Terms of service
ARTICLE 1. SCOPE OF APPLICATION
1.1. These GENERAL TERMS AND CONDITIONS (hereinafter the “General Terms and Conditions”) apply to and form an integral part of every offer, quotation and/or agreement made or entered into with VROOOMY NV, with its registered office at Boterbosstraat 6, PO Box 1, 3550 Heusden-Zolder and registered in the Crossroads Bank for Enterprises under number 0873.674.050 (RPR Antwerp, Hasselt division) (hereinafter the “Company” or “we”) for the sale of products, of whatever nature, via the Company’s online shop available at www.vrooomy.com (hereinafter the “Online Shop”).
1.2. In these General Terms and Conditions, “Consumer” or “you” refers to any natural person who purchases Products from the Company for purposes unrelated to their trade, business, craft or professional activity.
1.3. The Company and the Consumer enter into an agreement whereby the Consumer purchases one or more products from the Company (hereinafter “Product(s)”). The Consumer purchases the Products via the Company’s Webshop.
1.4. These General Terms and Conditions may only be deviated from if the parties have expressly agreed to this in writing, in which case the General Terms and Conditions shall at least retain their supplementary effect for all aspects not expressly regulated otherwise in writing.
1.5. If any provision of these General Terms and Conditions is wholly or partially void or is set aside, the remaining provisions shall remain in full force and effect.
1.6. The Company reserves the right to amend these General Terms and Conditions from time to time. The Company therefore advises the Consumer to check regularly whether any changes have been made.
ARTICLE 2. OFFER AND PRICES
2.1. The Products as offered in the Online Shop are available whilst stocks last.
2.2. An agreement shall only be deemed to have been concluded between the parties, and the Company shall only be deemed to be bound, following written confirmation of an order by the Company or the actual fulfilment thereof by the Company. Orders placed are binding on the Consumer. The Consumer is responsible for the accuracy of any order placed.
2.3. The weights, dimensions, capacities, colours and other details included in catalogues, advertisements, images, price lists and on the website are intended to be approximate only. Such details are binding on the Company only to the extent that the agreement expressly refers to them.
2.4. The prices quoted include VAT and other charges, unless expressly stated otherwise. For large parcels or specific products that incur additional delivery costs, these costs will be clearly stated during the checkout process of the Online Shop. The Company reserves the right to correct the price in the event of a material error.
2.5. If the delivery address or circumstances relating to the delivery change at the Consumer’s request, or if the Consumer has provided incorrect or incomplete information in this regard, the Company is entitled to charge the Consumer for the reasonable costs arising from such a change or incorrect information.
2.6. The validity period of promotions is clearly indicated on our website, so that you know how long an offer is valid.
2.7. You have the option to place an order using a registered account or as a guest. Having an account can simplify your experience, as your details will then be saved for future orders.
ARTICLE 3. ORDERS AND DELIVERIES
3.1. The Consumer may place orders via the Company’s Online Shop in accordance with the standard ordering process as described on the website.
3.2. The Company endeavours to process all orders in a timely manner. However, exceeding the delivery period shall never, even after notice of default, give rise to any liability or compensation on the part of the Company.
3.3. Unless otherwise agreed between the parties, dispatch and transport shall be at the Consumer’s expense as indicated during the ordering process via the website, regardless of how the transport is organised. The costs of dispatch and transport are stated at the time of ordering and are binding on the Consumer from the moment the order is placed and on the Company from the written order confirmation by email. If a parcel is missing or delayed, we will initiate an investigation via our partner postal carriers. Such an investigation takes 5 days. The Consumer is entitled to delivery no later than 30 days after the order, or failing that, at least within an additional period specified in writing by the Consumer, which is reasonable in view of the specific circumstances.
3.4. The risk of loss of or damage to the Products passes to the Consumer as soon as the Products are presented for delivery to the Consumer as indicated in the ordering process via the website.
3.5. In the event of refusal to accept the Products or if there is a delay in delivery resulting from a suspension of an order for which the Consumer is responsible, reasonable storage and transport costs may be charged to the Consumer, without prejudice to other charges including the agreed price, interest and the fixed compensation, or the Company’s right to terminate the contract.
