Terms & Conditions

Table of Contents

  1. Definitions
  2. Identity of the Business
  3. Applicability
  4. The Offer
  5. The Agreement
  6. Right of Withdrawal
  7. Consumer Obligations During the Reflection Period
  8. Exercising the Right of Withdrawal & Associated Costs
  9. Obligations of TMC Upon Withdrawal
  10. Prices
  11. Conformity, Warranty & Liability
  12. Delivery & Execution
  13. Payment
  14. Privacy
  15. Complaints Procedure
  16. Applicable Law & Jurisdiction
  17. Changes to These Terms & Conditions

Article 1 - Definitions

In these Terms & Conditions, the following definitions apply:

  • Reflection Period: The period in which the consumer may exercise the right of withdrawal.
  • TMC: The business as described in Article 2, operator of the website.
  • Consumer: A natural person who is not acting in a professional or business capacity and enters into a distance contract with TMC.
  • Day: Calendar day.
  • Right of Withdrawal: The consumer's right to cancel the agreement within the reflection period without providing a reason.
  • Withdrawal Form: The form (see Article 8) provided by TMC that the consumer may complete to exercise the right of withdrawal.
  • Distance Contract: An agreement concluded between TMC and the consumer within a system organized by TMC for the sale of products and/or services remotely, using only distance communication technology.
  • Distance Communication Technology: Methods that allow an agreement to be concluded without the consumer and TMC being physically present in the same space.
  • Website: The online store operated by TMC.

Article 2 - Identity of the Business

Business Name: TMC
Address: Pieter Nieuwlandstraat 3, 3514 HA Utrecht, The Netherlands
Email: support@vivrosa.com
Chamber of Commerce Number: 92134866
VAT Identification Number: NL004938015B40

Article 3 - Applicability

These Terms & Conditions apply to all offers made by TMC on the website, all orders placed by the consumer via the website, and all distance contracts between TMC and the consumer.
Before a distance contract is concluded, these Terms & Conditions will be made available to the consumer in a way that allows them to be stored and reviewed later.
If any provision of these Terms & Conditions is found to be wholly or partially invalid or voidable, the agreement and remaining terms shall remain in force. The invalid provision shall be replaced by a clause that closely matches the original intent.

Article 4 - The Offer

All offers are non-binding. TMC reserves the right to withdraw an offer immediately after receiving acceptance from the consumer.
The offer includes a complete and accurate description of the products and/or services offered. Obvious errors or mistakes do not bind TMC.
TMC strives to present the products on the website as realistically as possible. However, minor variations may occur, which shall not be grounds for compensation or contract termination.
TMC cannot guarantee that displayed colours will exactly match the actual product colours.

Article 5 - The Agreement

The agreement is established when the consumer accepts TMC’s offer and TMC does not revoke it.
If the consumer accepts the offer electronically, TMC shall confirm receipt of the acceptance immediately. Until this confirmation is received, the consumer may cancel the agreement.
TMC reserves the right to verify whether the consumer can fulfil payment obligations and assess factors relevant to responsible contracting. If TMC has valid reasons to decline the agreement, it may refuse an order or impose additional conditions.
Every agreement is subject to product availability. If an item is out of stock, TMC will inform the consumer and provide the option to wait or receive a refund.

Article 6 - Right of Withdrawal

Consumers have 14 days from receiving the product to withdraw from the contract without providing a reason.
The reflection period starts the day after the consumer or an authorised third party (not the carrier) receives the product.

Article 7 - Consumer Obligations During the Reflection Period

Consumers must handle the product and packaging with care and may only use the product to the extent necessary to determine its nature, characteristics, and function.
Consumers are liable for any depreciation in the product’s value resulting from handling beyond what is necessary.

Article 8 - Exercising the Right of Withdrawal & Associated Costs

To exercise the right of withdrawal, the consumer must notify TMC within the reflection period using the withdrawal form or another clear statement.
The product must be returned within 14 days of the withdrawal notification.
The consumer is responsible for return shipping costs.
If the consumer exercises the right of withdrawal, all associated agreements are automatically canceled.

Article 9 - Obligations of TMC Upon Withdrawal

If TMC provides electronic withdrawal options, it will immediately confirm receipt.
TMC will refund all consumer payments, including standard shipping fees, within 5 business days of receiving the returned product.
Refunds will be made using the original payment method, unless otherwise agreed.

Article 10 - Prices

Prices listed on the website are in dollar ($), including VAT but excluding additional costs like shipping fees, which are disclosed at checkout.
TMC reserves the right to correct pricing errors and cancel orders placed at incorrect prices.

Article 11 - Conformity, Warranty & Liability

TMC guarantees that products conform to the agreement and legal requirements.
Warranty claims must be reported within two months of detecting a defect.
TMC is not liable for damage caused by:

  • Improper use of the product.

  • Normal wear and tear.

  • Failure to follow provided instructions.
    Liability is limited to the purchase price of the product.

Article 12 - Delivery & Execution

Orders are shipped to the address provided by the consumer.
If delivery is delayed or a product is unavailable, the consumer will be informed and can choose to wait or receive a refund.
TMC is responsible for the product until it is delivered to the consumer or an authorised recipient.

Article 13 - Payment

Payments must be made at the time of order placement unless otherwise agreed.
Consumers must report any payment inaccuracies immediately.
Late payments may incur statutory interest and collection fees.

Article 14 - Privacy

TMC respects your privacy. Please refer to our Privacy Policy for more details.

Article 15 - Complaints Procedure

Consumers may submit complaints via support@vivrosa.com.
Complaints will be responded to within 14 days. If more time is needed, the consumer will receive an estimated resolution timeline.

Article 16 - Applicable Law & Jurisdiction

These Terms & Conditions are governed by the laws of the Netherlands.
Disputes shall be settled in the courts of the consumer’s place of residence.

Article 17 - Changes to These Terms & Conditions

TMC reserves the right to amend these Terms & Conditions.
The version in effect at the time of purchase applies.
For any questions, please contact us at support@vivrosa.com.