General terms and conditions

1.1. These terms and conditions apply to every offer from Vaya Vida and to every distance contract concluded between Vaya Vida and the consumer.

1.2. Vaya Vida is a trade name of Explose BV, established and with registered offices at Zeelberg 36, 5555XG, Valkenswaard, Chamber of Commerce number: 93500505.

1.3. Consumer: the natural person, not acting in the course of their profession or business, who orders or purchases a Vaya Vida product through the website.

1.4. The brand “Vaya Vida” is a protected brand and registered with the Benelux Office for Intellectual Property (P.O. Box 90404, 2509 LK, The Hague);

1.5. Additions to or deviations from these terms and conditions must be agreed in writing and apply only to the agreement for which they were made;

1.6. The rights and obligations arising from agreements between Vaya Vida and the consumer cannot be transferred by the consumer to third parties without the written consent of Vaya Vida;

1.7. Vaya Vida will not accept any other terms and conditions that conflict with these terms and conditions unless otherwise agreed in writing and confirmed by Vaya Vida.

2.1. All offers are non-binding and valid while supplies last. An offer that includes a term may be revoked by Vaya Vida, even after receipt of the order, provided that the cancellation is made within 5 business days of receipt of that order.

2.2. Quantities, weights, sizes, prices, etc., listed on the internet (website) are for informational purposes only. While the main product characteristics are displayed as accurately as possible, they are approximate and do not bind Vaya Vida.

3.1. By placing an order with Vaya Vida through the website, which includes checking the appropriate box on the website "to agree to the terms and conditions," the consumer confirms their agreement with the content of these terms and conditions, and the agreement is concluded.

3.2. The consumer will receive confirmation from Vaya Vida of the conclusion of the agreement by email.

4.1. The prices listed for products are in euros and include VAT and other government levies.

4.2. The shipping costs charged by Vaya Vida to the consumer are indicated separately on the website.

4.3. If a promotional price is offered, it is only valid for a specific period and only while supplies last.

4.4. Vaya Vida expressly reserves the right to change prices. A price change will not take effect until the consumer has been notified of it by Vaya Vida. If the price of a product increases between the time of ordering and the order's fulfillment by Vaya Vida, the consumer has the right to terminate the agreement within ten days of notification of the price increase by Vaya Vida.

4.5. Vaya Vida cannot be held to price indications that are clearly incorrect, for example, if the consumer should have understood that the indication in question contained an obvious mistake or typo.

Orders placed through the website can be paid for using the payment methods listed on the site. When paying with a third-party credit card or electronic payment method, the terms and conditions of the relevant card issuer or bank apply.

6.1. The consumer has the right to a 14-day cooling-off period after the product has been delivered to the consumer (or a third party, such as a neighbor), provided the packaging is intact (withdrawal period). This right expires if the products have been used.

6.2. In order to exercise the right of withdrawal, the consumer must inform Vaya Vida of his or her decision to withdraw from the contract using the model withdrawal form;

6.3. The contact form can be found at www.vaya-vida.com;

6.4. If the consumer has exercised the right of withdrawal as stated in the previous paragraph and returns the product, unused, with unbroken seal and/or seal, in original packaging, complete and with any supplied accessories without any damage to Vaya Vida within 14 days after the withdrawal, Vaya Vida will ensure that the payment is refunded to the other party within 14 days after receipt of the product;

6.5. The costs of return shipment are borne by the counterparty;

7.1. In principle, Vaya Vida strives to deliver internet orders to the sender within 48 hours.

7.2. The term specified in Article 7.1 is never to be considered a strict deadline. Exceeding this term does not entitle the consumer to compensation.

7.3. If the product is no longer in stock, Vaya Vida will endeavor to provide a replacement. The fact that a replacement product is being supplied will be clearly and comprehensibly communicated upon delivery. The right of withdrawal under Article 6 of these Terms and Conditions applies in full to a replacement product. Vaya Vida will bear the costs of any return shipping.

7.4. The shipping costs to be charged by Vaya Vida to the consumer are indicated separately on the website.

8.1. Vaya Vida will execute the agreement to the best of its knowledge and ability;

8.2. Vaya Vida is entitled to outsource the order or parts thereof to or have it carried out by third parties not employed by Vaya Vida without the consumer's consent;

8.3. The other party shall ensure that all data that Vaya Vida indicates is necessary, or that the consumer reasonably should understand is necessary for the performance of the agreement, are provided to Vaya Vida in a timely manner. If the data required for the performance of the agreement are not provided to Vaya Vida in a timely manner, Vaya Vida has the right to suspend the performance of the agreement.

9.1. Vaya Vida guarantees that all items are suitable and legally permissible for the purpose for which they are intended, and that they conform to the agreed specifications;

9.2. Subject to the provisions elsewhere in these terms and conditions, Vaya Vida warrants the soundness and quality of the products it supplies for at least one year after delivery. The warranty on repairs is three months;

9.3. If a product is unusable due to damage during shipping, or does not match the order, the consumer has the option to return the product and report this to Vaya Vida within 24 hours of receipt.