3.6. Title to the Products shall only pass to the Consumer once the Consumer has fulfilled all obligations arising from the contract, including payment of the full price for the Products (principal, costs and interest). Pending this, the Consumer is liable for any loss, theft or damage to the Products, and the Consumer bears the risk in the event of third-party causes, accident or force majeure. Until all obligations have been fulfilled, the Products may under no circumstances be pledged, let, made available for use by others, exchanged or sold.
In the event of seizure of the Products, you must notify us immediately in writing. The Consumer undertakes not to process the Products under any circumstances until the full price for the Products has been paid. In the event that the Consumer processes or resells the Products, the Consumer shall, from that date, assign to the Company all claims arising from such resale, without prejudice to the Consumer’s own liability. The Consumer undertakes – if necessary on behalf of a third party (purchaser) or holder – to disclose the location of the Products at the Company’s first request, and to return the Products to the Company at the Consumer’s expense and risk, should the Company so request.
3.7. Further practical information regarding the delivery of the Products can be found on our shipping policy page.
ARTICLE 4. PAYMENT
4.1. When checking out the shopping basket in the Online Shop, the Consumer may select the desired payment method. If the payment method requires immediate payment for the Products, the order will only be dispatched once payment has been correctly received by us.
4.2. If the chosen payment method does not require immediate payment for the Products, you must pay for the Products no later than the due date stated on the invoice. If an invoice has not been settled, or has not been settled in full, by the due date, a written reminder (including but not limited to a reminder by post or email) will be sent to the Consumer, reminding them of their payment obligations for the outstanding amount. If the Consumer fails to respond to this payment reminder within the specified period of 14 days, the outstanding invoice amount shall be increased by operation of law by a fixed compensation, in accordance with the following schedule:
- The amount due is less than or equal to €150: by €20
- The amount due is between €150.01 and €500: by €30 + 10% of the amount due between €150.01 and €500
- The amount due is higher than €500.00: by €65 + 5% of the amount above €500, up to a maximum of €2,000.
4.3. The 30-day period commences on the third working day after the reminder is sent (if the reminder is sent by post) or on the day of dispatch (if the reminder is sent by email).
4.4. Furthermore, default interest shall be payable by operation of law at a rate equal to the reference interest rate plus eight percentage points, as referred to in Article 5(2) of the Act of 2 August 2002 on combating late payment in commercial transactions.
4.5. The Company may restrict or expand the payment options in the future. The Company shall not be liable for any direct or indirect damage suffered by the Consumer as a result of the execution of payment orders via the internet.
4.6. We use “Mollie” as our payment provider, whereby your credit card details are encrypted using SSL technology.
4.7. If you have not paid for a previous order in full, we reserve the right to refuse a new order.
4.8. If you are entitled to a refund from us, the refund will be made via the original payment method you selected in the Online Shop. Depending on your chosen bank, it may take a few working days for the amount to appear in your bank account.
ARTICLE 5. COMPLAINTS
5.1. The Consumer is obliged to check the delivered products for accuracy at the time of delivery. In doing so, the Consumer must check whether the quality and quantity of the delivered products correspond to what was agreed, or at least meet the requirements applicable in normal (commercial) practice.
5.2. Complaints regarding an order confirmation sent by the Company to the Consumer must be communicated to the Company in writing, stating the reasons, and must be received by the Company within seven days of the invoice date; failing which, the Consumer shall be deemed to have approved the order confirmation.
ARTICLE 6. WARRANTY
6.1. The Company grants the Consumer the statutory two-year warranty from the date of delivery for hidden defects in the products and all other legally granted warranties concerning the warranty and product liability. The Consumer must notify the Company no later than 30 days after discovering the defect, failing which the warranty shall lapse.
6.2. If a claim under the warranty by the Consumer is valid, the Company will, at your discretion, repair or replace the delivered Products and deliver them as agreed. If, in view of the circumstances, repair or replacement free of charge is not appropriate, you are entitled to demand a proportionate price reduction or to cancel the order for the part relating to the item in question. In the latter case, the Consumer shall be entitled to cancel the contract.
