Terms & Conditions

TERMS AND CONDITIONS

TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the Merchant
Article 3 - Applicability Article
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 Execution
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

Supplementary Agreement: An agreement in which the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these items, digital content, and/or services are provided by the merchant or by a third party based on an arrangement between that third party and the merchant;
Cooling-off Period: The period within which the consumer may exercise their right of withdrawal;
Consumer: The natural person not acting in the exercise of a profession, business, or craft who enters into an agreement with the merchant;
Day: Calendar day;
Digital Content: Data produced and delivered in digital form;
Duration Transaction: A distance agreement relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
Durable Medium: Any instrument (including email) that enables the consumer or merchant to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information;
Right of Withdrawal: The option for the consumer to waive the distance agreement within the cooling-off period;
Model Form: The withdrawal form provided by the merchant that the consumer can fill out if they wish to exercise their right of withdrawal;
Merchant: The natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance;
Distance Agreement: An agreement concluded within the framework of a system organized by the merchant for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Technique for Distance Communication: Means that can be used to conclude an agreement without the consumer and merchant being in the same room at the same time;
Terms and Conditions: These General Terms and Conditions of the merchant.

ARTICLE 2 - IDENTITY OF THE MERCHANT

Name: Lelovi Business Address: Upon request (no visiting address) Email: info@lelovi.com Chamber of Commerce Number: Upon request VAT Identification Number: Upon request

ARTICLE 3 - APPLICABILITY

These terms and conditions apply to every offer made by the merchant and to every distance agreement and order concluded between the merchant and the consumer.
Before the distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the agreement is concluded that the terms and conditions can be viewed at the merchant's location, how they can be viewed, and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance agreement is concluded electronically, the text of these terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored on a durable medium.
If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting terms.

ARTICLE 4 - 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 merchant's offer is non-binding. The merchant is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. If images are used, they are a true representation of the products. Obvious mistakes or errors in the offer do not bind the merchant.
Product images are a faithful representation, but the merchant cannot guarantee that colors displayed on a screen exactly match the real colors.
Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer, specifically:
- The price including taxes;
- Any shipping costs;
- The method of payment, delivery, and execution;
- The application of the right of withdrawal.

ARTICLE 5 - THE AGREEMENT

The agreement is concluded at the moment the consumer accepts the offer and meets the established conditions.
If the consumer accepts the offer electronically, the merchant will immediately confirm receipt of the acceptance. As long as this receipt has not been confirmed, the consumer may terminate the agreement.
The merchant will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment.

ARTICLE 6 - RIGHT OF WITHDRAWAL

For Products:

The consumer has the option to dissolve the agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons.
This period begins on the day after the consumer, or a representative designated by the consumer, receives the product.
Hygiene Products: Hygiene products (e.g., underwear, bikinis, makeup, hair styling products, beauty products, etc.) cannot be returned or refunded once the seal is broken, especially in light of current COVID-19 measures.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it.

ARTICLE 7 - COSTS OF WITHDRAWAL

If the consumer exercises their right of withdrawal, they will bear at most the cost of returning the goods.
The merchant will refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, using the same payment method used by the consumer, provided the product has been received back or conclusive proof of return is provided.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The merchant can exclude the right of withdrawal for certain products, such as:

Custom-made products according to consumer specifications.
Clearly personal items.
Perishable goods.
Sealed audio/video recordings or computer software where the seal has been broken.
Sealed hygiene products (as mentioned in Article 6).

ARTICLE 9 - THE PRICE

Prices will not be increased during the validity period stated in the offer, except for changes resulting from VAT rate adjustments.
All prices are subject to printing and typographical errors. The merchant is not obliged to deliver the product at an incorrect price resulting from such errors.
Important for US Customers: Special additional customs clearance costs and/or import duties are not included in the price and are the responsibility of the customer.

ARTICLE 10 - WARRANTY AND CONFORMITY

The merchant guarantees that the products meet the agreement, the specifications stated in the offer, and reasonable requirements of reliability and usability.
Any defects or incorrectly delivered products must be reported to the merchant in writing within 4 weeks of delivery.

ARTICLE 11 - DELIVERY AND EXECUTION

The merchant will take the greatest possible care when receiving and executing orders.
Delivery will be made to the address provided by the consumer.
The merchant will execute accepted orders with convenient speed but at the latest within 30 days, unless a longer delivery period has been agreed upon.

ARTICLE 12 - DURATION TRANSACTIONS

(This section covers rules for subscriptions and long-term contracts, including a one-month notice period for termination.)

ARTICLE 13 - PAYMENT

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period.
The consumer can pay using: Credit Cards (AMEX and Visa).

ARTICLE 14 - COMPLAINTS PROCEDURE

Complaints about the execution of the agreement must be submitted fully and clearly described to the merchant within a reasonable time after the consumer has discovered the defects.
Complaints will be answered within 14 days of receipt.

ARTICLE 15 - DISPUTES

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

ARTICLE 16 - ADDITIONAL OR DEVIATING PROVISIONS

Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing.

MODEL WITHDRAWAL FORM

(Only fill out and return this form if you wish to withdraw from the agreement)

To: [Merchant Name] [Address] [Email]

I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods/provision of the following service ():

Ordered on (DD-MM-YYYY):
Order Number:
Received on (DD-MM-YYYY):
Consumer Name(s):
Consumer Address:
IBAN Account Number:
Signature (only if submitted on paper):
Date: