Terms & Conditions

Table of Contents:

• Article 1 - Definitions
• Article 2 - Identity of the Business
• 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 - Pricing
• Article 10 - Compliance & Warranty
• Article 11 - Delivery & 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:

• Cooling-off period: The period during which the consumer may exercise their right of withdrawal.
• Consumer: The natural person not acting in the exercise of a profession or business who 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, for which the supply and/or purchase obligation is spread over time.
• Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
• Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
• Model form: The withdrawal form provided by the entrepreneur that the consumer can use if they wish to exercise their right of withdrawal.
• Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance.
• Distance contract: A contract concluded as part of an organized system for the remote sale of products and/or services, whereby only one or more distance communication techniques are used until the contract is concluded.
• Technology for remote communication: Any means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same space.
• General Terms & Conditions: These General Terms & Conditions of the entrepreneur.

Article 2 - Identity of the Business

Luxury Living B.V. ~ Favori Store
Zilverstraat 34, 2544ER, The Hague, South Holland
Email: [email protected]
Chamber of Commerce Number: 83469303
VAT Identification Number: NL862886144B01

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 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 where the general terms and conditions can be reviewed at the entrepreneur's location and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the contract is finalized, the text of these general terms and conditions may be provided to the consumer electronically 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 where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request, either electronically or by other means.

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

If one or more provisions of these general terms and conditions are found to be wholly or partially void or annulled at any time, the agreement and these conditions will otherwise remain in effect, and the invalid provision will be replaced in mutual consultation with a provision that most closely reflects the original intent.

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

Any ambiguities in the interpretation or content of one or more provisions of these terms should be interpreted 'in 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 offer is non-binding. The entrepreneur has the right to modify or adjust the offer.

The offer includes 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, they will be a true representation of the products and/or services offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and details in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Product images are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual product colors.

Each offer contains sufficient information to clarify the rights and obligations of the consumer upon acceptance of the offer. This includes:

• The price, including taxes;
• Any applicable shipping costs;
• The method by which the contract will be concluded and the necessary steps;
• Whether the right of withdrawal applies or not;
• The method of payment, delivery, and execution of the agreement;
• The period for accepting the offer or the period during which the entrepreneur guarantees the price;
• The applicable rate for remote communication if costs differ from the standard base rate;
• Whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;
• The way the consumer can check and correct the data provided before concluding the contract;
• Any additional languages in which the agreement can be concluded besides Dutch;
• Any codes of conduct the entrepreneur adheres to and how the consumer can access these electronically;
• The minimum duration of a distance contract in case of a continuous transaction.

Optional: available sizes, colors, material types.

Article 5 - The Agreement

The agreement is established, 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 shall immediately confirm receipt of acceptance electronically. As long as 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 organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur shall take appropriate security measures.

The entrepreneur may, within the limits of the law, investigate whether the consumer can meet their payment obligations and any other relevant factors for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the contract, they are entitled to refuse an order or application with reasons or to attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored on a durable data carrier:

• The business address of the entrepreneur where the consumer can file complaints;
• The conditions and procedures for exercising the right of withdrawal, or a clear statement if the right of withdrawal does not apply;
• Information about warranties and available after-sales services;
• The data included in Article 4, paragraph 3, unless this data has already been provided to the consumer before the contract was executed;
• The requirements for terminating the contract if it has a duration of more than one year or is indefinite.

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

Every contract is entered into under the suspensive condition of sufficient product availability.

Article 6 - Right of Withdrawal

For Product Deliveries:

When purchasing products, the consumer has the right to withdraw from the contract within 14 days without providing any reason. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.

During the cooling-off period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they must return the product with all delivered accessories, in its original condition and packaging, following the entrepreneur’s clear and reasonable instructions.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification should be made using the model withdrawal form. After informing the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned in time, for example, by a shipping receipt.

If the consumer does not notify the entrepreneur of their intention to withdraw within the specified period or fails to return the product, the purchase is final.

For Service Deliveries:

For service agreements, the consumer has the right to withdraw from the contract within at least 14 days, starting from the date the contract was concluded.

