Terms and Conditions
TABLE OF CONTENTS:
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 the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Continuing Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
ARTICLE 1 – DEFINITIONS
In these Terms and Conditions, the following terms shall have the following meanings:
Supplementary Agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.
Cooling-off Period: the period during which the consumer may exercise his right of withdrawal.
Consumer: the natural person not acting in the exercise of a profession, business, or craft, who enters into a distance contract with the entrepreneur.
Day: calendar day.
Digital Content: data produced and delivered in digital form.
Continuing Transaction: a contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time.
Durable Medium: any tool – including e-mail – that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Model Withdrawal Form: the form provided by the entrepreneur to the consumer which can be completed when the consumer wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance.
Distance Contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication until the conclusion of the contract.
Means of Distance Communication: a method that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same room.
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
JDC Trading
Adress: 9932 Groningen
E-mail address: info@laviza.co.uk
Chamber of Commerce number: 98126318
VAT identification number: NL005313921B52
ARTICLE 3 – APPLICABILITY
These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
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, it shall 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 as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, the text of these General Terms and Conditions may be provided to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before concluding the distance contract where the General Terms and Conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that, in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or annulled, the remaining provisions shall remain in force, and the void or annulled provision shall be replaced immediately by mutual agreement with a provision that approximates the purpose of the original provision as closely as possible.
Situations not regulated in these General Terms and Conditions should be assessed in line with the spirit of these Terms and Conditions.
Ambiguities about the interpretation or content of one or more provisions of our conditions should be explained in accordance with the spirit of these General Terms and Conditions.
ARTICLE 4 – THE OFFER
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The entrepreneur’s offer is non-binding. The entrepreneur is entitled 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 a proper assessment by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Images of products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Every offer contains sufficient information to make clear to the consumer what rights and obligations are attached to accepting the offer, including but not limited to:
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the price including taxes;
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any shipping costs;
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the manner in which the agreement will be concluded and what actions are required;
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whether or not the right of withdrawal applies;
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the method of payment, delivery, and performance of the agreement;
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the duration of the contract in case of a continuing transaction;
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whether the agreement will be archived after conclusion and, if so, how it can be consulted by the consumer.
ARTICLE 5 – THE AGREEMENT
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the stated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall confirm receipt of acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur may, within legal limits, ascertain whether the consumer can meet his payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If the entrepreneur has good grounds, based on this investigation, not to conclude the contract, he is entitled to refuse an order or application or to attach special conditions to its execution.
The entrepreneur shall send the following information to the consumer, in writing or in such a way that the consumer can store it on a durable medium, no later than at the time of delivery:
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the address of the entrepreneur’s business location where the consumer can lodge complaints;
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the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
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information about warranties and after-sales service;
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the price including all taxes of the product, service, or digital content;
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delivery costs where applicable;
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the method of payment, delivery, or performance of the agreement;
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the requirements for termination of the contract if it has a duration of more than one year or is of indefinite duration;
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if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing transaction, the above applies only to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
Upon delivery of products:
The consumer has the right to withdraw from the contract within 14 days without giving any reason. This reflection period starts on the day after the consumer, or a representative designated by the consumer and notified to the entrepreneur, has received the product.
[Includes warranty, exclusions for hygiene products, exceptions, multiple deliveries, digital content, etc.]
ARTICLE 7 – COSTS OF WITHDRAWAL
When exercising the right of withdrawal, the consumer shall bear the return costs at most. The entrepreneur shall refund the purchase price as soon as possible, but no later than 14 days after withdrawal.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
Exclusion is only possible if this was clearly stated in the offer and concerns:
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custom-made products;
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perishable goods;
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sealed hygiene products which have been unsealed;
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services with specific dates such as travel, leisure, or accommodation.
ARTICLE 9 – PRICE
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Prices are not increased during the validity period of the offer, except due to legal changes (e.g., VAT).
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Prices include VAT.
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Errors in pricing are not binding.
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Customs duties/import fees are excluded and are the customer’s responsibility.
ARTICLE 10 – CONFORMITY AND WARRANTY
The entrepreneur guarantees that the products/services comply with the contract, specifications, usability, and legal requirements at the time of delivery.
Warranty does not apply if the consumer has repaired/altered products, misused them, or exposed them to abnormal conditions.
Hygiene products cannot be returned.
ARTICLE 11 – DELIVERY AND PERFORMANCE
Orders are carried out with due care. Delivery address is the address provided by the consumer.
Delivery within 30 days unless otherwise agreed. Delays give the consumer the right to cancel without cost.
Risk passes upon delivery to the consumer.
ARTICLE 12 – CONTINUING TRANSACTIONS: DURATION, TERMINATION, AND RENEWAL
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Consumer may cancel agreements of indefinite duration with one month’s notice.
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Fixed-term contracts cannot be tacitly renewed beyond their term, except limited cases (e.g., magazines up to 3 months).
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Contracts longer than one year may be terminated by the consumer after one year, with one month’s notice.
ARTICLE 13 – PAYMENT
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Payment due within 7 business days unless otherwise agreed.
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Consumer must report inaccuracies in payment details.
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Available methods: iDeal, Bancontact, Klarna, KBC/CBC, Belfius Direct Net, Credit Card (AMEX, Mastercard, Maestro, Visa).
ARTICLE 14 – COMPLAINTS PROCEDURE
The entrepreneur has a sufficiently publicized complaints procedure. Complaints must be submitted promptly and clearly described. Complaints are answered within 14 days. If longer processing is required, the consumer will be informed.
ARTICLE 15 – DISPUTES
Only Dutch law applies to contracts between the entrepreneur and the consumer to which these Terms and Conditions apply.
MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
— To:
Company Name
Address
Postal Code
E-mail
Telephone
— I/We () hereby give notice that I/We () withdraw from our contract for the sale of the following goods/provision of the following service (*):
— Ordered on (DD-MM-YYYY):
— Order number:
— Received on (DD-MM-YYYY):
— Name(s) of consumer(s):
— Address of consumer(s):
— IBAN account number:
— Signature of consumer(s) (only if this form is submitted on paper):
— Date (DD-MM-YYYY):