General terms and conditions of Venus Entertainment | Grote Gracht 99 | 6211 SV Maastricht, The Netherlands
kvk nummer 14062782 | btw nummer NL155684899BO3
Applicable with effect from 1 January 2015
1.1 These general terms and conditions apply to all sales by Venus Entertainment. The terms and conditions are freely available and registered on the website of Venus Entertainment (Sexshop Maastricht)
1.2 By placing an order, the purchaser confirms acceptance of all payment and delivery terms. Venus Entertainment retains the right to change its payment and/or delivery terms at any time and without prior notification.
1.3 Unless otherwise agreed upon in writing, Venus Entertainment does not recognize the conditions or stipulations of any third party.
1.4 Venus Entertainment guarantees that its products adhere to the terms defined in the agreement and to the specifications described in its offers.
2.1 Delivery is available while supplies last.
2.2 As stipulated by regulations covering distance purchases, Venus Entertainment will dispatch orders within 30 days. If this is not possible, for example because an item is out of stock or no longer available, or in the case of an exceptional delay for any other reason, or if an order cannot be completed in part or in full, Venus Entertainment will inform the purchaser accordingly within one month from the date on which the order was placed. In this circumstance, the customer is entitled to cancel the order at no charge and without being declared in default.
2.3 Unless proven otherwise, Venus Entertainment’s obligation to deliver an order shall be considered completed as soon as the goods comprising the order have been presented for delivery to the customer. When goods are presented for delivery via a transport company, that company’s report of a refusal to accept delivery constitutes full confirmation of a presentation for delivery.
2.4 All delivery times specified on the website are indications only. No rights can be derived from these indications.
3.1 Prices remain unchanged for the duration of an offer unless subject to change by legal stipulations or unless a Venus Entertainment supply manufacturer effects an interim price increase.
3.2 All prices shown on the site are subject to error and omission. Venus Entertainment accepts no liability for the consequences of errors and omissions in advertised prices.
3.3 All prices shown on the site are in Euros and include 21% VAT. For professional customers, prices are exclude VAT.
4. Approval / right of withdrawal
4.1 According to the distance purchase act, in the context of a retail purchase the purchaser is entitled to return an order in part or in full within a period of seven working days starting from the date on which the goods were accepted, and without obligation to state any reason. If goods are not returned to Venus Entertainment within this period, the sale is deemed completed. The purchaser is required to inform Venus Entertainment in writing of his intention to return goods within the period of seven working days of their acceptance. The purchaser must provide proof that the goods were returned within the allotted time, for example by providing proof of postage. All goods must be returned unused and in their original packaging and including all accessories and accompanying documentation. The right of withdrawal as stipulated by this article is void for goods that have been used, encumbered or damaged in any way. If Venus Entertainment accepts goods returned according to the conditions set out above, it will refund the full amount paid to the purchaser within 30 days. We will reimburse any shipping costs you paid for your order.
4.2 The right of withdrawal as described above applies only to goods already delivered.
4.3 The right of withdrawal does not apply to:
5. Information administration
5.2 Venus Entertainment respects the privacy of visitors to its internet site and works to safeguard the confidentiality of customers’ personal information.
6.1 Venus Entertainment guarantees that the products it delivers will meet requirements for use, reliability and durability during a period of one year after delivery, and upholds the manufacturer’s warranty for each product.
6.2 Venus Entertainment’s warranty period is equal to the the manufacturer’s warranty period. However, Venus Entertainment accepts no liability for the suitability of products for the specific requirements of use by individual purchasers nor for any advice given on the suitability of a product to meet such requirements.
6.3 The purchaser agrees to inspect goods immediately upon delivery and to report to Venus Entertainment, in writing, any error, defect or deficiency before returning the goods to Venus Entertainment. If goods have been delivered in error or are defective, this must be reported to Venus Entertainment in writing within two months of delivery. All goods must be returned unused and in their original packaging and including all accessories and accompanying documentation. The right of withdrawal and the right to return goods is void if goods have been used after the discovery of a defect, if damage occurs after the discovery of a defect, or if goods are encumbered or sold on after the discovery of a defect.
6.4 If Venus Entertainment deems the purchaser’s complaints to be grounded, it will decide either to replace defective goods free of charge or to agree, in writing, upon a reimbursement of damages incurred insofar as this amount does not exceed the total amount invoiced for the defective goods. Venus Entertainment accepts no liability for any other damage, including but not limited to any additional reimbursement in any form for damage suffered or reimbursement for indirect damage, consequential loss or damage due to lost earnings.
6.5 Venus Entertainment accepts no liability for deliberate damage or damage suffered as a result of deliberate laxity of persons overseeing the use of its products.
