Article 1 – Definitions
For the purposes of these terms and conditions:
• Cooling-off period: the period during which the consumer may exercise their right of withdrawal.
• Consumer: a natural person who is not acting in the course of a profession or business activity and who enters into a distance contract with the trader.
• Day: calendar day.
• Continuous duration contract: a distance contract relating to a series of products and/or services, the obligation to deliver and/or receive which is distributed over time.
• Durable medium: any medium that allows the consumer or trader to store information addressed to them personally in such a way that it can be consulted in the future and the stored information reproduced without alteration.
• Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period.
• Trader: a natural or legal person who offers products and/or services to consumers at a distance.
• Distance contract: a contract concluded within the framework of an organized system established by the trader for the distance sale of products and/or services, using exclusively one or more distance communication techniques up to and including the conclusion of the contract.
• Distance communication technique: a medium that can be used to conclude a contract without the consumer and the trader being simultaneously in the same place.
• General conditions: these general conditions of the trader.
Article 2 – Trader's Identity
Company name: Lavaana
Article 3 – Applicability
These general conditions apply to all offers from the trader and to all distance contracts and orders concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract that the general conditions are available at the trader's establishment and that they will be sent to the consumer, upon request, free of charge and as soon as possible.
If the distance contract is concluded by electronic means, and notwithstanding the preceding paragraph, the text of these general conditions may be provided to the consumer by electronic means, so that the consumer can easily store it on a durable medium.
If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract where the general conditions can be consulted electronically and that they will be sent to the consumer, upon request, by electronic means or otherwise, free of charge.
In the event that, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs shall apply by analogy, and the consumer may invoke, in the event of contradictory conditions, the applicable provision that is most favorable to them.
If one or more provisions of these general conditions are found to be wholly or partially null and void or are annulled at any time, the contract and the rest of these conditions shall remain in force, and the affected provision shall be replaced by mutual agreement without delay by a provision that comes as close as possible to the purpose of the original.
Situations not covered by these general conditions must be assessed in accordance with the spirit of these general conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these conditions shall be interpreted in accordance with the spirit of these general conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The trader has the right to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make an adequate assessment of the offer. If the trader uses images, these shall faithfully represent the products and/or services offered. Obvious errors or clear mistakes in the offer do not bind the trader.
All images, specifications, and data in the offer are indicative and may not give rise to claims for damages or rescission of the contract.
Product images faithfully represent the products offered. The trader cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains information that makes it clear to the consumer what their rights and obligations are regarding the acceptance of the offer. This includes, in particular:
- The price, excluding customs clearance costs and import VAT. These additional costs shall be borne by the customer at their own risk. The postal and/or courier service will apply the special regime for postal and courier services in relation to imports. This regime is valid if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service will charge the recipient of the goods the import VAT (together with clearance costs, if applicable);
- Possible shipping costs;
- The manner in which the contract will be concluded and what actions are necessary for this;
- Whether the right of withdrawal applies or not;
- The method of payment, delivery, and performance of the contract;
- The period for accepting the offer, or the period during which the trader guarantees the price;
- The fee for distance communication if the costs for using the distance communication technique are calculated differently from the usual basic fee for the communication medium used;
- Whether the contract will be archived after its conclusion, and if so, how the consumer can consult it;
- The manner in which the consumer can verify and, if desired, correct the data provided by them within the framework of the contract before its conclusion;
- Other possible languages in which, in addition to Dutch, the contract may be concluded;
- The codes of conduct to which the trader is subject and the manner in which the consumer can consult them by electronic means;
- The minimum duration of the distance contract in the event of a contract of fixed duration.
Optional: sizes, colors, available material types.
Article 5 – The Contract
The contract is concluded, unless otherwise provided in section 4, at the time the consumer accepts the offer and complies with the established conditions.
If the consumer has accepted the offer by electronic means, the trader will immediately confirm receipt of the acceptance of the offer electronically. Until receipt of said acceptance is confirmed by the trader, the consumer may rescind the contract.
If the contract is concluded electronically, the trader will take the appropriate technical and organizational measures to ensure the electronic transmission of data and will guarantee a secure web environment. If the consumer can pay electronically, the trader will adopt appropriate security measures for this purpose.
The trader may—within the legal framework—inquire about the consumer's ability to fulfill their payment obligations, as well as about all facts and factors relevant to the responsible conclusion of the distance contract. If, after this investigation, the trader has justified reasons not to conclude the contract, they shall be authorized to reject an order or request with justification, or to make performance conditional on special conditions.
The trader will send the consumer, together with the product or service, the following information, in writing or in a form that allows the consumer to store it in an accessible manner on a durable medium:
- The physical address of the trader's establishment where the consumer can file complaints;
- The conditions and the manner in which the consumer can exercise the right of withdrawal, or a clear indication that the right of withdrawal is excluded;
- Information about existing warranties and after-sales services;
- The data included in Article 4, section 3 of these conditions, unless the trader has already provided it to the consumer before the performance of the contract;
- The requirements for the cancellation of the contract if the contract has a duration of more than one year or is for an indefinite period.
In the case of a contract of fixed duration, the provision of the preceding section shall only apply to the first delivery.
Each contract is concluded subject to the suspensive condition of sufficient availability of the corresponding products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to rescind the contract without stating reasons within a period of 14 days. This cooling-off period begins the day after the consumer or a representative previously designated by the consumer and known to the trader receives the product.
During the cooling-off period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product to the trader with all delivered accessories and, to the extent reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days of receiving the product. Such notification must be made by written message or email. After communicating their intention to withdraw, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by providing proof of shipment.
