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- Supplementary agreement: an agreement in which a consumer
obtains products, digital content and/or services via a distance
contract, and MoneroGear.shop or third party delivers these products,
digital content and/or services in accordance with an agreement
between the third party and MoneroGear.shop;
- Withdrawal period: the period within which a consumer can make
use of his right of withdrawal;
- Consumer: a natural person whose actions are not carried out for
objectives relating to the course of a trade, a profession or a business;
- Day: calendar day;
- Digital content: data that are produced and supplied in digital form;
- Extended duration transaction: a distance contract relating to a
series of products and/or services, whereby the obligation to supply
and/or purchase is spread over a period of time;
- Durable medium: every means – including emails – that enables a
consumer or MoneroGear.shop to store information that is addressed to
him in person in a way that facilitates its future use or consultation
during a period that is in keeping with the objective for which the
information is intended, and which facilitates the unaltered
reproduction of the stored information;
- Right of withdrawal: the possibility for a consumer to waive a
distance contract within the withdrawal period;
- MoneroGear.shop: MoneroGear.shop, established in Portugal;
- Distance contract: a contract concluded between MoneroGear.shop and
a consumer within the framework of system organized for the distance
sale of products, digital content and/or services, whereby sole or partly
use is made of one or more techniques for distance communication up
to and including the moment that the contract is concluded;
- Model form for right or withdrawal: the European model form for
right of withdrawal that is included in Appendix I of these terms and
conditions. MoneroGear.shop is not obliged to provide Appendix I if the
consumer has no right of withdrawal with regard to his order;
- Technique for distance communication: means that can be used
for communication regarding the offer made by MoneroGear.shop and
concluding a contract, without the necessity of consumer and Monerogear.shop being in the same place at the same time.
Article 1 – Identity of the trader MoneroGear.shop, email@example.com.
Article 2 – Applicability
- These general terms and conditions apply to every offer made by Vigor
Lifestyle and to every distance contract that has been realized between
MoneroGear.shop and a consumer.
- Prior to the conclusion of a distance contract, the text of these general
terms and conditions will be made available to the consumer. If this is
not reasonably possible, MoneroGear.shop will indicate, before the
distance contract is concluded, in what way the general terms and
conditions are available for inspection at MoneroGear.shop’s premises and
that they will be sent free of charge to consumer, as quickly as possible,
at the consumer’s request.
- If the distance contract is concluded electronically, then, contrary to the
previous paragraph, and before the distance contract is concluded, the
consumer will be provided with the text of these general terms and
conditions electronically, in such a way that the consumer can easily
store them on a durable data carrier. If this is not reasonably possible,
then before concluding the distance contract, MoneroGear.shop will
indicate where the general terms and conditions can be inspected
electronically and that at his request they will be sent to the consumer
free of charge, either electronically or in some other way.
- In cases where specific product or service-related terms and conditions
apply in addition to these general terms and conditions, the second and
third paragraphs apply by analogy and the consumer can always invoke
the applicable condition that is most favourable to him in the event of
incompatible general terms and conditions.
Article 3 – The Offer
- If an offer is subject to a limited period of validity or is made subject to
conditions, this will be explicitly mentioned in the offer.
- The offer contains a complete and accurate description of the products,
digital content and/or services being offered. The description is
sufficiently detailed to enable the consumer to make a proper
assessment of the offer. If MoneroGear.shop makes use of illustrations,
these will be a true representation of the products and/or services being
offered. MoneroGear.shop is not bound by obvious errors or mistakes in
- Every offer contains information that makes it clear to the consumer
what rights and obligations are related to the acceptance of the offer.
Article 4 – The Contract
- The contract will be concluded, subject to that which is stipulated in
paragraph 4, at the moment at which the consumer accepts the offer
and the conditions thereby stipulated have been fulfilled.
- If the consumer has accepted the offer electronically, MoneroGear.shop
will immediately confirm receipt of acceptance of the offer
electronically. The consumer can dissolve the contract as long as this
acceptance has not been confirmed by MoneroGear.shop.
- If the contract is concluded electronically, MoneroGear.shop will take
suitable technical and organizational measures to secure the electronic
transfer of data and he will ensure safe web environment. If the
consumer is able to pay electronically, MoneroGear.shop will take suitable
- MoneroGear.shop may obtain information – within statutory frameworks
– about the consumer’s ability to fulfil his payment obligations, as well
as about facts and factors that are important for the responsible
conclusion of the distance contract. If that research gives Vigor
Lifestyle proper grounds for declining to conclude the contract, then he
has a right, supported by reasons, to reject an order or application or to
bind its implementation to special conditions.
