General Terms and Conditions
TABLE OF CONTENTS:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
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 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Continuing performance contracts: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession, business or trade and enters into an agreement with the entrepreneur;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance contract: an agreement relating to a series of products and/or services, the obligation of delivery and/or purchase of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information directed to him personally in a way that permits future consultation and unchanged reproduction of the stored information, including email.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the withdrawal model form provided by the entrepreneur to the consumer, which the consumer can complete when he wishes to exercise his right of withdrawal;
Entrepreneur: the natural or legal person offering products and/or (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication with the consumer;
Means of distance communication: a means that can be used to conclude a distance contract without the consumer and entrepreneur being in the same place at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Name entrepreneur: Financial Consultancy 4 You, Trade name Levino
Business address: Orkest 6, 5344 CW, Oss
Email address: info@Levino.co.uk
Chamber of Commerce number: 86440853
VAT identification number: 003551514B81
ARTICLE 3 – APPLICABILITY
1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders concluded between entrepreneur and consumer.
2. 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises, how they can be viewed, and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, then notwithstanding the previous paragraph, before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In case specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer may, in the event of conflicting terms and conditions, always invoke the applicable provision most favorable to him.
5. If at any time one or more provisions of these general terms and conditions are declared wholly or partially null and void or are annulled, these general terms and conditions will otherwise remain in force, and the provision concerned will be replaced without delay by mutual agreement by a provision that approximates the scope of the original as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our conditions must be interpreted in the spirit of these general terms and conditions.
ARTICLE 4 – THE OFFER
8. If an offer has a limited period of validity or is subject to conditions with a suspensive or resolutive effect, or any other condition, this will be expressly stated in the offer.
9. The entrepreneur's offer is without obligation. The entrepreneur is entitled to change and amend the offer.
10. The entrepreneur's offer contains a description of the offered products and/or services that is at all times complete and accurate. The offer includes a sufficiently detailed description to enable a proper assessment of the offer by the consumer. If the entrepreneur uses any images that imply that these images show the offered product, these are a faithful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer shall not bind the entrepreneur.
11. Images with products are a truthful representation of the products offered. However, the entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
12. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This relates in particular to:
• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and what actions are necessary for this;
• whether or not the amount of the tariff for distance communication applies if the costs of using the distance communication technique are calculated on a basis other than the regular basic tariff for the communication medium used;
• whether the contract is archived after its conclusion, and if so, how the consumer can consult it;
• the minimum duration of the distance contract in the case of a continuing performance contract;
• applicability of the right of withdrawal;
• the method of payment, delivery and performance of the contract.
ARTICLE 5 – THE AGREEMENT
13. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions attached thereto.
14. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
15. 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 secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
16. The entrepreneur may, within legal frameworks, inform himself as to whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the performance.
17. The entrepreneur shall send the consumer 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, at the latest upon delivery of the product or service or the digital content:
18. the visiting address of the entrepreneur's establishment to which the consumer can turn with complaints;
19. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
20. Information about warranties and existing after-sales service;
21. the price, including taxes, of the product, service or digital content;
22. the costs of delivery, where applicable;
23. the method of payment, delivery or performance of the distance contract;
24. the requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
25. if the consumer has a right of withdrawal, the model withdrawal form.
26. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
Upon delivery of products:
27. The consumer has, when purchasing products, the opportunity to dissolve the agreement without giving reasons during 14 days.
28. This cooling-off period begins on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.
29. The warranty period of the intermediary is the same as the warranty period of the manufacturer. However, the intermediary is never responsible for the ultimate suitability of the products for an individual application by the buyer, nor for any advice regarding the use or application of the products.
In the event of a warranty claim, the Intermediary shall, at its option, provide for replacement or repair. In the event of replacement, the buyer undertakes to return the replaced item to the Intermediary.
The warranty does not apply if:
• the buyer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;
• the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the intermediary and/or have been treated in a manner contrary to the packaging;
• the defect is wholly or partially the result of regulations that the government has issued or will issue with regard to the type or quality of the materials used;
• Hygiene products cannot be returned and refunded, especially not with the current COVID-19 measures. A list of hygiene products that cannot be returned and refunded (the list is not exhaustive): underwear, bikinis, makeup, hair styling products, beauty products, etc.
If:
30. the consumer has ordered several products in the same order, the cooling-off period starts on the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with different delivery times.
31. the delivery of a product consists of different shipments or parts, the cooling-off period starts on the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
32. the agreement provides for the regular delivery of products during a certain period, the cooling-off period starts on the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not delivered on a tangible medium:
33. In the event that a service agreement or an agreement for the supply of digital content that is not delivered on a tangible medium, the consumer may dissolve the agreement during fourteen days without giving reasons. These fourteen days commence on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not delivered on a tangible medium when not informed about the right of withdrawal:
34. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the withdrawal model form, the cooling-off period ends twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
35. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
36. During the cooling-off period, the consumer will handle the product and packaging with care. He 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 its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
37. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must give notice by means of the model form. After the consumer has notified that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
38. If the consumer exercises the right of withdrawal, at most the costs of return shipping shall be for his account.
39. The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, in the same manner used by the consumer. This requires receipt back by the webshop or conclusive proof of complete return.
