatically extended, except:
    • Newspapers/magazines may be extended for up to 3 months with monthly cancellation.
    • Indefinite extensions allow cancellation at any time with a max notice of 1 month (3 months if less frequent than monthly).
    • Trial subscriptions automatically end after the trial period.

Duration
Contracts longer than one year can be canceled after one year with a one-month notice, unless unreasonable.


Article 13 – Payment

 

Unless otherwise agreed, payments must be made within 7 business days after the withdrawal period begins.

In service contracts, this starts after the confirmation of the contract.

The consumer must report payment data errors promptly.

In case of non-payment, Virsatile may charge reasonable fees if disclosed in advance.


Article 14 – Complaints Procedure

 

Complaints must be submitted clearly within 7 days of discovery.

Virsatile will respond within 14 days. If more time is needed, the consumer will be informed.

Unresolved complaints result in a dispute subject to formal resolution.

Complaints do not suspend obligations unless stated otherwise.

If a complaint is justified, Virsatile may replace or repair the product at no cost.


Article 15 – Disputes

 

Law exclusively applies to agreements between Virsatile and the consumer, even if the consumer resides abroad.