Right to Withdraw
1. PRODUCT ORDERS
2. PAYMENT
3. SHIPPING POLICY
4. REVOCATION
5. RETURN POLICY
These Terms of Purchase apply to any order for product(s) that is placed on www.vimergy.eu (the “Website”), which is owned and controlled by Vimergy Europe BV, a Dutch limited liability company (“Vimergy”). By placing an order on the Website, you,
- agree to the Terms and Conditions of Use of the Website, the Terms of Service, and these Terms of Purchase;
- affirm you are over the age of 18;
- agree that the purchase is for personal use;
- agree to bound by the Terms of Purchase.
1. PRODUCT ORDERS
Your placement of an order to purchase a product constitutes a binding offer to conclude a sales contract with us. The contract is formed only when Vimergy accepts your order by sending you an order confirmation by email that includes the order number and details of the products ordered, the total price, and information on your statutory consumer rights. Vimergy is not obligated to accept every order; if we do not accept your order, we will inform you promptly and will not charge your chosen payment method.
As part of the purchase transaction, you will be asked at check-out to provide certain information, including without limitation, your full name, address, telephone number and payment information. You agree to provide to Vimergy, or such third party as authorized by Vimergy, accurate, complete and current information and to confirm that you are legally authorized to use the chosen payment method (e.g., credit card). You shall be responsible for all charges incurred and, where applicable, any taxes, shipping and handling fees.
2. PAYMENT
a. Accepted Methods of Payment
We accept various payment methods, including for example: credit cards (Visa, MasterCard, Discover and American Express), check cards from Visa and MasterCard, or PayPal. Our secure server encrypts all credit card information you enter. Occasionally, a request for credit card authorization fails before the card is finally authorized. If we experience difficulties in authorizing your credit card, we will notify you by phone or e-mail.
The actual payment methods available for your place of residence and at your time of ordering may vary. You will be informed about the payment methods available to you before placing your order on the Website.
b. Credit Card Charges.
Your credit card will be charged once Vimergy accepts your order. If, for any reason, we are not able to fulfill your order once it has been accepted, you will be contacted via email or your credit card will automatically be refunded. All credit card charges will appear on your statement as VIMERGY Europe BV.
c. Discounts, Store Credit, Gift Cards.
Before the final checkout on the Website, you will have the option to review and confirm the transaction, enter any promotional codes, store credits, or gift cards. Store credit and gift cards can only be used when logged in with a registered customer account. Registration is free of charge. To enter a store credit or gift card, please be sure to be logged into the account that your credit or gift card is related to.
3. SHIPPING POLICY
a. Shipping Time.
All orders are normally shipped within 1-2 business days of confirmation of an order, Monday – Friday, pending there are no backorders or delays. If you choose express shipping, please remember the estimated time it takes to get to you starts after the product is shipped. For example, if you ordered a product on Monday with 2-day shipping, that means the product will arrive 2 business days after the product ships. Please note that shipping times vary depending on your location. Please see shipping times here.
b. Shipping Carriers.
We use the following carriers to deliver our packages:
- USPS
- FedEx
- UPS
- DHL
Available shipping carriers and delivery options may vary depending on your shipping address and will be displayed to you during checkout.
c. Customs and Additional Charges.
Depending on your country and the shipping service you choose, you may be required to pay additional import or customs fees by your government in order to receive your package. Any additional charges are your full responsibility, and should be taken into consideration before placing an order. If a package is delayed, returned, or refused by customs or other authorities, we will work with you to resolve the issue. Responsibility for the goods remains with us until you (or a person you designate) take physical possession of them. If local authorities impose customs duties, taxes, or other charges that are lawfully payable by you, these remain your responsibility. We recommend that on all international shipments you include a phone number on the shipping documents in the event of delivery issues.
Some products may be subject to import restrictions in certain countries. We will inform you during checkout if we know a product cannot be legally shipped to your address. Nothing in this notice limits your statutory consumer rights.
d. Order Tracking.
We will update your order with the tracking information once the order is shipped. If for some reason you don't receive the order as expected, please contact us promptly so we can investigate and assist. This does not affect your statutory rights, including your right to receive the goods or to obtain a refund if delivery fails for reasons not attributable to you.
e. Shipping Rates.
The rate charged for the shipping of your order is based on the weight of your product(s) and the location of the final destination. Shipping rates are accessible on our Website. You will be shown your shipping total before checkout.
f. Free Shipping Offer.
