Terms & Conditions

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

1. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more techniques for distance communication;
4. Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time;
5. Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
9. Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the entrepreneur

Vito Elektro BV
Business address:
Van Hogendorplaan 60
7003 CW, Doetinchem
The Netherlands
Telephone number: 0314 393666

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
3. Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This specifically concerns:

1. the price excluding taxes;
2. any costs of delivery;
3. the manner in which the agreement will be concluded and the actions required for this;
4. whether or not the right of withdrawal applies;
5. the method of payment, delivery or performance of the agreement;
6. the period for accepting the offer or the period for adhering to the price;
7. the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the basic rate;
8. if the agreement is archived after it has been concluded, how it can be consulted by the consumer;
9. the manner in which the consumer can become aware of actions he does not want to take before concluding the agreement, as well as the manner in which he can rectify these before the agreement is concluded;
10. the possible languages in which, in addition to Dutch, the agreement can be concluded;
11. the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
12. the minimum duration of the distance contract in the case of a contract for the continuous or periodic delivery of products or services.

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

1. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
2. the information about existing after-sales service and guarantees;
3. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
4. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

Article 6 – Right of withdrawal upon delivery of products

Article 7 – The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

Article 8 – Warranty

2.1 Products
If a product or part of the product fails due to a defect in material or workmanship within x years* (see point 2.2) after the date of purchase, Vito elektro bv will, at its sole discretion, repair or replace the product or part thereof free of charge.
This warranty applies only to defects in materials and workmanship, and does not apply to products subject to misuse, negligence, intentional misuse, alteration, damage, cuts, or excessive wear. This warranty is limited solely to the repair or replacement of the product. This limited warranty does not cover labor to remove, reinstall, or refinish the product or part, nor does it cover any other materials that may be removed, reinstalled, or refinished to repair or replace the product or part. To the extent permitted by law, Vito disclaims all warranties, express or implied, including any warranties of fitness for a particular purpose. To the extent implied warranties exist, they are limited to the statutory duration. Third-party installations are excluded from any warranty.
Unless otherwise agreed and stated on the purchase invoice, liability or compensation will never exceed the purchase invoice amount.
2.2 One (1) year warranty after the date of purchase applies to electronic locks, door handles and cylinder(s) and not to keys.
Our doors carry a manufacturer's warranty of five (5) years from the date of purchase.
2.3 Installations by third parties are excluded from any warranty
Unless otherwise agreed and stated on the purchase invoice, liability or compensation will never exceed the purchase invoice amount.

Article 9 – Delivery and execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to the provisions of Article 4 of these general terms and conditions, the company will fulfill accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated, no later than upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of return shipping are borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 10 - Liability

Vito is not liable for any damages, whether direct or indirect, incidental, special, or consequential, or any other damages, including damage to property, bodily injury, lost revenues, or lost profits, arising under any theory of damages, including statutory, contractual, or judicial. Vito's liability will in no event exceed the purchase price of this product, in the event the limited or implied warranty or this limited warranty fails of its intended purpose.

Article 11 – Payment

1. Products purchased through the webshop must be paid for through the webshop, unless otherwise agreed.
2. For custom-made products, a 50% deposit is required. After receipt of the deposit, the order will be placed with the manufacturer. The remaining balance must be paid to Vito within fourteen days of delivery, or as otherwise agreed upon in the invoice.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
3. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known to him in advance. These costs include collection costs and interest.

Article 12 – Complaints procedure

1. The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

Article 13 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. A dispute will only be considered by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
3. The dispute must be submitted to the Disputes Committee in writing no later than three months after it has arisen.
4. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must state in writing within five weeks of a written request from the entrepreneur whether they also wish to do so or whether they wish the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
5. The Disputes Committee will issue a ruling under the conditions set out in the Disputes Committee regulations. The Disputes Committee's decisions are binding.
6. The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur has been granted a moratorium, has become bankrupt or has actually ceased his business activities before a dispute has been dealt with by the Committee at the hearing and a final decision has been rendered.

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