General terms and conditions of Lyvng

Table of contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The supplier's offer
Article 5 - The entrepreneur's commitment and obligations
Article 6 - Right of withdrawal
Article 7 - Costs in case of revocation
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price and fee
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

General Terms and Conditions: the conditions included in this document that apply to the relationship between entrepreneur and consumer.
Cooling-off period: the period within which the consumer can make use of his right of withdrawal.
Fee: the difference between the purchase price of the entrepreneur from the supplier and the (sales) price of the supplier offered on the entrepreneur's website.
Service: the activities offered by the entrepreneur on the basis of the agreement with the consumer, mainly consisting of offering and supporting the website and concluding an agreement with the supplier on behalf of the consumer.
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into an agreement with the entrepreneur.
Day: calendar day.
Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
Goods: the products offered by the supplier to the consumer via the entrepreneur's website.
Right of withdrawal: the possibility for the consumer to dissolve the agreement within the cooling-off period, without giving any reason, within a period of 14 days, starting from the day after the day of receipt.
Supplier: a third party not affiliated with the entrepreneur, with whom the consumer concludes an agreement via the website and the services for the delivery of certain goods. 11. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wishes to make use of his right of withdrawal.
Entrepreneur: On request
Agreement: an agreement concluded between consumer and supplier via the entrepreneur's website.
Price: the price that the supplier charges the consumer when concluding an agreement. The price is – unless stated otherwise – inclusive of VAT.
Commitment: the agreement concluded between consumer and entrepreneur to use the website and services.
Website: www.Lyvng.nl and the webshop offered therein consisting of a digital offer platform on which goods from the supplier are offered, traded, sold and/or promoted to the consumer and on which the consumer can, if desired, conclude a distance contract with the supplier.

Article 2 - Identity of the entrepreneur

Email: info@Lyvng.nl

Name. D. Speek

Tel: 085 888 0326

KVK: 86366912

VAT: NL004235834B22

Location: Sister Marie Aldolphinestraat 19, Ossendrecht

Article 3 - Applicability

These general terms and conditions apply to every agreement concluded between entrepreneur and consumer, as well as the agreement between consumer and supplier.
The text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. However, if this is not reasonably possible, it will be indicated before the agreement 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 at the consumer's request.
In the event that, in addition to these general terms and conditions, specific product or service conditions of the supplier also apply, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The supplier's offer

The goods offered on the website are exclusively offered by a supplier selected by the entrepreneur. If an offer has a limited period of validity or is made under conditions, this will be stated in the offer by the supplier.
The offer is without obligation. The entrepreneur is entitled to change and adjust the supplier's offer.
The delivery time(s) mentioned in the offer are an indication. Entrepreneur does not guarantee to consumer that the goods will be delivered by supplier within the delivery time.
Entrepreneur does not guarantee to consumer that the supplier's offer contains a complete and accurate description of the goods offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are the best possible representation of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and the actions required for this;
the right of withdrawal;
the method of payment, delivery and execution of the agreement;
the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after it has been concluded and, if so, how the consumer can consult it;
the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in the context of the agreement and;
the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically.

Article 5 - The commitment and obligations of the entrepreneur

An obligation is automatically established if the consumer confirms via the website that he or she wishes to use the services and enters into an agreement with the supplier.
When entering into an agreement, the obligations of the entrepreneur are limited to performing the services for the consumer. The entrepreneur does not deliver the goods or make them available.
If the consumer enters into an obligation and an agreement is concluded, the entrepreneur will immediately confirm this electronically (also on behalf of the supplier).
The Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data.
Payments must be made electronically by the consumer. To this end, the entrepreneur will take appropriate security measures.
The entrepreneur will send the following information to the consumer with the goods, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the information included in Article 4 paragraph 5 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

Upon delivery of goods:

When purchasing goods, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the goods by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
The consumer has the option to invoke his right of withdrawal primarily against the supplier. In that case, the entrepreneur will, if desired, mediate on behalf of the consumer and ensure any redirection. This does not affect the consumer's ability to exercise the rights mentioned in this article against the entrepreneur who, in that capacity, will act on behalf of and for the benefit of the supplier and will assume the obligations arising therefrom.
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 he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur as stated in article 5 under 6b of these general terms and conditions.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify this to either the supplier or the entrepreneur within 14 days of receiving the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the goods within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment. If the consumer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the goods to the supplier or entrepreneur, the right of withdrawal will lapse by operation of law.