9.4. The consumer is obliged to read the information and advice included with the products before using them;

9.5. Complaints are not possible if:
– the items have been used for a purpose other than that for which they are normally intended or have been used, stored or transported in an improper manner in the opinion of Vaya Vida,
– the damage was caused by the consumer’s negligence or because the consumer acted contrary to the safety instructions or directions of Vaya Vida;

9.6. If the consumer makes a written complaint within 5 days of receipt, in accordance with the provisions of the relevant agreement and these general terms and conditions, and the complaint is found to be justified by Vaya Vida, Vaya Vida will, at its discretion, replace the defective goods (or parts thereof) free of charge (after which the replaced goods become its property) or grant a price reduction;

9.7. Processing a complaint does not suspend the consumer's payment obligation;

9.8. If attention is given to a complaint outside the cases described above, this is entirely voluntary and the consumer cannot derive any rights from this.

10.1. The items will be inspected by Vaya Vida before delivery.

10.2. The risk of loss or damage to the goods passes to the consumer at the moment when they are legally and/or physically delivered to the consumer and thus come under the control of the consumer or a third party designated by the consumer;

11.1. Vaya Vida is authorized to terminate the agreement in whole or in part, or to suspend its performance, with immediate effect, without judicial intervention, without prejudice to its other rights (to performance and/or compensation), if:
– the counterparty acts in breach of any provision of the agreement between the parties;– any asset of the counterparty is seized;

Ownership of the product supplied by Vaya Vida will be transferred to the consumer after the consumer has paid the amount due to Vaya Vida and the amount due has been received by Vaya Vida.

13.1. All intellectual property rights relating to the products belong to Vaya Vida.

13.2. The consumer is not permitted to reproduce, publish, or imitate the products without the explicit permission of Vaya Vida.

14.1. Vaya Vida is not liable for damages resulting from any failure to fulfill its obligations to the consumer. Compliance with the warranty/complaint obligations as described in Article 9 above constitutes the sole and entire compensation for damages. Any other claim for damages, on any grounds whatsoever, is excluded unless there is intent or gross negligence on the part of Vaya Vida or its managerial subordinates.

14.2. Vaya Vida is also not liable for intent or (gross) negligence of (non-managerial) subordinates or of others engaged by it in the context of the performance of the agreement;

14.3. Vaya Vida accepts no liability for any advice provided by or on behalf of it;

14.4. The consumer must always give Vaya Vida the opportunity to resolve a complaint, otherwise the liability claim and thus the compensation will lapse.

14.5. If the consumer complains promptly, correctly and justifiably about defects in a product, Vaya Vida's resulting liability is limited to the obligation to supply a new defective product free of charge in exchange for the return of the defective product.

14.6. Without prejudice to the provisions of the other sections of this article, Vaya Vida's liability, on any grounds whatsoever, is limited to the net price of the delivered goods. Compliance with this provision constitutes the sole and complete compensation for damages;

14.7. Notwithstanding the provisions of the previous paragraph, Vaya Vida shall never be liable for damages exceeding the insured amount, insofar as the damage is covered by an insurance policy taken out by Vaya Vida;

14.8. The consumer is familiar with the safety instructions and warnings provided on the goods and packaging. Vaya Vida is not liable for any damage, including immaterial damage and damage to health, that the consumer and/or a third party may suffer related to the use of the goods.

15.1. Force majeure within the meaning of these general terms and conditions means any circumstance beyond the control and control of Vaya Vida, whether or not foreseeable at the time the agreement was concluded, as a result of which performance cannot reasonably be expected of Vaya Vida, such as war, government measures, shortages of raw materials, factory or transport disruptions of any kind, strikes, lockouts or shortages of personnel, quarantine, epidemics, frost damage, failures of third parties engaged by Vaya Vida for the performance of the agreement (such as late deliveries by suppliers), etc.

15.2. Force majeure entitles Vaya Vida to terminate the agreement in whole or in part, or to suspend the performance of its obligations, without being liable for damages. The other party remains obligated to pay for the portion of the agreement already performed.

Vaya Vida will process all consumer data and information solely in accordance with its privacy policy.

If one or more provisions of this consumer agreement are invalid or not fully valid, the remaining provisions will remain fully in force. The invalid provisions will be replaced by an appropriate provision that most closely approximates the parties' intentions and the economic result they are seeking in a legally effective manner.

18.1. Vaya Vida's place of business is the place where the other party must fulfill its obligations to Vaya Vida, unless mandatory provisions oppose this.

18.2. All offers and agreements from Vaya Vida are exclusively governed by Dutch law.

18.3. All disputes arising from the agreement concluded between the other party and Vaya Vida, or from subsequent agreements that may result from it, will be settled by the competent court.