If the consumer does not communicate their intention to withdraw within the periods mentioned in sections 2 and 3, or does not return the product to the trader, the purchase will be considered final.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the trader will refund said amount as soon as possible, and in any case within 14 days of the withdrawal. This is subject to the condition that the product has already been received by the online store or that conclusive proof of full return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in sections 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly indicated it in the offer, or at least with sufficient advance notice before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
- That have been made by the trader according to the consumer's specifications;
- That are clearly personal in nature;
- That, by their nature, cannot be returned;
- That may deteriorate or expire quickly;
- Whose price is subject to fluctuations in the financial market over which the trader has no influence;
- For loose newspapers and magazines;
- For audio and video recordings and computer software whose seal has been broken by the consumer;
- For hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
- Related to accommodation, transport, catering, or leisure activities to be carried out on a specified date or period;
- That have begun with the express consent of the consumer before the end of the cooling-off period;
- Related to gambling and lotteries.
Article 9 – The Price
During the validity period indicated in the offer, the prices of the products and/or services offered will not be increased, except for changes in prices due to modifications in VAT rates.
Notwithstanding the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. This exposure to fluctuations and the fact that the indicated prices may be indicative prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal or regulatory provisions.
Price increases after 3 months from the conclusion of the contract are only permitted if the trader has agreed so and:
- They are the result of legal or regulatory provisions; or
- The consumer has the right to rescind the contract from the day the price increase takes effect.
The place of delivery, in accordance with the first paragraph of Article 5 of the Value Added Tax Act of 1968, is located in the country where transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier company will charge the recipient the import VAT and/or clearance costs. Therefore, the trader will not apply VAT.
All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of typographical or printing errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services comply with the contract, with the specifications indicated in the offer, with reasonable requirements of quality and/or utility, and with the legal and/or regulatory provisions in force on the date of the conclusion of the contract. If so agreed, the trader also guarantees that the product is suitable for a use other than normal.
The warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may exercise against the trader under the contract.
Any defect or erroneously delivered product must be reported in writing to the trader within 14 days after delivery. The return of the products must be made in the original packaging and in new condition.
The trader's warranty period coincides with the manufacturer's warranty period. However, the trader will never be responsible for the final suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.
The warranty is not valid if:
- The consumer has repaired or modified the delivered products themselves and/or had them repaired or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the instructions of the trader and/or the packaging;
- The lack of conformity is wholly or partly due to regulations established or to be established by the authorities regarding the nature or quality of the materials used.
Article 11 – Delivery and performance
The trader shall act with the utmost care when receiving and performing product orders.
The place of delivery shall be the address provided by the consumer to the company.
Subject to the provisions of Article 4 of these general terms and conditions, the company shall perform accepted orders as promptly as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be performed or can only be partially performed, the consumer shall be informed no later than 30 days after placing the order.
In that case, the consumer shall have the right to terminate the contract without penalty and to claim possible compensation for damages.
In the event of termination pursuant to the preceding paragraph, the trader shall refund the consumer the amount paid as soon as possible, but no later than within 14 days following the termination.
If the delivery of an ordered product proves impossible, the trader shall endeavour to provide a replacement item. No later than at the time of delivery, the consumer shall be informed in a clear and understandable manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal may not be excluded. The costs of any return shall be borne by the trader.
The risk of damage and/or loss of the products shall rest with the trader until delivery to the consumer or to a representative previously designated and known by the trader, unless expressly agreed otherwise.
Article 12 – Contracts of duration: duration, termination and extension
Termination
The consumer may at any time terminate a contract concluded for an indefinite period for the periodic delivery of products (including electricity) or services, subject to the agreed termination rules and with a maximum notice period of one month.
The consumer may at any time, at the end of the fixed term, terminate a contract concluded for a fixed period for the periodic delivery of products (including electricity) or services, subject to the agreed termination rules and with a maximum notice period of one month.
The contracts referred to in the preceding paragraphs may:
- be terminated at any time and not be limited to termination at a specific time or during a specific period;
- be terminated at least in the same manner in which they were concluded by the consumer;
- always be terminated with the same notice period that the trader has reserved for itself.
Extension
A contract concluded for a fixed period for the periodic delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the above, a contract concluded for a fixed period for the periodic delivery of daily and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided that the consumer may terminate the extended contract at the end of the extension with a maximum notice period of one month.
A contract concluded for a fixed period for the periodic delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a maximum notice period of one month, or with a maximum notice period of three months in the case of contracts involving the periodic delivery, but less than once a month, of daily and weekly newspapers and magazines.
A limited-duration contract for the periodic delivery of daily and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) is not tacitly extended and automatically expires at the end of the trial or introductory period.
Duration
If a contract has a duration exceeding one year, the consumer may terminate it at any time after one year, with a maximum notice period of one month, unless equity and good faith oppose termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 business days following the start of the reflection period mentioned in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period shall begin once the consumer has received confirmation of the contract.
The consumer is obliged to inform the trader without delay of any error in the payment details provided or indicated.
In the event of non-payment by the consumer, the trader, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints procedure
Complaints regarding the performance of the contract must be submitted to the trader in writing, fully and clearly, within 7 days after the consumer has detected the defects.
Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the trader shall send an acknowledgment of receipt within those 14 days and indicate when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute shall arise that will be submitted to the dispute resolution procedure.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If the complaint is considered well-founded by the trader, the latter, at its discretion, shall replace or repair the delivered products at no cost.
Article 15 – Disputes
In the contracts between the trader and the consumer referred to in these general terms and conditions, Dutch law shall apply exclusively, even if the consumer resides abroad.
Article 16 – CESOP
Due to the measures that will be implemented and reinforced from 2024 onwards in relation to the “Amendment Act of the Value Added Tax Act of 1968 (Implementation Act of the Payment Services Directive)” and the implementation of the central electronic system for payment information (CESOP), payment service providers may register data in the European CESOP system.