6.3. Any warranty obligations of the Company shall lapse if faults, defects or imperfections in the Products result from incorrect, careless or improper use, maintenance, storage or management of the delivered Products by the Consumer or by third parties engaged by the Consumer, or if they result from an external cause such as, for example, fire or water damage or damage caused by vandalism, or if the Consumer or a third party has made or had modifications made to the Products delivered by the Company without the Company’s consent.
6.4. Further practical information regarding the warranty can be found on our Warranty & Defects page
ARTICLE 7. RIGHT OF WITHDRAWAL
7.1. If the parties enter into a distance contract within the meaning of Article I.8, 15° of the Economic Law Code, the Consumer has the right to withdraw from the order within a period of 14 days, without giving any reason. In addition, you may also use the model withdrawal form provided, which is available at https://berghoff-toys.com/wp-content/uploads/2024/10/20241018_Modelformulier_Herroeping.pdf, but you are not obliged to do so.
7.2. As soon as the Company has confirmed receipt of the model form, the Consumer shall return the product in its original packaging, at their own risk and expense, to the address stated on the return label.
7.3. The product must be returned in an unused, unaltered and unassembled condition (including the labels and the unbroken seal). When returning the product, the original delivery note must always be included in the parcel, together with a clear indication of the Consumer’s name and address. Unless otherwise agreed between the parties, the shipping costs are to be borne by the Consumer. The risk of loss or damage to the Products during return is borne by the Consumer.
7.4. As soon as the items have been received in an unused, unaltered and unassembled condition, the amount paid (including the standard delivery costs initially paid, with the exception of any additional costs resulting from a choice of a delivery method other than the cheapest standard delivery offered by the Company) will be refunded within 14 calendar days using the same payment method as that used for the original transaction, unless expressly agreed otherwise.
7.5. If the product is damaged due to careless handling or by handling the product in a manner that goes beyond what was necessary to establish the nature and characteristics of the product, or if an incomplete product is returned, the Consumer shall be liable for any reduction in the value of the product.
7.6. Further practical information regarding your right of withdrawal can be found in our Returns & Refund Policy
ARTICLE 8. LIABILITY
8.1. If the Company is held liable for any direct damage, it shall, to the extent permitted by law, be liable only for compensation not exceeding either (i) the maximum amount of the order; or (ii) 500 euros. The Company shall not be liable for indirect damage, including consequential damage, loss of profit, non-pecuniary damage, loss of opportunity and lost savings.
8.2. The Company shall not be liable for damage of any kind arising from the Company having relied on incorrect and/or incomplete information provided by the Consumer.
8.3. This provision does not affect any mandatory statutory guarantees applicable to the Consumer.
8.4. To the extent permitted by law, the Company indemnifies its employees, legal representatives and other agents against all claims by the Consumer or third parties. The Consumer expressly acknowledges that they may not bring any legal action arising from or relating to the performance of the agreement against the Company’s employees, legal representatives and other agents, and shall bring any legal action arising from or relating to the performance of the agreement directly against the Company.
ARTICLE 9. FORCE MAJEURE
9.1. The term ‘Force Majeure’ as used in this article shall in any event be understood to mean unforeseen circumstances, including those of an economic nature, which have arisen through no fault or act of the Company, such as, among other things, serious disruption to operations, forced reduction in production, unforeseen shortcomings, production or delivery problems, delays caused by the Company’s suppliers, fire, strikes and lockouts, both at the Company and at suppliers, pandemics, epidemics, government intervention, government orders or measures, travel bans, war, hostilities, terrorist attacks or threats thereof, martial law, mobilisation, weather conditions that seriously impede the performance of the agreement, whether in Belgium or in any other country where any branches of the Company or of suppliers are located, delays in transport or delayed or incorrect delivery of products, materials or parts by third parties, including the Company’s suppliers.
9.2. If the Company is unable to perform the delivery and/or performance in whole or in part, or to perform it on time or properly, or is required to cancel it at any time due to one or more events of Force Majeure, then such (total or partial) non-performance, failure to perform on time or failure to perform properly shall not be attributable to the Company. The Company shall not be liable if a failure to perform is the result of an event of Force Majeure. In such cases, the Company shall be liable to pay compensation to the Consumer.
