Terms & Conditions
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions apply:
- Grace Period: The time frame within which the consumer can exercise their right of withdrawal.
- Consumer: A natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur.
- Day: Calendar day.
- Duration Transaction: A distance contract related to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
- Durable Medium: Any method that allows the consumer or entrepreneur to store information addressed to them personally in a way that permits future consultation and unaltered reproduction.
- Right of Withdrawal: The consumer’s ability to cancel the distance contract within the cooling-off period.
- Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance.
- Distance Contract: An agreement made within a system organized by the entrepreneur for distance selling of products and/or services, using one or more techniques for distance communication up to and including the conclusion of the agreement.
- Technique for Distance Communication: Methods used to conclude an agreement without the consumer and entrepreneur being physically present together.
- General Terms and Conditions: The current General Terms and Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
- Trade Name: UWEVA Ecommerce
- Email Address: support@velvet-melbourne.com
- Address: Wethouder Kortingstraat 6, 5854PN, Bergen L, Netherlands, (No return/visit address)
For any questions, view our Frequently Asked Questions or contact us via our Contact Page.
ARTICLE 3 - APPLICABILITY
These general conditions apply to any offer from the entrepreneur and to any distance contract and orders between the entrepreneur and consumers.
Before concluding the distance contract, the text of these general conditions will be made available to the consumer. If not reasonably possible, it will be indicated that the general conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer electronically in a way that allows for easy storage. If this is not possible, it will be indicated where the terms can be inspected electronically, and they will be sent electronically or otherwise free of charge upon request.
Specific conditions for products or services in addition to these general conditions will apply as outlined, and in case of conflicting general conditions, the consumer may rely on the most favorable provision.
If any provisions are found void or unenforceable, the remaining terms will continue to apply, and the void provision will be replaced by a mutually agreed provision that closely reflects the original intent.
Situations not covered by these general conditions will be assessed in accordance with their spirit. Any uncertainties regarding the interpretation of these provisions should be resolved in the spirit of these terms.
ARTICLE 4 - THE OFFER
Offers are valid for the period specified or subject to conditions explicitly stated in the offer. Offers are non-binding, and the entrepreneur may alter or adapt the offer.
The offer will include a complete and accurate description of the products and/or services, allowing the consumer to assess the offer effectively. Images should reflect the products/services accurately, though the entrepreneur is not bound by obvious errors.
Each offer will clearly state:
- Price (excluding customs and import VAT, which are the customer’s responsibility)
- Any shipping costs
- How the contract is concluded and actions required
- Applicability of the right of withdrawal
- Payment, delivery, and performance methods
- Offer acceptance period or price guarantee
- Rate of distance communication if different from the regular rate
- Archiving of the agreement and access details
- Data verification and correction methods
- Available languages
- Codes of conduct and how to consult them
- Minimum duration for duration transactions
ARTICLE 5 - THE AGREEMENT
The agreement is effective upon acceptance by the consumer and fulfillment of conditions.
For electronic agreements, receipt confirmation will be provided, and the consumer may dissolve the agreement until confirmation is received. The entrepreneur will ensure data security for electronic transactions and may verify the consumer’s ability to meet payment obligations.
The entrepreneur will provide the following information with the product or service:
- Address for complaints
- Conditions and method for exercising the right of withdrawal
- Guarantee and after-sales service information
- Information per Article 4, Paragraph 3
- Termination requirements for agreements over one year
Agreements are subject to the availability of products.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Consumers can cancel the agreement within 30 days without giving reasons, starting the day after receipt of the product.
During this period, the consumer should handle the product and packaging carefully. If returning the product, it must be returned with all accessories and in its original condition if possible, following the entrepreneur’s instructions.
To exercise the right of withdrawal, the consumer must notify the entrepreneur within 30 days of receipt. The product must be returned within 30 days of notification. Proof of return is required.
Failure to notify or return the product within the specified periods will result in the purchase being final.
For the complete return policy, view here.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
If the consumer exercises the right of withdrawal, return shipping costs are the consumer’s responsibility.
The entrepreneur will refund any amount paid as soon as possible, but no later than 30 days after receipt of the returned product or proof of return.
ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL
The right of withdrawal can be excluded for certain products if clearly stated in the offer before the agreement is concluded. Exclusions apply to:
- Products made to consumer specifications
- Clearly personal products
- Products that cannot be returned due to their nature
- Perishable items
- Products subject to market fluctuations
- Individual newspapers and magazines
- Sealed audio/video recordings and software
- Hygienic products with broken seals
Exclusions for services include:
- Accommodation, transportation, or leisure activities on a specific date
- Services beginning with consumer consent before the withdrawal period ends
- Bets and lotteries
ARTICLE 9 - THE PRICE
Prices are fixed during the offer period unless VAT rates change.
Variable prices may apply for products affected by market fluctuations. Price increases within 3 months of the contract are allowed only due to legal changes or stipulated terms. Post-3-month increases are allowed if stipulated in the contract, with the consumer able to terminate the contract if desired.
Prices are subject to printing errors. The entrepreneur is not obligated to honor incorrect pricing.
ARTICLE 10 - CONFORMITY AND WARRANTY
The entrepreneur guarantees that products/services comply with the contract, offer specifications, and legal standards. Guarantees do not affect the consumer's legal rights.
Defects or incorrect products must be reported within 14 days of delivery. Warranty corresponds to the manufacturer’s period and does not cover:
- Self-repairs or modifications
- Abnormal conditions or improper use
- Defects due to government regulations
ARTICLE 11 - DELIVERY AND IMPLEMENTATION
Orders will be executed with care and within 14 days unless otherwise agreed. Delays or partial deliveries will be communicated within 14 days, allowing the consumer to dissolve the agreement without cost.
If an item cannot be delivered, a replacement will be provided, and costs for return shipments will be covered by the entrepreneur.
The risk of damage or loss is the entrepreneur’s until delivery to the consumer or their representative.
For our full shipping policy, view here.
ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION, AND EXTENSION
Termination:
- Indefinite Contracts: Can be terminated at any time with up to one month’s notice.
- Fixed-Term Contracts: Can be terminated at the end of the term with up to one month’s notice.
Renewal:
- Fixed-term contracts for regular deliveries cannot be automatically extended.
- Daily or weekly news subscriptions may be renewed for up to three months with a notice period of one month.
Contracts exceeding one year can be terminated after one year with one month’s notice, unless fairness dictates otherwise.
ARTICLE 13 - PAYMENT
Unless agreed otherwise, payments are due within 7 working days after the reflection period starts or upon confirmation of the agreement.
Consumers must report payment inaccuracies immediately. The entrepreneur may charge reasonable costs for non-payment.
For our full payment policy, view here.
ARTICLE 14 - COMPLAINTS PROCEDURE
Complaints must be submitted within 7 days of discovering defects. The entrepreneur will respond within 14 days, with a notice of receipt if more time is needed.
If unresolved, disputes will follow the dispute settlement procedure. Complaints do not suspend the entrepreneur's obligations unless stated otherwise.
If justified, the entrepreneur will replace or repair products free of charge.
ARTICLE 15 - DISPUTES
Only Australian law applies to agreements, even if the consumer resides abroad.
CONTACT DETAILS:
- Email Address: support@velvet-melbourne.com
- Address: Wethouder Kortingstraat 6, 5854PN, Bergen L, Netherlands