General terms and conditions Lovora
https://lovora.nl
General terms and conditions based on model terms and conditions from WebwinkelKeur.
Content notice
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Performance
Article 12 - Contracts for duration: term, termination and renewal
Article 13 - Payment
Article 14 - Complaint Resolution
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 1 - Definitions
For the purposes of these terms and conditions, the following definitions shall apply:
1. Reflection period: the period within which the consumer can exercise his right of withdrawal; Read all about reflection period
2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period;
7. Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can complete when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having met simultaneously in the same space.
11. General Terms and Conditions: the present Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
Lovora
Kerkenbos 1103C
6546BC Nijmegen
Netherlands
T (085) 732-6902
KVK 70152594
Market number NL002412443B81
Article 3 - Applicability
1. These terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent at the request of the consumer as soon as possible, free of charge.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
5. If one or more provisions of these terms and conditions at any time wholly or partially void or destroyed, then the agreement and these terms and conditions for the rest remain in force and the provision in question will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
6. Situations not covered in these general terms and conditions should be judged 'in the spirit of these general terms and conditions.
7. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The Offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and modify the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the true colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular: the price including taxes; the possible costs of shipment; the way in which the agreement will be concluded and which actions are necessary for this; whether or not the right of withdrawal is applicable; the method of payment, delivery and performance of the agreement; the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price; the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; whether the contract is archived after its conclusion and, if so, in which way it can be consulted by the consumer; the way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, rectify them; any other languages, besides Dutch, in which the contract can be concluded; the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the event of a duration transaction.
Article 5 - The Agreement
1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer's acceptance of the offer and the fulfillment of the conditions thereby stipulated.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures to that end.
4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. With the product or service the entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier: the visiting address of the branch of the entrepreneur where the consumer can go with complaints; the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; the information about guarantees and existing after-sales service; the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a term transaction, the provision in the previous paragraph applies only to the first delivery.
7. Each contract is entered into under the conditions precedent of sufficient availability of the products in question.
Article 6 - Right of Withdrawal
On delivery of products:
1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known by means of the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
4. If the customer has not expressed his wish to make use of his right of withdrawal or has not returned the product to the entrepreneur after the expiration of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
On delivery of services:
1. When services are supplied, the consumer has the option of dissolving the contract without giving reasons for at least 14 days starting from the day of entering into the contract.
2. To make use of his right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the entrepreneur in this regard at the time of the offer and/or at the latest on delivery.
Article 7 - Costs in case of withdrawal
1. The consumer bears the direct cost of returning the product.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided.
3. If the product is damaged due to negligent handling by the consumer himself, the consumer is liable for any diminished value of the product.
4. The consumer cannot be held liable for diminished value of the product when due to
the entrepreneur has not provided all legally required information on the right of withdrawal, this must be done before the conclusion of the purchase contract.
Article 8 - Exclusion of right of withdrawal
1. The entrepreneur may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly stated this in the offer, at least in time for the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products: that have been created by the trader in accordance with the consumer's specifications; that are clearly personal in nature; that cannot be returned due to their nature; that spoil or age quickly; whose price is subject to fluctuations in the financial market that are beyond the trader's control; for single newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal; for hygiene products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period; whose delivery started with the express consent of the consumer before the expiration of the reflection period; concerning betting and lotteries.
Article 9 - The Prize
1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, subject to price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be stated with the offer.
3. Price increases within 3 months of the conclusion of the contract are permitted only if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and: they are the result of statutory regulations or provisions; or the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
5. Prices quoted in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Warranty
1. The trader guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and with the existing legal provisions and/or government regulations on the date of conclusion of the contract.
2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader under the contract.
3. All products are covered by the legal warranty. The duration of the legal warranty may vary based on the nature of the product.
4. Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.
5. The warranty does not apply if: the consumer has repaired and / or modified the delivered products himself or has had them repaired and / or modified by third parties; the delivered products have been exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging have been treated; the inadequacy wholly or partially as a result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery and Performance
1. The entrepreneur shall take the greatest possible care when receiving and executing orders for products and when evaluating requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
4. All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Contracts for duration: duration, termination and renewal
Cancellation
1. The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
3. The consumer may terminate the contracts mentioned in the previous paragraphs: at any time and not be limited to termination at a specific time or in a specific period; at least terminate them in the same way as they were entered into by him; always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Extension
1. A contract entered into for a definite period of time, the purpose of which is the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
2. Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract at the end of the extension with a notice of up to one month.
3. A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period not exceeding one month and a notice period not exceeding three months in the event that the contract relates to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A limited-term contract for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall terminate automatically at the end of the trial or introductory period.
Duration
1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has a duty to promptly report inaccuracies in payment information provided or stated to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.
Article 14 - Complaint Resolution
1. The entrepreneur has a sufficiently publicized complaint procedure and handles complaints in accordance with this complaint procedure.
2. Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute susceptible to dispute resolution arises.
5. In case of complaints, a consumer should first turn to the entrepreneur. If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this store has a current membership through https://www.webwinkelkeur.nl/ledenlijst/. If there is still no solution, the consumer has the possibility to have his complaint handled by the independent arbitration board appointed by WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which must be paid by the consumer to the relevant committee.
6. A complaint does not suspend the obligations of the merchant unless the merchant states otherwise in writing.
7. If a complaint is deemed valid by the merchant, the merchant will, at its option, either replace or repair the delivered products free of charge.
Article 15 - Disputes
1. On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.
2. The Vienna Sales Convention shall not apply.
Article 16 - Additional or different provisions
Additional provisions or provisions varying from these general terms and conditions may not be to the detriment of the consumer and must be in writing or recorded in such a way that they can be stored by the consumer in an accessible manner on a durable medium.