Termini e condizioni generali

Termini e condizioni generali

Please note that this information may be updated from date to date, and no rights can be derived from it: Last updated on 07-01-2024

https://www.concept-aventuro.com

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Reflection Period: the period during which the consumer can exercise their right of withdrawal.

  • Consumer: the natural person who does not act in the course of a profession or business and who enters into a distance selling agreement with the entrepreneur.

  • Day: calendar day.

  • Duration Transaction: a distance selling agreement concerning a range of products and/or services, the delivery and/or purchase obligation of which is spread over time.

  • Durable Medium: any means that enables the consumer or the entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

  • Right of Withdrawal: the consumer's option to waive the distance selling agreement within the reflection period.

  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

  • Distance Selling Agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, exclusively one or more techniques for remote communication are used up to and including the conclusion of the agreement.

  • Technique for Remote Communication: means that can be used to conclude an agreement without the consumer and the entrepreneur being present in the same room at the same time.

  • General Terms and Conditions: the current general terms and conditions of the entrepreneur.

Article 2 - Entrepreneur's Identity

  • Trade Name: E-commerce L.R
  • Email Address: Info@concept.aventuro
  • Chamber of Commerce Number: 85263494
  • Phone Number: +31858883033
  • VAT Number: NL004072511B88
  • Address: Paxtonstraat 3N Zwolle, 8013 RP (no visit or return address)

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Article 3 - Applicability

These general terms and conditions apply to any offer from the entrepreneur and to any distance contract and orders concluded between the entrepreneur and consumers.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible before the distance agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises, and they will be sent to the consumer free of charge as soon as possible upon request.

If the distance selling agreement is concluded electronically, regardless of the previous paragraph, and before the distance selling agreement 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, it will be indicated, before the distance selling agreement is concluded, where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

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

If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will be replaced immediately by a provision that is as close as possible to the purpose of the original.

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

Uncertainty about the interpretation or content of one or more provisions of our terms and conditions shall 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 change and adjust the offer.

The offer includes a complete and accurate description of the products and/or services. The description is sufficiently detailed to enable a correct assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes 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 accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.

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

  • the price, excluding customs clearance costs and import VAT. These extra costs will be borne by the customer and at their risk. The postal and/or courier service will apply the special arrangement for postal and courier services regarding imports. This arrangement applies if the goods are imported into the destination country in the EU, which is the case here. The postal and/or courier service charges VAT (whether together with the customs fee or not) from the recipient of the goods;

  • any shipping costs;

  • the manner in which the contract will be concluded, and what actions are required for this purpose;

  • whether the right of withdrawal applies or not;

  • the method of payment, delivery, and fulfillment of the agreement;

  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

  • the level of the rate for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the standard basic rate for the communication means used;

  • whether the agreement is archived after its conclusion, and if so, how the consumer can access it;

  • the manner in which the consumer can check and if desired correct the data they have provided under the agreement before the agreement is concluded;

  • any other languages than Dutch in which the agreement can be concluded;

  • the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically, and

  • the minimum duration of the distance selling agreement in the case of a duration transaction. Optionally: available sizes, colors, material type.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement comes into effect at the moment the consumer accepts the offer and fulfills the conditions set out therein.

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 shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall comply with appropriate security measures.

The entrepreneur may - within legal limits - inform themselves about whether the consumer can fulfill their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they have the right to refuse an order or application or to attach special conditions to the implementation, while providing reasons.

The entrepreneur will include 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 medium:

  1. the visiting address of the entrepreneur's business where the consumer can go with complaints;

  2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear notice of exclusion of the right of withdrawal;

  3. information about guarantees and existing after-sales service;

  4. the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the agreement is executed;

  5. the requirements for terminating the agreement, if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a duration 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 within a period of 14 days. This withdrawal period begins the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur.

During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in its original condition and packaging in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must indicate this with a written notice/email. Once the consumer has notified that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by using a proof of dispatch.

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

Article 7 - Costs in the Case of Withdrawal

If the consumer withdraws from the agreement, the consumer will bear the costs of returning the goods.

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 day of withdrawal. This will be done using the same payment method used by the consumer unless the consumer agrees to a different method. The refund is free of charge for the consumer.

Article 8 - Exclusion of Right of Withdrawal

The entrepreneur can exclude the right of withdrawal of the consumer for the following products and services:

  1. Products manufactured according to specifications of the consumer, for example, customized products.

  2. Products that spoil or age quickly.

  3. Sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery.

  4. Products that are inseparably mixed with other products after delivery.

Article 9 - Price

During the validity period indicated 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.

By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur has no influence over, at variable prices. The offer will state that these prices are subject to fluctuations and that the prices mentioned are target prices.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • these are the result of statutory regulations or provisions; or

  • the consumer has the right to cancel the agreement on the day the price increase takes effect.

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

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability, and the statutory provisions in effect on the date the agreement is concluded.

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.

Article 11 - Delivery and Implementation

The entrepreneur will take the utmost care when receiving and executing orders of products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the entrepreneur.

Subject to the provisions of paragraph 4, the entrepreneur will execute accepted orders promptly but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified of this no later than 30 days after they placed the order. In this case, the consumer has the right to dissolve the agreement without any costs.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible but no later than 14 days after dissolution.

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 by the consumer and made known to the entrepreneur.

Article 12 - Payment

The consumer must make payments according to the payment method stated in the order process. Payment must be made within 14 days after the order is placed if no other payment method has been agreed.

In the case of an agreement for a duration of more than one year, the consumer can only be charged the agreed price for the first year. If the consumer fails to pay on time, they will be notified and must pay within 14 days. After this period, they will be considered in default and the entrepreneur has the right to charge a statutory interest of 6% over the outstanding amount.

The consumer will be responsible for the payment of any collection costs incurred by the entrepreneur. The entrepreneur must inform the consumer about this in advance.

Article 13 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Article 14 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer, even if the consumer resides abroad.

Article 15 - Additional or Different Provisions

Additional or different provisions to 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 in an accessible manner on a durable medium.