40. Any depreciation of the product caused by careless handling shall be for the account of the consumer. This cannot be invoked if the entrepreneur has not provided all legally required information regarding the right of withdrawal. This must occur prior to the conclusion of the purchase agreement.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
41. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the agreement, and if it concerns one of the products listed in paragraphs 2 and 3.
42. Exclusion is only possible for the following products:
• products made by the entrepreneur in accordance with the consumer's specifications;
• products that are clearly personal in nature;
• products that can spoil or age quickly;
• products whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• individual newspapers and magazines;
• Audio and video recordings and computersoftware of which the consumer has broken the seal;
• hygiene products of which the consumer has broken the seal. Hygiene products cannot be returned and refunded, especially not with the current COVID-19 measures. A list of hygiene products that cannot be returned and refunded (the list is not exhaustive): underwear, bikinis, makeup, hair styling products, beauty products, etc.
43. Exclusion is only possible for the following services:
• concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
• whose delivery, with the explicit consent of the consumer, has begun before the cooling-off period has expired;
• concerning bets and lotteries.
ARTICLE 9 – PRICE
44. During the period of validity 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.
45. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This binding to fluctuations and the fact that any stated prices are target prices shall be mentioned with the offer.
46. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
47. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
• they are the result of legal regulations or provisions; or
• the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
48. The prices mentioned in the offer of products or services include VAT.
49. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to supply the product at the incorrect price.
50. Special additional customs clearance costs and/or import duties are not included in the price and are for the account of the customer.
ARTICLE 10 – WARRANTY AND CONFORMITY
51. 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 uses other than normal use.
52. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims the consumer may have against the entrepreneur under the agreement. This includes any obligation of the entrepreneur, his supplier, importer or producer, under which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to perform his part of the agreement.
53. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must take place in the original packaging and in new condition.
54. The warranty does not apply if:
• The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
• The unsoundness is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
55. Hygiene products cannot be returned and refunded, especially not with the current COVID-19 measures. A list of hygiene products that cannot be returned and refunded (the list is not exhaustive): underwear, bikinis, makeup, hair styling products, beauty products, etc.
ARTICLE 11 – DELIVERY AND PERFORMANCE
56. The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
57. The address provided by the consumer to the company shall be considered as the place of delivery.
58. With due observance of what is stated about this in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be notified no later than 30 days after placing the order. The consumer has in that case the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
59. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
60. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
61. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a substitute item. At the latest upon delivery, it will be clearly and comprehensibly reported that a substitute item is being delivered. With substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
62. 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 – CONTINUING PERFORMANCE CONTRACTS: DURATION, CANCELLATION AND EXTENSION
Cancellation
63. The consumer may cancel an agreement entered into for an indefinite period of time, and that relates to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
64. The consumer may cancel an agreement entered into for a definite period, and that relates to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period, with due observance of the agreed cancellation rules and a notice period of no more than one month.
65. The consumer may cancel the agreements mentioned in the previous paragraphs:
• At any time and not be limited to cancellation at a specific time or in a specific period;
• At least cancel in the same manner as they were entered into by him;
• always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
66. An agreement entered into for a definite period and that relates to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
67. Notwithstanding the previous paragraph, an agreement entered into for a definite period and that relates 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, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month.
68. An agreement entered into for a definite period and that relates to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement relates to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
69. An agreement of limited duration for the regular introductory delivery of daily, news and weekly newspapers, magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.
Duration
70. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after a year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
ARTICLE 13 – PAYMENT
71. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the commencement of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
72. The consumer has the duty to promptly notify the entrepreneur of any inaccuracies in payment details provided or stated.
73. In the case of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs previously made known to the consumer.
74. The consumer can make the payment with the following payment methods: iDeal, Bancontact, Klarna, KBC/CBC, Belfius Direct Net and Credit Card (AMEX, Mastercard, Maestro and Visa).
ARTICLE 14 – COMPLAINTS PROCEDURE
75. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
76. Complaints about the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within a reasonable time after the consumer has detected the defects.
77. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
78. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
ARTICLE 15 – DISPUTES
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
MODEL WITHDRAWAL FORM
Complete and return this form only if you wish to withdraw from the agreement
— To:
Company name
Address
Postal code
Telephone number
— I/We (*) hereby notify (*) you that I/we (*) withdraw from our contract for the sale of the following goods/provision of the following service (*):
— Ordered on (DD-MM-YYYY):
— Order number:
— Received on (DD-MM-YYYY):
— Name(s) of consumer(s):
— Address of consumer(s):
— IBAN Account number:
— Signature of consumer(s) (only when this form is submitted on paper):
— Date (DD-MM-YYYY):
(*) Delete as appropriate.