Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Continuous transaction: a distance contract concerning a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
  5. Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information;
  6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  8. Distance contract: a contract concluded between the entrepreneur and consumer as part of an organized system for the distance sale of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
  9. Means of distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being in the same place simultaneously.

Article 2 – Identity of the entrepreneur Name: Luvrili
Email: info@luvrili.com
Chamber of Commerce number: 91132657
VAT identification number: 865561527B01
Address: Dr. Kuyperlaan 14, 3445 CL Woerden
Phone number: 06-3756 5085

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer upon request as soon as possible.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or by other means free of charge at the consumer's request.
  4. If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs will 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 them.

Article 4 – The offer

  1. If an offer has a limited validity period or is made under certain conditions, this will be expressly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to remove or 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 allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they must be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. Every offer contains sufficient information for the consumer to understand the rights and obligations associated with accepting the offer, including in particular:
  • the price, including taxes;
  • any delivery costs;
  • how the agreement will be concluded and the actions required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the contract will be archived after it is concluded, and if so, how it can be accessed by the consumer;
  • how the consumer can check and correct the information they provided before concluding the agreement;
  • any other languages in which the contract can be concluded, besides Dutch;
  • the codes of conduct to which the entrepreneur is subject and how the consumer can access them electronically; and
  • the minimum duration of the distance contract in the case of a continuous transaction.

Article 5 – The contract

  1. The contract comes into effect, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
  3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur may, within legal boundaries, investigate whether the consumer can meet their payment obligations and gather facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the contract, they are entitled to refuse an order or attach special conditions to the execution.
  5. The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it on a durable medium:
  • the address of the entrepreneur's business where the consumer can file complaints;
  • the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
  • the information on guarantees and after-sales service;
  • the information included in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  • the requirements for terminating the contract if it has a duration of more than one year or is indefinite.
  1. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal For product delivery:

  1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason for a period of 14 days. This cooling-off period begins the day after the consumer, or a representative designated by the consumer, receives the product.
  2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to decide whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. For service delivery:
  3. When providing services, the consumer has the option to dissolve the contract without giving any reason for at least fourteen days, starting from the day the contract is entered into.
  4. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or no later than at the time of delivery.

Article 7 – Costs in the event of withdrawal

  1. If the consumer exercises their right of withdrawal, they will only bear the direct costs 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 30 days after the return shipment or withdrawal.

Article 8 – Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for the products listed in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the contract is concluded.
  2. Exclusion of the right of withdrawal is only possible for products:
  • made according to the consumer's specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can spoil or age quickly;
  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software whose seals have been broken by the consumer.
  1. Exclusion of the right of withdrawal is only possible for services:
  • related to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
  • whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
  • related to betting and lotteries.

Article 9 – The price

  1. During the period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices, if these are subject to fluctuations in the financial market over which the entrepreneur has no control. This connection to fluctuations and the fact that any listed prices are target prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
  • they are the result of legal regulations or provisions; or
  • the consumer has the right to terminate the contract from the day the price increase takes effect.
  1. The prices mentioned in the offer of products or services include VAT

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer may have against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The return of the products must take place in the original packaging and in new condition.
  4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
    • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
    • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or the packaging;
    • The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. With due observance of the provisions stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  4. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly indicated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur unless explicitly agreed otherwise.
  7. In the case of custom-made products, self-designed items in all categories, the entrepreneur is not liable for errors in the product design after the customer has given approval. This includes things like typographical errors, colloquial speech, or interpretation of text.

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination

  1. The consumer may terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due regard for the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, with due regard for the agreed termination rules and a notice period of no more than one month.
  3. The consumer can, in the previous paragraphs, terminate agreements:
    • At any time and not be limited to termination at a specific time or during a specific period;
    • At least terminate in the same way as they were entered into;
    • Always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Renewal 4. An agreement entered into for a fixed period that extends to the regular delivery of products or services may not be tacitly renewed or extended for a fixed period. 5. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month. 6. An agreement entered into for a fixed period that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines. 7. A trial or introductory subscription to deliver daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

Duration 8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than 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 14 days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the order or service(s) before the advance payment has been made.
  3. The consumer has a duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
  4. In case of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs that were made known to the consumer in advance.

Article 14 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has identified the defects, fully and clearly described.
  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within 14 days with a message of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

Article 15 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.