Via Umbrata | Terms and Conditions

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Definitions

The following definitions apply in these terms and conditions:

Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
Day: calendar day;
Durable medium: every means - including emails - that enables a consumer or trader 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;
Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
Distance contract: a contract concluded between a trader 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;
Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.

Identity of the trader

Name trader: Via Umbrata
Registered address: Faas Wilkesstraat 373, 1905MD Amsterdam, The Netherlands
Email address: viaumbrata@gmail.com
Chamber of Commerce number: 97259225
VAT identification number: NL005258603B13

Applicability

These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between an trader 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, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the 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, the trader 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 favorable to him in the event of incompatible general terms and conditions.

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 and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.

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, the trader 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 the trader.
If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill 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 the trader 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.
The trader 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 durable medium:
1. the office address of the trader’s business location where the consumer can lodge complaints;
2. 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 of withdrawal;
3. information on guarantees and existing after-sales service;
4. the price, including all taxes on the product; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
5. if the consumer has a right of withdrawal, the model form for right of withdrawal.

Right of withdrawal

Upon delivery of products:

A consumer has the right to dissolve a contract, without giving reasons, for a period of 14 days after receiving the product. The trader is allowed to ask for the reason, but the consumer is under no obligation to provide one.
The period stipulated in para. 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:
1. 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. The trader 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.
2. 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.

Extended withdrawal period for products that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal:

If the trader 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 the trader 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.

Consumers’ 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 para. 1.
The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.

Consumers who exercise their right of withdrawal and the costs involved

A consumer who wants to exercise his right of withdrawal shall report this to the trader, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
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 trader. This is not necessary if the trader 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 trader.
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 trader has not declared that the consumer shall bear these costs or if the trader indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.
If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.

Traders’ obligations in a case of withdrawal

If the trader 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.
The trader reimburses the consumer immediately with all payments, including any delivery costs the trader 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 the trader 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 occurs earlier.
For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

Precluding the right of withdrawal

The trader can preclude the right of withdrawal for the following products and services, but only if the trader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:

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 person;

The price

During the period of validity indicated in the offer, the prices of the products being offered will not be increased, except for price changes in VAT-tariffs.
For orders delivered outside the EU, local customs duties, import taxes, or related fees may apply upon delivery. These charges are not included in the purchase price. Buyers are responsible for these charges and are advised to check with their local customs office for further information.

Contract fulfilment and extra guarantee

The trader guarantees that the products fulfill 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.
An extra guarantee arrangement offered by the trader, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil his part in the contract.
An extra guarantee is defined as every commitment of a trader, 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.

Supply and implementation

The trader will take the greatest possible care when receiving and implementing orders for products.
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 the section ‘The offer’ 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, the trader refunds the consumer immediately the sum he had paid.
The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previously designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.

Payment

All payments must be made in full at the time of ordering. Orders will not be processed until payment is received.
For custom-made products, the trader and consumer will agree on the design and price in advance. Full payment is required upfront before production begins.
The consumer cannot claim any rights regarding the fulfilment of the order until full payment has been received by the trader.
The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.

Complaints procedure

The trader has a procedure in place for handling complaints and will respond in accordance with this procedure.
Complaints must be submitted to the trader without delay and must be clearly described and complete.
The trader will respond to complaints within 14 days of receipt. If a complaint requires more time, the trader will send a confirmation and indicate when a more detailed reply can be expected.
The consumer must give the trader at least four weeks to resolve the complaint by mutual agreement. After this period of time, if the complaint is not resolved, the consumer may seek further resolution through the appropriate legal channels.

Disputes

Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.

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.

Appendix I: Model form for right of withdrawal

(This form should only be completed and returned if you want to withdraw from the contract)

To:

Via Umbrata>
Faas Wilkesstraat 373, 1905MD Amsterdam, The Netherlands
viaumbrata@gmail.com

I/we* herewith inform you that, in respect of our contract regarding

The sale of the following products: [description of the product]*

I/we* exercise our right of withdrawal.

Ordered on*: [date of ordering]
Received on*: [date of receiving the goods]
[Consumer(s)’ name]
[Consumer(s)’ address]
[Consumer(s)’ signature] (only if this form is submitted on paper)
[Date]

*Delete or complete as applicable.

Last updated: 19 May 2025