- MoneroGear.shop will send to a consumer, at the latest when delivering a
product, service or digital content, the following information, in
writing, or in such a way that the consumer can store it on an accessible
a. the office address of the MoneroGear.shop business location
where the consumer can lodge complaints;
b. the conditions under which the consumer can make use
of the right of withdrawal and the method for doing so,
or a clear statement relating to preclusion from the right
c. information on guarantees and existing after-sales
d. the price, including all taxes on the product, service or
digital content; the costs of delivery insofar as
applicable, and the method of payment, delivery or
implementing the distance contract;
e. the requirements for terminating the contract, if the
duration of the contract exceeds one year or if it is
f. if the consumer has a right of withdrawal, the model
form for right of withdrawal.
- In case of an extended duration contract, the stipulation in the previous
paragraph applies only to the first delivery.
Article 5 – Right of withdrawal
- When purchasing products, a consumer has the right to dissolve a
contract, without giving reasons, during a period of at least 14 days.
MoneroGear.shop is allowed to ask a consumer for the reason of this
dissolution, but the consumer is under no obligation to state his/her
- The period stipulated in paragraph 1 commences on the day after the
product was received by the consumer, or a third party designated by
the consumer, who is not the transporting party, or:
a. if the consumer has ordered several products: the day on
which the consumer, or a third party designated by the
consumer, received the last product. MoneroGear.shop may
refuse a single order for several products with different
delivery dates, provided he clearly informed the
consumer of this prior to the ordering process.
b. if the delivery of a product involves different deliveries
or parts: the day on which the consumer, or a third party
designated by the consumer, received the last delivery or
the last part;
c. with contracts for the regular delivery of products
during a given period: the day on which the consumer,
or a third party designated by the consumer, received
the last product.
- A consumer has the right to dissolve a contract, without giving reasons,
for the supply of digital content that is not supplied on a material
medium during a period of at least fourteen days. MoneroGear.shop is
allowed to ask a consumer for the reason of this dissolution, but the
consumer is under no obligation to state his/her reason(s).
- The period stipulated in paragraph 3 commences on the day after the
contract was concluded.
- If MoneroGear.shop did not provide the consumer with the statutorily
obligatory information about the right of withdrawal or if the model
form was not provided, the withdrawal period ends twelve months after
the end of the originally stipulated withdrawal period based on the
previous paragraphs of this article.
- If MoneroGear.shop provided the consumer with the information referred
to in the previous paragraph within twelve months of the commencing
date of the original withdrawal period, the withdrawal period shall end
14 days after the day on which the consumer received the information.
Article 6 – Consumer’s obligations during the withdrawal period
- During the withdrawal period, the consumer shall treat the product and
its packaging with care. He shall only unpack or use the product in as
far as necessary in order to assess the nature, characteristics and
efficacy of the product. The point of departure here is that the
consumer may only handle and inspect the product in the same way
that he would be allowed in a shop.
- The consumer is only liable for the product’s devaluation that is a
consequence of his handling the product other than as permitted in
- The consumer is only liable for the product’s devaluation that is a
consequence of his handling the product other than as permitted in
Article 7 – Consumers who exercise their right of withdrawal and the costs
- A consumer who wants to exercise his right of withdrawal shall report
this to the MoneroGear.shop, within the withdrawal period, by means of
the model form for right of withdrawal or in some other unequivocal
- As quickly as possible, but no later than 14 days after the day of
reporting as referred to in para. 1, the consumer shall return the
product, or hand it over to (a representative of) the MoneroGear.shop. This
is not necessary if Vigor Lifestye has offered to collect the product
himself. The consumer will in any case have complied with the time for
returning goods if he sends the product back before the withdrawal
period has lapsed.
- The consumer returns the product with all relevant accessories, if
reasonably possible in the original state and packaging, and in
accordance with the reasonable and clear instructions provided by
- The risk and the burden of proof for exercising the right of withdrawal
correctly and in time rest upon the consumer.
- The consumer bears the direct costs of returning the product. If the
MoneroGear.shop has not declared that the consumer shall bear these costs
or if the MoneroGear.shop indicates a willingness to bear these costs
himself, then the consumer shall not be liable to bear the costs of
- If the consumer exercises his right of withdrawal, after first explicitly
having asked that the service provided or the delivery of gas, water or
electricity not prepared for sale shall be implemented in a limited
volume or a given quantity during the period of withdrawal, the
consumer shall owe the MoneroGear.shop a sum of money that is
equivalent to that proportion of the contract that the MoneroGear.shop has
fulfilled at the moment of withdrawal, in comparison with fulfilling the
- The consumer shall bear no costs for implementing services or the
supply of water, gas or electricity not prepared for sale – in a limited
volume or quantity – or for delivering city central heating, if:
a. MoneroGear.shop did not provide the consumer with the
statutorily obligatory information about the right of
withdrawal, the costs payable in the event of withdrawal
or the model form for right of withdrawal, or:
b. the consumer did not explicitly ask about the
commencement of implementing the service or the
delivery of gas, water, electricity or city central heating
during the period of withdrawal.
- The consumer shall bear no costs for the entire or partial supply of
digital content that is not supplied on a material medium, if:
a. prior to delivery, he did not explicitly agree to
commencing fulfilment of the contract before the end of
the period of withdrawal;
b. he did not acknowledge having lost his right of
withdrawal upon granting his permission; or
c. MoneroGear.shop neglected to confirm this statement made
by the consumer.
- If a consumer exercises his right of withdrawal, all supplementary
agreements are legally dissolved.
Article 8 – MoneroGear.shop’s obligations in a case of withdrawal
- If MoneroGear.shop makes it possible for a consumer to declare his
withdrawal via electronic means, then after receiving such a
declaration, he sends immediate confirmation of receipt.
- MoneroGear.shop reimburses the consumer immediately with all
payments, including any delivery costs MoneroGear.shop charged for the
returned product, though at the latest within 14 days after the day on
which the consumer reported the withdrawal. Except in cases in which
MoneroGear.shop has offered to retrieve the product himself, he can
postpone refunding until he has received the product or until the
consumer proves he has returned the product, depending on which
- For any reimbursement, MoneroGear.shop will use the same payment
method that was initially used by the consumer, unless the consumer
agrees to another method. Remboursement is free of charge for the
- If the consumer chose an expensive method of delivery in preference to
the cheapest standard delivery, the MoneroGear.shop does not have to
refund the additional costs of the more expensive method.
Article 9 – Precluding the right of withdrawal
MoneroGear.shop can preclude the right of withdrawal for the following products and
services, but only if MoneroGear.shop stated this clearly when making the offer, or at least
in good time prior to conclusion of the contract:
- Products or services whose prices are subject to fluctuations on the
financial market over which MoneroGear.shop has no influence and which
can occur within the period of withdrawal;
- Contracts concluded during a public auction. A public auction is
defined as a sales method whereby MoneroGear.shop offers products,
digital content and/or services at an auction, under the directions of an
auctioneer, and whereby the successful purchaser is obliged to
purchase the products, digital content and/or services;
- Service contracts, after full completion of the service, but only if
a. implementation started with the explicit prior
agreement of the consumer; and
b. the consumer declared having lost his right or
withdrawal as soon as MoneroGear.shop had completed the
contract in full;
- Package travels, package holidays and package tours as referred to in
article 7:500 BW and contracts on passenger transport;
- Service contracts providing access to accommodation, if the contract
already stipulates a certain date or period of implementation and other
than for the purpose of accommodation, the transport of goods, car
rental services and catering;
- Contracts relating to leisure activities, if the contract already stipulates
a certain date or period of implementation;
- Products manufactured according to the consumer’s specifications,
which were not prefabricated and were made based on a consumer’s
specific choice or decision, or which are clearly intended for a specific
- Products subject to rapid decay or with a limited shelf-life;
- Sealed products that, for reasons relating to the protection of health or
hygiene, are unsuited to returning and whose seal was broken
subsequent to delivery;
- .Products that, due to their nature, have been irretrievably mixed with
- Alcoholic drinks whose price was agreed when concluding the contract,
but the delivery of which can only take place after 30 days, and the
actual value of which depends on market fluctuations over which Vigor
Lifestyle has no influence;
- Sealed audio/video-recordings and computer apparatus whose seal was
broken after delivery;
- The delivery of digital content other than on a material medium, but
a. the delivery commenced with the consumer’s explicit
prior agreement, and
b. .the consumer declared that this implied his having lost
his right of withdrawal.
Article 10 – The Price
- During the period of validity indicated in the offer, the prices of the
products and/or services being offered will not be increased, except for
price changes in VAT-tariffs.
