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 can 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;
Long-term transaction:
A distance contract with regard to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: Any means that allows the consumer or entrepreneur to store information directed to them personally in a way that future consultation and unchanged reproduction of the stored information is possible.
Right of withdrawal: The option for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: The natural or legal person who offers products and/or services to consumers from a distance;
Distance contract: An agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technique for distance communication: Means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same space at the same time.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Louvelly

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order 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 can be viewed at the entrepreneur's premises and they will be sent free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in deviation from the previous paragraph, in such a way that the consumer can easily store it on a durable data carrier. 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 electronically or otherwise at the consumer's request. In addition to these general terms and conditions, if specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and the consumer can always invoke the most favorable applicable provision in the event of conflicting general terms and conditions. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced by a provision that approximates the original intent as closely as possible in mutual consultation. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.

Article 4 – The offer

The offer contains a complete and accurate description of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

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

1. The price including taxes;
2. Any possible costs of shipping;
3. The manner in which the agreement will be concluded and what actions are required for this;
4. Whether or not the right of withdrawal is applicable;
5. The method of payment, delivery, and execution of the agreement;
6. The term for accepting the offer, or the term within which the entrepreneur guarantees the price;
7. The level of the rate for distance communication if the costs for using the technique for distance communication are calculated on a basis other than the regular base rate for the used communication means;
8. Whether the contract is archived after its conclusion, and if so, in what way it can be consulted by the consumer;
9. The way in which the consumer, before concluding the agreement, can check and if desired restore the data provided by them under the agreement;
10. Any other languages in which, besides Dutch, the agreement can be concluded;
11. The codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically;
12. The minimum duration of the distance contract in the event of a long-term transaction.
13. Optional: available sizes, colors, type of materials.

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 associated conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately 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 can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can – within legal frameworks – investigate whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will provide the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: a. The visiting address of the entrepreneur's business where the consumer can go with complaints; b. The conditions under which and the way in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. The information about guarantees and existing after-sales service; d. The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery. Each agreement is concluded under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after the consumer, or a pre-designated representative announced to the entrepreneur, has received the product. 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 assess whether they wish to keep the product.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must communicate this through a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example through proof of shipment.

If the customer has not expressed their intention to exercise the right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received by the web retailer or conclusive proof of complete return can be presented.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for certain products and services, provided that the entrepreneur has clearly stated this in the offer and before the agreement is concluded. Exclusion of the right of withdrawal is only possible for products and services:

1. That are made to the consumer's specifications;
2. That are clearly personal in nature and cannot be returned;
3. That can spoil or age quickly;
4. Whose prices are subject to fluctuations in the financial market that the entrepreneur cannot influence;
5. For individual newspapers and magazines;
6. For products that have been sealed for hygiene reasons and whose seal has been broken by the consumer;
7. For services that have already started with the explicit consent of the consumer before the cooling-off period has expired;
8. Concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period.

Article 9 – The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur cannot influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices, are mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and they:

• Result from statutory regulations or provisions; or
• The consumer has the authority to terminate the agreement on the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal 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.

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

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in their 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 had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise carelessly handled or treated contrary to the instructions of the entrepreneur and/or on the packaging;
• The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the company. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.

All delivery times are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a term does not entitle the consumer to compensation.

In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are 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 pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination, and renewal

Termination The consumer can 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 observance of the agreed termination rules and a notice period of no more than one month.

The consumer can 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 towards the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can enter into the agreements mentioned in the previous paragraphs:

• Terminate at any time and not be limited to termination at a specific time or in a specific period;
• At least terminate in the same way as they were entered into by the consumer;
• Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily or 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 towards the end of the extension with a notice period of no more than one month.

An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can 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 the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

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

Duration If an agreement has a duration of more than one year, the consumer can 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

To the extent not otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this term commences on the day after the consumer has received the confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

If the consumer does not meet their payment obligation(s) in time, they are, after being notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, after the absence of payment within this 14-day period, owed the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 14 – Complaints

The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement within a reasonable time or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute resolution procedure.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer lives abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not disadvantage the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.