To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or at the latest upon delivery.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they will only be responsible for the return shipping costs.

If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This refund is subject to the condition that the product has been received by the retailer or that conclusive proof of complete return has been provided. The refund will be processed using the same payment method the consumer originally used unless the consumer explicitly agrees to a different method.

If the product has been damaged due to careless handling by the consumer, the consumer is responsible for any depreciation in value.

The consumer cannot be held liable for any depreciation in value if the entrepreneur has failed to provide all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

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

Exclusion of the right of withdrawal is only possible for:

• Products that have been customized according to the consumer’s specifications;
• Products that are clearly personal in nature;
• Products that cannot be returned due to their nature;
• Products that can deteriorate or expire quickly;
• Products whose price is dependent on fluctuations in the financial market beyond the entrepreneur’s control;
• Loose newspapers and magazines;
• Audio and video recordings or computer software where the consumer has broken the seal;
• Hygienic products where the consumer has broken the seal.

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

• Related to lodging, transport, restaurant services, or leisure activities to be performed on a specific date or within a specific period;
• Where the delivery has started with the consumer’s explicit consent before the cooling-off period has expired;
• Related to betting and lotteries.

Article 9 - Pricing

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 alterations in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market beyond the entrepreneur’s control. This dependency on market fluctuations and the fact that listed prices are target prices will be clearly stated in the offer.

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

Price increases more than 3 months after the conclusion of the contract are only allowed if:

• They result from legal regulations or provisions; or
• The consumer has the right to terminate the contract as of the day the price increase takes effect.

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

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

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in effect on the date of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims under the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Returned products must be in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual consumer’s specific use, nor for any advice regarding the use or application of the products.

The warranty does not apply in the following cases:

• The consumer has attempted to repair and/or modify the delivered products themselves or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions, mishandled, or otherwise treated contrary to the instructions of the entrepreneur and/or on the packaging;
• The defect is wholly or partially caused by government regulations regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and fulfilling product orders and when assessing requests for the provision of services.

The delivery address will be the address that the consumer has provided to the company.

Subject to the provisions of paragraph 4 of this article, the company will process accepted orders with due speed 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 fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement free of charge. The consumer is not entitled to compensation.

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

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

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to offer a replacement product. At the latest upon delivery, it will be clearly communicated that a replacement product is being provided. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment in this case will be covered 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 by the consumer and known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Ongoing Transactions: Duration, Termination, and Renewal

Termination

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

The consumer may terminate an agreement concluded for a fixed period that involves the regular delivery of products (including electricity) or services at the end of the specified duration, subject to the agreed termination rules and a notice period of no more than one month.

The agreements mentioned in the previous paragraphs may be:

• Terminated at any time without restriction to a specific termination date or period;
• Terminated in the same manner in which they were originally concluded;
• Terminated with the same notice period that the entrepreneur applies to themselves.

Renewal

A fixed-term agreement that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a specified period.

An exception applies to agreements concluded for the regular delivery of daily, news, and weekly newspapers or magazines, which may be automatically extended for a maximum of three months, provided that the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.

A fixed-term agreement that involves the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer is allowed to terminate it at any time with a notice period of no more than one month. However, if the agreement concerns the regular but less frequent than once-a-month delivery of daily, news, or weekly newspapers and magazines, the notice period may be up to three months.

A trial or introductory subscription for the regular delivery of daily, news, and weekly newspapers and magazines shall not be automatically renewed and will end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the agreed duration ends.

Article 14 - Complaints Procedure

The entrepreneur has a well-publicized complaints procedure and will handle complaints in accordance with this procedure.

Complaints regarding the execution of the agreement must be submitted in full and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will provide an acknowledgment of receipt within 14 days and indicate when the consumer can expect a more detailed response.

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

In case of complaints, the consumer must first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur explicitly states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products at no cost to the consumer.

Article 15 - Disputes

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

The Vienna Sales Convention (CISG) does not apply.

Article 16 - Additional or Deviating Provisions

Any additional or deviating provisions from these general terms and conditions may not disadvantage the consumer and must be recorded in writing or in a way that allows the consumer to store them on a durable data carrier for future reference.