- Contrary to the previous paragraph, MoneroGear.shop may offer products
or services at variable prices, in cases where these prices are subject to
fluctuations in the financial market over which MoneroGear.shop has no
influence. The offer must refer to this link with fluctuations and the fact
that any prices mentioned are recommended prices.
- Price increases within 3 months after the contract was concluded are
only permitted if they are the result of statutory regulations or
- Price increases more than 3 months after the contract was concluded
are only permitted if MoneroGear.shop stipulated as much and:
a. they are the result of statutory regulations or
b. the consumer is authorized to terminate the contract on
the day on which the price increase takes effect.
- Prices stated in offers of products or services include VAT.
Article 11 – Contract fulfilment and extra guarantee
- MoneroGear.shop guarantees that the products and/or services fulfil the
contract, the specifications stated in the offer, the reasonable
requirements of reliability and/or serviceability and the statutory
stipulations and/or government regulations that existed on the date
that the contract was concluded. If agreed MoneroGear.shop also
guarantees that the product is suited for other than normal designation.
- An extra guarantee arrangement offered MoneroGear.shop, manufacturer
or importer can never affect the statutory rights and claims that a
consumer can enforce against MoneroGear.shop on the grounds of the
contract if MoneroGear.shop failed to fulfil his part in the contract.
- An extra guarantee is defined as every commitment of MoneroGear.shop,
his supplier, importer or manufacturer that grants a consumer rights or
claims, in excess of those provided by law, for the event that he fails to
fulfil his part in the contract.
Article 12 – Supply and implementation
- MoneroGear.shop will take the greatest possible care when receiving and
implementing orders for products and when assessing applications for
the provision of services.
- The place of delivery is deemed to be the address that the consumer
makes known to the company.
- Taking into consideration that which is stated in article 3 of these
general terms and conditions, the company will implement accepted
orders with efficient expedition, though at the latest within 30 days,
unless a different period of delivery has been agreed. If delivery suffers
a delay, or if the delivery cannot be implemented, or only partially, the
consumer will be informed about this at the latest 30 days after the
order was placed. In this case, the consumer has a right to dissolve the
contract free of charge and a right to possible damages.
- Following dissolution in accordance with the previous paragraph, Vigor
Lifestyle refunds the consumer immediately the sum he had paid.
- The risk of damage and/or loss of products rests upon MoneroGear.shop
up to the moment of delivery to the consumer or a representative
previous designated by the consumer and announced to MoneroGear.shop,
unless this has explicitly been agreed otherwise.
Article 13 – Extended duration transactions: duration, termination and
- The consumer has a right at all times to terminate an open-ended
contract that was concluded for the regular supply of products
(including electricity) or services, subject to the agreed termination
rules and a period of notice that does not exceed one month.
- The consumer has a right at all times to terminate a fixed-term contract
that was concluded for the regular supply of products (including
electricity) or services at the end of the fixed-term, subject to the agreed
termination rules and a period of notice that does not exceed one
- With respect to contracts as described in the first two paragraphs, the
a. terminate them at all times and not be limited to
termination at a specific time or during a specific period;
b. terminate them in the same way as that in which they
c. always terminate them subject to the same period of
notice as that stipulated for MoneroGear.shop.
- A fixed-term contract that was concluded for the regular supply of
products (including electricity) or services may not be automatically
prolonged or renewed for a fixed period of time.
- In departure from that which is stated in the previous paragraph, a
fixed-term contract that has been concluded for the regular supply of
daily or weekly newspapers or magazines may be automatically
prolonged for a fixed term that does not exceed three months, if the
consumer is at liberty to terminate this prolonged contract towards the
end of the prolongation, with a period of notice that does not exceed
- A fixed-term contract that has been concluded for the regular supply of
products or services may only be automatically prolonged for an
indefinite period of time if the consumer has at all times the right to
terminate, with a period of notice that does not exceed one month and,
in the case of a contract to supply daily or weekly newspapers or
magazines regularly but less than once per month, a period that does
not exceed three months.
- A fixed term contract for the regular supply, by way of introduction, of
daily or weekly newspapers and magazines (trial subscriptions or
introductory subscriptions) will not be automatically prolonged and
will automatically terminate at the end of the trial period or
Article 14 – Payment
- As far as no other date is stipulated in the contract or supplementary
conditions, sums payable by the consumer should be paid within 14
days after commencement of the withdrawal period, or in the absence
of a withdrawal period within 14 days after the conclusion of the
contract. In the case of a contract to provide a service, this 14-day
period starts on the day after the consumer received confirmation of the
- When selling products to consumers, the general terms and conditions
may never stipulate an advance payment in excess of 50%. Where
advance payment is stipulated, the consumer cannot invoke any rights
whatsoever in relation to the implementation of the order or service(s)
in question before the stipulated advance payment has been made.