We offer free shipping for orders EUR 85 or more. This is based on the order total, minus any discounts.
g. Back Orders.
If an item goes on back-order, we will hold your order and won't ship until all the items are in stock.
4. REVOCATION
a. Statutory right of revocation
You have a statutory right to withdraw from the contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you, or a third party indicated by you (other than the carrier), acquired physical possession of the goods. If your order consists of multiple goods delivered separately, the period runs from the day on which you or a third party indicated by you acquire possession of the last item.
To exercise the right of withdrawal, you must inform us at Vimergy Europe BV, Boompjes 40, 3011 XB Rotterdam, Netherlands or help@vimergy.com of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you cancel this contract, you shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal to us.
You will bear the direct cost of returning the goods, unless we have separately agreed to bear these costs.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
We will reimburse all payments received from you, including the cost of standard delivery (but not any extra cost resulting from your choice of a type of delivery other than the least expensive standard delivery we offer), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to cancel. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Model cancellation form:
(complete and return this form only if you wish to cancel the contract)
To Vimergy Europe BV, Boompjes 40, 3011 XB Rotterdam, Netherlands or help@vimergy.com:
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (),
Ordered on (…)/received on (),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
() Delete as appropriate.
5. RETURN POLICY
a. How to Return an Item?
In addition to your statutory right of withdrawal as set out before under Section 4, you have a 30-day right to return subject to the following conditions:
Only products purchased from the Website are eligible for and subject to this Return Policy. If a product was purchased from another source, please consult the return policy of the original place of purchase.
You may return any unopened product purchased on the Website within 30 days of your purchase. All product(s) must be in their original, unopened packaging to be accepted for a return, unless there is a manufacturer defect. Please contact us at help@vimergy.com to initiate and arrange for your return.
Once we have received and processed the returned product, we will strive to issue you a refund within 15 business days. If you have not received a refund within 25 business days from the day you sent us your return, please e-mail us for further assistance at help@vimergy.com.
If there was a manufacturer’s defect, or if the package was damaged in transit or you received the wrong item, please contact us as soon as possible at help@vimergy.com so that we can arrange a free return or replacement. This request for prompt notice does not affect your statutory rights, including your right to claim remedies for lack of conformity within the legal guarantee period.
b. Exchanges
If you ordered the incorrect item, we are happy to accept it for an exchange, as long as you make the request within the 30 days of your purchase, and the product is unopened and in its original condition. You will be responsible for return shipping, and the new shipping charge (if any) for the correct item.
6. COMMENTS OR CONCERNS WITH A PRODUCT
If you have a comment or concern with a product that was purchased from the Website, please promptly email help@vimergy.com, mail Vimergy Europe BV, Boompjes 40, 3011 XB Rotterdam, Netherlands, or telephone +1(904) 335-3254.
7. DATA PRIVACY AND RELATED-POLICIES
In addition to the Terms of Purchase, for other related policies on the use of the Website, please see Vimergy’s Privacy Policy, Terms and Conditions of Use, and Terms of Service. Vimergy’s Privacy Policy governs the processing of all personal data collected from you in connection with the purchase of products or services through the Website.
8. NOTIFICATION OF CHANGES TO THE TERMS OF PURCHASE
Vimergy reserves the right to revise, change or modify the Terms of Purchase at any time.
For one-time purchases, the version of these Terms of Purchase that is in effect at the time you place your order will apply to that order, and later changes will apply only to future purchases.
If you have a subscription or other ongoing delivery agreement with us, we will notify you of any proposed changes in advance and will give you the opportunity to review and explicitly accept the revised Terms of Purchase before they take effect.
If you do not consent, your existing subscription will continue under the original terms; however, we reserve the right to terminate the subscription with 30 days’ notice.
9. GOVERNING LAW
You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the U.S. State of Florida, excluding conflicts of law provisions thereof that would indicate the application of the laws of any other jurisdiction. If you are a consumer resident in the European Economic Area or the United Kingdom, you will also enjoy the protection of the mandatory consumer law provisions of your country of residence, and nothing in this Agreement affects your statutory rights hereunder.
10. FURTHER QUESTIONS.
If you have any further questions regarding the Terms of Purchase, please contact us by e-mail at help@vimergy.com, or by mail at:
Vimergy Europe BV
Boompjes 40
3011 XB Rotterdam
Netherlands