Terms and Conditions
Article 1: The applicability1.1.
These terms and conditions apply to all offers and all agreements of LuxuryByIvana B.V. The company is located at Stoeldraaierstraat 1d in (9712 BT) Groningen and registrated at the Chamber of Commerce under number 82523835. The VAT identification number is 862504594.B01, hereinafter referred to as the user.
The user can conclude agreements with the consumer, a natural person who is not acting in the exercise of a profession or business. The user can also conclude agreements with the business customer, any natural person or legal entity registered in the trade register at the Chamber of Commerce and who has a business account.
Other terms and conditions only form part of the agreement concluded between the parties if and insofar as both parties have explicitly agreed this in writing. The applicability of any purchase or other terms and conditions of the business customer is explicitly rejected.
The acceptance by the consumer or business customer without comment and retention of the offer by the user, referring to these terms and conditions, constitutes consent to their application. The possible non-application of (part of) a provision of these general terms and conditions does not affect the application of the other provisions.
If there is uncertainty about the interpretation of one or more provisions of these terms and conditions or in the event that a situation arises between the parties that is not regulated in the following terms and conditions, the explanation must be in the spirit of the provisions.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer or business customer. The text of these general terms and conditions can be made available electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, the user will before the distance contract is concluded, indicate how the general terms and conditions can be viewed by the user, where the general terms and conditions can be inspected electronically and that they can be inspected electronically or otherwise at the request of the consumer or business customer. Be sent free of charge as soon as possible.
Article 2: The offer2.1.
All offers, quotations and price lists of the user on the website are without obligation.
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer or business customer. If images are used in the offer, then these are a true representation of the products offered. The colors shown of the products may deviate slightly from the original products. Obvious mistakes or errors in the offer do not bind the user.
Each offer contains such information that is for the consumer or business customer it is clear what the rights and obligations are attached to accepting the offer. This concerns in particular information about the price of the product, the costs of delivery, the manner in which the agreement is concluded, the method of payment and the method of delivery.
Article 3: The agreement3.1.
Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer or business customer of the offer.
In the event of an offer electronically and the consumer or business customer also accepts this offer electronically, then the user confirms without delay electronically receiving the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the user, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the user will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer or business customer can pay electronically, the user will observe appropriate security measures.
The user can – within legal frameworks – inform himself whether the consumer or business customer 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, on the basis of this investigation, the user has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the execution.
At the latest upon delivery of the product to the consumer, the user will send the following information, in writing or in such a way that it can be stored in an accessible manner on a durable medium:
a. the visiting address of the user’s establishment where the consumer with complaints can rightly;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing service after purchase;
d. the price, including all taxes, of the product; insofar as applicable, the delivery costs; and the method of payment, delivery or implementation of the distance contract;
e. if the consumer has a right of withdrawal, the model withdrawal form.
Each agreement is entered into under the suspensive condition of sufficient availability of the product concerned.
Article 4: Advertising4.1.
The consumer is obliged to check the delivered goods immediately upon receipt. If visible defects are found, this must be confirmed in writing to the user within 24 hours. Other complaints must be reported in writing within 8 days after receipt of the product. Deviations in color, wear resistance, structure, etc. are not covered by advertising law.
Complaints do not suspend the payment obligation.
Article 5: Right of withdrawal5.1.
The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. The user may ask the consumer for the reason for the withdrawal, but the consumer is not oblige him to state his reason (s). The periode of 14 days starts from the day of purchase the product(s).
The reflection period referred starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The user may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
If the consumer makes the decision not to keep the product(s), he or she can send the products back to the same address where the products came from. The address is on the website. The consumer can send the goods back within 5 days from the moment the decision is made not to keep the products or within 5 days after a period of 14 days. The shipment costs including the payment for the goods will be paid back to the consumer within five days counted from the moment the products has been arrived.
Article 6: Consumer’s obligations during the reflection period6.1.
During the reflection period, the consumer will handle the product and packaging with care. He or she will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for the depreciation of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for the depreciation of the product if the user has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 7: Exercise of the right of withdrawal and costs thereof7.1.
If the consumer makes use of his right of withdrawal, he will report this within the reflection period by means of the model withdrawal form or in another unambiguous manner to the user.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product. The product must be returned in the same condition – without any signs of use – as it was received. It is not necessary to return the product if the user has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with reasonable and clear instructions provided by the user.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the user has not indicated that the consumer must bear these costs or if the user indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the goods.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 8: Obligations of the user in case of withdrawal8.1.
If the user enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receipt of this notification.