- The consumer is obliged to report immediately to MoneroGear.shop any
inaccuracies in payment data provided or stated.
- If a consumer fails to fulfil his payment obligation(s) in good time, after
MoneroGear.shop has informed the consumer about the late payment, the
consumer is allowed 14 days in which to fulfil the obligation to pay; if
payment is not made within this 14-day period, statutory interest will
be payable over the sum owed and MoneroGear.shop has the right to
charge reasonable extrajudicial costs of collection he has incurred.
These costs of collection amount to, at the most: 15% of unpaid sums
up to €2,500; 10% over the next €2,500; and 5% over the next €5,000,
with a minimum of €40. MoneroGear.shop can make departures from
these sums and percentages that are favourable to the consumer.
Article 15 – Complaints procedure
- MoneroGear.shop provides for a complaints procedure, that has been given
sufficient publicity, and will deal with a complaint in accordance with
this complaints procedure.
- A consumer who has discovered shortcomings in the implementation of
a contract must submit any complaints to MoneroGear.shop without delay,
in full and with clear descriptions.
- A reply to complaints submitted to MoneroGear.shop will be provided
within a period of 14 days, calculated from the date of receipt. If it is
anticipated that a complaint will require a longer processing time, then
MoneroGear.shop will reply within 14 days, confirming receipt and
indicating when the consumer can expect a more elaborate reply.
- The consumer should give MoneroGear.shop a time period of at least 4
weeks to solve the complaint in joint consultation. After this period of
time, the complaint becomes a dispute that is subject to the disputes
Article 17 – Disputes
- Contracts entered into between MoneroGear.shop and a consumer and
which are subject to these general terms and conditions are subject only
to Dutch law.
- Disputes between a consumer and MoneroGear.shop over the conclusion
or exercising of contracts relating to products and services to be
supplied by MoneroGear.shop can be put before the Disputes Committee
by either the consumer or MoneroGear.shop, with due observance of that
which is stipulated below.
- The Disputes Committee will only deal with a dispute if the consumer
first put his complaint, without delay, to the MoneroGear.shop.
- If the complaint does not lead to a solution, the dispute should be
submitted to the Disputes Committee no later than 12 months after the
consumer submitted the complaint to MoneroGear.shop.
- If a consumer wants to put a dispute before the Disputes Committee
MoneroGear.shop is bound by that choice. Preferably, the consumer
notifies MoneroGear.shop first.
- If MoneroGear.shop wishes to put a dispute before the Disputes
Committee, then the consumer will indicate, in response to a written
request made by MoneroGear.shop, whether he is in contract, or prefers
the dispute to be dealt with by the competent law-court. If the
consumer does not indicate his choice to MoneroGear.shop within a period
of five weeks, MoneroGear.shop has a right to put the dispute before the
- Rulings of the Disputes Committee are subject to the conditions as
stipulated in the regulations of the Disputes Committee. Decisions of
the Disputes Committee take the form of binding advice.
- The Disputes Committee will not deal with a dispute – or will terminate
their intervention – if the MoneroGear.shop has been granted a suspension
of payments, gone bankrupt or has actually terminated business
activities before the committee dealt with the dispute during a session
and rendered a final ruling.
- If, alongside the Disputes Committee, there is another competent
disputes committee that is recognized or one that is affiliated with the
Disputes Committee Foundation for Consumer Affairs (SGC) or the
Complaints Institute Financial Services (Kifid), the Disputes
Committee shall preferably have jurisdiction for disputes that relate
principally to the sales method or to providing services long-distance.
For all other disputes, this this will be the other disputes committee
that is recognized by the SGC or affiliated with the Kifid.
Article 18 – Additional or different stipulations
- Additional stipulations or stipulations that differ from these general
terms and conditions, may not be detrimental to the consumer and
should be recorded in writing, or in such a way that consumers can
store them in a readily accessible manner on a durable medium.
Article 19 – Amendment to the general terms and conditions of Vigor
- Amendments to these terms and conditions will only come into effect
after they have been published in the appropriate way, on the
understanding that where amendments apply during the validity of an
offer, the stipulation that is most favourable to the consumer will