General Terms and Conditions

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Ongoing 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;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;

Technique for distance communication: a means that can be used for the conclusion of a contract, without the consumer and entrepreneur being simultaneously present in the same location.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

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 to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, and notwithstanding the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it 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 consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the contract and these conditions shall otherwise remain in force, and the relevant provision shall be replaced immediately by mutual agreement with a provision that approximates the purport of the original as closely as possible.

Situations not covered by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.

Ambiguities 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 3 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to amend 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images and specification data in the offer are indicative and cannot give rise to any claim for compensation or dissolution of the contract.

Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by and at the risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services with respect to importation. This scheme applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service will collect the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;

any shipping costs;

the manner in which the contract will be concluded and the actions required for this purpose;

whether or not the right of withdrawal applies;

the method of payment, delivery and performance of the contract;

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

the level of the tariff for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used;

whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;

the manner in which the consumer can check and, if desired, correct the data provided in connection with the contract before the contract is concluded;

any other languages, in addition to Dutch, in which the contract can be concluded;

the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of an ongoing transaction.

Optional: available sizes, colours, type of materials.

Article 4 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within legal frameworks, verify whether the consumer is able to meet their payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the distance contract. If the entrepreneur has good grounds on the basis of this investigation not to enter into the contract, they are entitled to refuse an order or application with reasons, or to attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, together with the product or service:

the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
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;
information on guarantees and existing after-sales service;
the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the contract;
the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

Upon the purchase of products, the consumer has the option to dissolve the contract without giving reasons within 30 days. This cooling-off period commences on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.

During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to retain it. If they exercise their right of withdrawal, they shall return the product with all accessories supplied and — where reasonably possible — in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 30 days of receiving the product. The consumer must do so by means of a written communication/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must provide proof that the delivered goods have been returned in time, for example by means of proof of postage.

If, upon expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the sale is final.

Article 6 – 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 made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

that have been produced by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned by their nature;
that can perish or become outdated quickly;
whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
for individual 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.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
the delivery of which has begun with the consumer's express consent before the cooling-off period has expired;
relating to betting and lotteries.

Article 8 – Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence at variable prices. This dependency on fluctuations and the fact that any prices stated are indicative prices will be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

they result from statutory regulations or provisions; or
the consumer has the right to terminate the contract with effect from the date on which the price increase takes effect.

The place of supply, pursuant to Article 5, paragraph 1, of the Turnover Tax Act 1968, is the country in which the transport commences. In the present case, this delivery takes place outside the EU. Accordingly, import VAT and/or customs clearance costs will be collected from the recipient by the postal or courier service. The entrepreneur will therefore not charge VAT.

All prices are subject to typographical errors. No liability is accepted for the consequences of typographical errors. In the event of typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 9 – Identity of the Entrepreneur

Company name: AVA LUNE | DAINTY Business address: Rijksweg 496 2071cw Santpoort-noord info@avalune.co Chamber of Commerce number: 62520725 VAT identification number: NL001165319B36

Article 10 – Conformity and Warranty

The entrepreneur warrants that the products and/or services conform to the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date of the conclusion of the contract. If agreed, the entrepreneur also warrants that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Return of the products must be made in the original packaging and in new condition.

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.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has 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 have been used contrary to the entrepreneur's instructions and/or the instructions on the packaging;

The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the utmost care when accepting and executing orders for products.

The place of delivery shall be the address that the consumer has made known to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.

In the event of dissolution 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 dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Ongoing Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate a contract entered into for an indefinite period and relating to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract entered into for a definite period and relating to the regular delivery of products (including electricity) or services at any time towards the end of the specified duration, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

at any time and shall not be restricted to termination at a specific time or during a specific period;

with at least the same means by which they were entered into;

always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A contract entered into for a definite period and relating to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, a contract entered into for a definite period and relating to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months, provided that the consumer can terminate the extended contract towards the end of the extension with a notice period of no more than one month.

A contract entered into for a definite period and relating to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is permitted to terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of a contract relating to the regular, but less than once monthly, delivery of daily, news and weekly newspapers and magazines.

A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically upon expiry of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract 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

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.

The consumer has the obligation to immediately notify the entrepreneur of any inaccuracies in the payment details provided or stated.

In the event of default by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly within 7 days of the consumer noticing the defects.

Complaints submitted to the entrepreneur will be responded to within 30 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 30 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and reinforced from 2024 in connection with the "Act amending the Turnover Tax Act 1968 (Act implementing the payment services directive)" and thereby the implementation of the central electronic system for payment information (CESOP), payment service providers may register data in the European CESOP system.

AVA LUNE · Est. 2015 · avalune.co · info@avalune.co