Article 7 - Costs in case of revocation

If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
If the consumer has paid the price (in part), the supplier or entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition here is that the goods have already been received back by the supplier or entrepreneur, or conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The supplier and entrepreneur can exclude the consumer's right of withdrawal for goods as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if this is clearly stated on the website, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for goods:

which by their nature cannot be returned;
that can spoil or become outdated quickly;
the price of which is subject to fluctuations in 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 where the consumer has broken the seal.

Article 9 - The price and fee

During the period of validity stated in the offer, the prices of the goods offered by the supplier will not be increased, except for price changes resulting from changes in VAT rates.
By way of exception to the previous paragraph, the supplier may offer products whose prices are subject to fluctuations in the financial market and over which the supplier has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the supplier is not obliged to deliver the product at the incorrect price.
When an agreement is concluded, the entrepreneur is entitled to the fee and the entrepreneur is responsible for payment of the supplier and transfer of necessary data to the supplier, so that the latter can deliver the goods directly to the consumer. Any costs and (tax) levies for importing goods outside the EU are for the account of the consumer.

Article 10 - Conformity and Warranty

Supplier guarantees that the products comply with the agreement, 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 the agreement was concluded. If agreed, supplier also guarantees that the goods are suitable for other than normal use.
A guarantee provided by the supplier does not affect the statutory rights and claims that the consumer can assert against the entrepreneur on the basis of the obligation. In that case, the consumer has the possibility to exercise the rights mentioned in this article against the entrepreneur who will act in that capacity on behalf of and for the benefit of the supplier and will assume the obligations arising therefrom.
Any defects or incorrectly delivered products must be reported in writing to the supplier or entrepreneur within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
The supplier's warranty period corresponds to the manufacturer's warranty period. However, neither the supplier nor the entrepreneur is ever 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 himself and/or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the supplier or 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

Entrepreneur shall ensure that the necessary data is passed on to supplier via, among other things, the website. Supplier shall exercise the utmost care when receiving and executing orders for goods.
The place of delivery is the address that the consumer has made known to the supplier or entrepreneur. The consumer is responsible for the correctness of the (address) data provided by the consumer. If these are not provided correctly, the entrepreneur and/or supplier will not accept any liability for goods not received.
If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, 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 terminate the agreement without costs. The consumer has no right to compensation.
All delivery times are indicative and depend on the place of manufacture by the supplier. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In the event of termination of the agreement, the supplier or entrepreneur will refund the price or amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of a good proves impossible, the entrepreneur will make an effort to provide a replacement product. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of a possible return shipment of defective products are for the account of the supplier or the entrepreneur, depending on who the consumer decides to address.
The risk of damage and/or loss of goods rests with the supplier or entrepreneur respectively until the moment of delivery to the consumer or a representative designated in advance and made known to the supplier or entrepreneur respectively, unless expressly agreed otherwise.
The consumer must complain about non-receipt of ordered goods in accordance with the complaints procedure of Article 13 within 60 days after confirmation of shipment by the supplier, under penalty of forfeiture of rights.

Article 12 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period as described in Article 6 of these general terms and conditions.
The consumer has the duty to report any inaccuracies in payment details provided or stated to the supplier or entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 13 - Complaints procedure

The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur in writing, fully and clearly described, within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
In case of complaints, consumers should contact the entrepreneur.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace the delivered goods free of charge or have them repaired by the supplier.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

Article 14 - Disputes

All obligations between entrepreneur and consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.
The Vienna Sales Convention and any other applicable international regulation, the application of which can be excluded, shall not apply to these general terms and conditions and other obligations.