The user will reimburse all payments made by the consumer, including any delivery costs charged by the user for the shipment of the product to the consumer, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the user offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
The user uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
Reimbursement by the user will be made to the same account number as the payment for which by the consumer has taken place, unless otherwise agreed in writing between the parties.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the user does not have to reimburse the additional costs for the more expensive method.
Article 9: The price9.1.
During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the user can offer products or services whose prices are subject to fluctuations in the financial market and over which the user has no influence, at variable prices. This bondage to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the user has stipulated this and: a. They are the result of statutory regulations or provisions; or b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
The shipping costs for deliveries within the Netherlands are borne by the user. The shipping costs for deliveries abroad are for the account of the consumer.
Article 10: Fulfillment of the agreement and extra guarantee10.1.
The user 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 date of the realization of the agreement existing legal provisions and / or government regulations. The delivered product has the properties that the consumer or business customer can expect with normal use.
The user gives a full 2-year warranty on the delivered products, in addition to the legal obligations of paragraph 1. The 2-year warranty does not apply to defects as referred to in paragraph 4.
The consumer or customer can claim the manufacturer’s warranty offered by the producer of the products. An additional warranty provided by the user, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the user on the basis of the agreement if the user has failed to fulfill his part of the agreement.
The warranty does not cover defects in the articles that have arisen as a result of normal wear and tear, or damage resulting from circumstances beyond the user’s control, such as weather conditions or damage caused by transport. Any form of warranty will lapse if the product is used incorrectly or carelessly.
If the defect can be properly repaired, the user does not need to replace the product.
Article 11: Delivery and implementation11.1.
The user will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer makes known to the user. For the business customer, the place of delivery is the address that is linked to the registration with the Chamber of Commerce, or any other address that the business customer has made known to the user.
The user will ship all (completely paid) orders on the same day as the order was received, but not later than 24 hours from receiving the order, unless a different delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially possible are carried out, the consumer or business customer will be notified of this no later than 30 days after placing the order. In that case, the consumer or business customer has the right to dissolve the agreement free of charge.
After dissolution in accordance with the previous paragraph, the user will repay the amount that the consumer has paid as soon as possible, but within 5 days to the account number of which the payment has been made by the consumer.
The risk of damage and / or loss of products rests with the user until the moment of delivery to the consumer or a pre-designated representative made known to the user, unless explicitly agreed otherwise.
Article 12: Payment12.1.
Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer or business customer must be paid when concluding the agreement on the account number specified by the user.
The consumer or business customer has the duty to report inaccuracies in provided or stated payment details to the user without delay.
If the consumer or business customer does not meet his payment obligation (s) on time, after he has been informed by the user of the late payment and the user has granted the consumer or business customer a period of 14 days to still fulfill his payment obligations, after non- payment within this 14-day period, the statutory interest or statutory commercial interest is due on the amount owed and the user is entitled to charge the extrajudicial collection costs incurred by him. The interest on the due amount will be calculated from the moment the consumer or business the customer is in default until the full amount has been paid.
The consumer or business customer is never entitled to set off the amount owed by him.
Objections to the invoice do not suspend the payment obligation.
Article 13: Retention of title13.1.
All goods delivered by the user within the framework of the agreement remain the property of the user until the consumer or business customer has fulfilled all obligations under the agreement concluded with the user, including payment of the purchase price and payment of any surcharges due, interest and taxes.
The goods delivered by the user that are subject to retention of title may not be resold, pledged or encumbered in any other way.
If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the consumer or business customer is obliged to immediately inform the user thereof.
Article 14: Liability13.1.
The user performs his task in a manner that may be expected of him, but does not accept any liability for damage, including indirect damage, except insofar as the damage is due to gross negligence and / or intent.
Indirect damage includes consequential damage, lost profit, loss suffered and damage due to business staging. Liability is expressly excluded by the user.
Any liability for direct damage is limited to the invoice amount.
Article 15: Force majeure15.1.
If fulfillment of the agreement is temporarily impossible due to a cause that is not can be attributed to one of the parties, the user is released from his obligations for that period.
Article 16: Change of conditions16.1.
The user reserves the right to unilaterally change these conditions.
Applicable is the version that was already valid at the time of the conclusion of the agreement with the user.
Article 17: Disputes17.1.
Agreements between the user and the consumer or business customer to which these general terms and conditions apply are exclusively governed by Dutch law. The application of the Vienna Sales Convention is excluded.
All disputes arising from offers or agreements will be subject to the judgment of the competent judge of the Northern Netherlands District Court, Groningen location.