6.6 This warranty is void if: a) the purchaser is in default vis-à-vis Venus Entertainment; b) the purchaser has repaired or otherwise interfered with goods supplied by Venus Entertainment and/or if such repairs or interference have been carried out by a third party; c) the goods have been subjected to non-standard conditions or otherwise handled improperly or contrary to the guidelines supplied by Venus Entertainment and/or any instructions shown or included in their packaging; d) the defect originates wholly or partially in guidelines issued by the government pertaining to the nature or the quality of materials contained or used in the goods.
7.1 Offers are non-binding unless stated otherwise.
7.2 Venus Entertainment retains the right to withdraw or alter any non-binding offer accepted by a purchaser within a period of three days after the offer is accepted.
7.3 Agreements entered into orally by Venus Entertainment are valid only after express written confirmation.
7.4 Offers made by Venus Entertainment do not apply automatically to subsequent orders.
7.5 Venus Entertainment is not bound to honour any offer if a purchaser can reasonably be expected to understand that all or part of the offer arises from error or omission.
7.6 Additions, changes and/or further agreements pertaining to offers apply only when agreed upon in writing.
8.1 Venus Entertainment and the purchaser enter into an agreement at such time as Venus Entertainment accepts the purchaser’s order.
8.2 Venus Entertainment reserves the right to reject an order, without obligation to state a reason, and to accept an order on the condition that payment is made in advance or upon delivery.
9. Images and specifications
9.1 All images (including but not limited to photos and drawings), measurements, colours and images of labelling and similar constituents shown on the Venus Entertainment website are approximations and indications only and do not constitute grounds for reimbursement of damages incurred or the cancellation of an agreement..
10. Force majeure
10.1 Venus Entertainment accepts no liability for failure to meet the terms of any agreement due to force majeure.
10.2 Force majeure is defined as any unnatural cause or circumstance which can reasonably be excluded from the sphere of responsibility of Venus Entertainment. Force majeure may include but is not limited to delay or breach of contract by a supplier; disruption of internet, electricity or e-mail services or of any other technological service provided by a third party; transport disruption; strike; government measures; delay in delivery of goods to Venus Entertainment; negligence on the part of Venus Entertainment’s suppliers or manufacturers or of subsidiary personnel; staff illness; or defects in transportation or other equipment.
10.3 In the case of force majeure, Venus Entertainment reserves the right to suspend its obligations and/or to cancel an agreement in full or in part and/or to demand that the terms of an agreement are altered in such a way as to enable its completion. Under no circumstances is Venus Entertainment obligated to remit any fine or reimbursement for damages suffered.
10.4 If Venus Entertainment has already fulfilled its obligation in part before the occurrence of force majeure, or is able to fulfil only part of its obligation as a result of force majeure, it is entitled to issue an invoice for goods already delivered or still able to be delivered, and the purchaser is obliged to remit the amount of this invoice as if it pertained to a separate contract. This obligation does not apply if goods still deliverable or previously delivered have no independent value.
11.1 Venus Entertainment accepts no liability resulting from improper use of its products. Always read the instructions accompanying a product and/or consult the website otf the manufacturer before use.
12.1 Venus Entertainment retains ownership of all goods sold to and delivered to a purchaser until such time as the purchaser has fulfilled the terms of the agreement or of related earlier or later agreements; until the purchaser has completed any actions stipulated by the terms of this agreement or related agreements; or until the purchaser has satisfied the claims of Venus Entertainment arising from failure to adhere to the terms of such agreements including those pertaining to fines, interest and additional.
12.2 Goods supplied by Venus Entertainment and subject to retention of title may be sold on only in the context of normal business activity and may not be used as barter.
12.3 The purchaser is prohibited from pledging or otherwise encumbering any goods supplied by Venus Entertainment and subject to retention of title.
12.4 The purchaser unconditionally and irrevocably authorizes Venus Entertainment and/or its designated representative to enter any place at which the Venus Entertainment’s property is located and to take ownership of any such property in the context of asserting its right of ownership.
12.5 Should any third party garnish, seize or express any intention to exercise its right over any goods which are subject to retention of title, the purchaser will inform Venus Entertainment of such circumstance as soon as can reasonably be expected.
13. Applicable law / jurisdiction
13.1 All agreements are subject to the Dutch law.
13.2 Any dispute arising from an agreement between Venus Entertainment and a purchaser and to which a satisfactory resolution cannot be mutually agreed upon will be brought before the competent court in the district of Maastricht, The Netherlands, unless Venus Entertainment prefers to bring the dispute before the competent court in the place of business of the purchaser and with the exception of disputes falling under the jurisdiction of the sub-district court.