9.3. During the period in which Force Majeure applies, the Company’s obligations shall be suspended. If the period during which the Company is unable to fulfil its obligations due to Force Majeure lasts longer than three calendar months, both parties shall be entitled to terminate the agreement without judicial intervention, without any obligation to pay compensation in this regard.
ARTICLE 10. Customer Service
10.1. Customer satisfaction is our top priority. If you encounter technical issues with a product or have questions about your order, we are here to help. Please contact us via one of the following methods:
- Contact form: Get in touch easily via our contact form. Fill in your details and receive a reply as soon as possible.
- Email: You can reach us at support@vrooomy.com. Please include your name, order number and a clear description of the problem or question you have in your email. We aim to respond to your email within 24 hours.
- Online chat: Visit our website and use the live chat function. This is a quick way to communicate directly with a member of staff and get immediate answers to your questions.
- FAQs: Please also check our frequently asked questions (FAQ) section on the website. Here you will find answers to the most common questions about products, orders, delivery and returns (to return an item, you can use the following form, although this is not mandatory: https://berghoff-toys.com/wp-content/uploads/2024/10/20241018_Modelformulier_Herroeping.pdf).
We encourage you to contact us with any concerns or feedback, so that we can improve your experience. Our aim is to provide a solution that meets your expectations and ensures your complete satisfaction.
ARTICLE 11. Customer reviews
11.1. We place great value on our customers’ experiences. We encourage you to share your opinion on the products you have purchased from us. Your feedback helps us to continuously improve our services and products.
- Publication of reviews: We publish a selection of customer reviews on our website. This gives other customers an insight into users’ experiences. We aim to provide a fair and representative picture of the feedback we receive.
- Review verification: We do our best to ensure that the published reviews are authentic and come from genuine customers. When you submit a review, you can let us know if specific verification mechanisms have been applied to ensure the authenticity of the reviews.
- Restrictions on reviews: We reserve the right to refuse or remove reviews that are inappropriate, offensive or contrary to our guidelines. We wish to maintain a positive and constructive environment for all our customers.
11.2. By submitting your review, you agree that it may be published on our website and that we may use it for marketing purposes.
ARTICLE 12. Consumer disputes
12.1. The Company endeavours to resolve any consumer complaint as quickly as possible and by mutual agreement. Consumers may first address their complaint to our customer service team via support@vrooomy.com or via the contact form on our website.
12.2. If a complaint does not lead to a resolution, the consumer may invoke Becom’s complaints procedure. Becom provides consumers of online shops affiliated with the Becom trustmark with the option of out-of-court mediation with a view to reaching an amicable settlement.
Further information on this procedure can be found at:
https://becom.digital/nl/consumers-complaints/
12.3. In addition, the consumer may also use the European Commission’s Online Dispute Resolution (ODR) platform. This platform offers consumers and businesses a simple way to resolve disputes regarding online purchases without resorting to legal proceedings.
The ODR platform is available at:
We encourage customers to contact our customer service team first to find a solution. Should this not be possible, you are free to make use of the options above.
ARTICLE 13. MISCELLANEOUS PROVISIONS
13.1. Without prejudice to the other provisions of these General Terms and Conditions, the Company reserves the rights and powers vested in it. The sale of the Products does not result in the transfer of any intellectual, industrial or other (property) rights from the Company to the Consumer. Any samples, models and examples provided by the Company, such as designs, drawings, (electronic) files and images etc., are intended solely for use by the Consumer and may not be reproduced, made public or disclosed to third parties by the Consumer without the Company’s prior consent, unless the nature of the documents provided dictates otherwise.
13.2. The Company strictly complies with the applicable regulations regarding privacy and data protection. Further information can be found here: link to be added here BoostU
13.3. If any provision of these General Terms and Conditions is wholly or partially void or is set aside, the remaining provisions of these General Terms and Conditions shall remain in full force and effect.
13.4. The agreements between the Consumer and the Company are governed by Belgian law.
13.5. Any dispute relating to a purchase via the Online Shop falls within the jurisdiction of the courts and tribunals with territorial jurisdiction over the Consumer’s place of residence, provided that the Consumer is resident in Belgium.