GENERAL CONDITIONS

"Terms and Conditions"

This website is operated by Loravelle. Throughout the site, the terms “we,” “us,” “our,” and “business” refer to Loravelle. Loravelle offers this website, including all information, tools, and services available on this site, to you, the user, provided that you agree to all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you agree to our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and conditions and policies referenced herein and/or available via a hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before visiting or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store are also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you declare that you are at least the age of majority in the state or province where you reside, or that you are of legal age in the state or province where you reside and that you have given us your consent to allow all your minor family members to use this site.

You may not use our products for illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction while using the Service (including but not limited to copyright laws).

You may not transmit any worms, viruses, or any destructive code. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone at any time for any reason.

You understand that your content (excluding credit card information) may be transferred unencrypted and (a) may involve transfers across different networks; and (b) may be altered to comply with and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission across networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included solely for convenience and will not limit or otherwise affect these Terms.

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 is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.

Day: 27-04-2024

Duration transaction: a distance contract concerning a series of products and/or services, where the delivery and/or collection obligation is spread over time.

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

Right of withdrawal: the ability for the consumer to cancel the distance contract within the cooling-off period.

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.

Distance contract: a contract concluded as part of a system organized by the entrepreneur for the remote sale of products and/or services, where the contract is concluded exclusively using one or more remote communication techniques.

Remote communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur being present in the same place simultaneously.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

 

ARTICLE 2 - 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 that the general terms and conditions can be reviewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium before the distance contract is concluded. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.

In cases where, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting terms.

If one or more provisions in these general terms and conditions are, at any time, wholly or partially invalid or annulled, the contract and these terms and conditions will remain in force for the remainder, and the invalid provision will be promptly replaced by a provision that closely approximates the intent of the original as much as possible through mutual agreement.

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

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained in accordance with 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 is entitled to change and adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation 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 basis for compensation or termination of the contract. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer includes information such that the consumer is clearly aware of the rights and obligations associated with accepting the offer. This particularly concerns:

the price, excluding clearance costs and import VAT. These additional costs will be at the customer’s expense and risk. The postal and/or courier service will use the special scheme for postal and courier services concerning imports. This scheme applies when goods are imported into the EU destination country, which is the case here. The postal and/or courier service will collect the VAT (possibly along with the clearance costs charged) from the recipient of the goods.

the potential shipping costs;

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

whether or not the right of withdrawal applies;

the method of payment, delivery, and execution of the contract;

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

the rate for remote communication if the costs for using the remote communication technique are based on a different basis than the standard rate for the communication medium used;

whether the contract is archived after it is concluded, and if so, how the consumer can consult it;

the way in which the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding the contract;

any other languages in which the contract can be concluded, in addition to Dutch;

the codes of conduct to which the entrepreneur has adhered and how the consumer can consult these codes of conduct electronically;

the minimum duration of the distance contract in the case of a duration transaction.

Optional: available sizes, colors, types of materials.

 

ARTICLE 5 - THE CONTRACT

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract 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 take appropriate security measures.

The entrepreneur may, within legal limits, inform themselves about whether the consumer can meet their payment obligations, as well as about any facts and factors relevant to 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 reasonably refuse an order or request or attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information, either in writing or in such a way that it can be easily stored by the consumer on a durable medium:

1. the address of the entrepreneur's establishment where the consumer can submit complaints;
2. 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;
3. information about warranties and existing after-sales service;
4. the details included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
5. the requirements for terminating the contract if the contract 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 contract is concluded under the suspensive condition of sufficient availability of the relevant products.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option to terminate the contract without providing any reasons within 14 days. This cooling-off period starts the day after the consumer or a representative designated and notified to the entrepreneur by the consumer receives the product.

During the cooling-off period, the consumer must handle the product and packaging with care. They may unpack or use the product only to the extent necessary to assess whether they want to keep it. If the consumer exercises their right of withdrawal, they must return the product with all supplied 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 must notify the entrepreneur within 14 days after receiving the product. This notification must be made via a written message/email. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the delivered goods have been returned on time, for example, by providing proof of shipment.

If the customer does not notify the entrepreneur of their intention to exercise the right of withdrawal within the timeframes mentioned in paragraphs 2 and 3, or if the product is not returned to the entrepreneur, the purchase is final.

ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL

If the consumer exercises their right of withdrawal, the costs for returning the products will be 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. However, this is on the condition that the product has already been received by the online retailer or that conclusive proof of the complete return can be provided.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the contract.

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

1. that have been made by the entrepreneur according to the consumer's specifications;
2. that are clearly of a personal nature;
3. that by their nature cannot be returned;
4. that are prone to rapid deterioration or aging;
5. whose price is dependent on fluctuations in the financial market which the entrepreneur cannot control;
6. for single newspapers and magazines;
7. for audio and video recordings and computer software if the consumer has broken the seal;
8. for hygienic products if the consumer has broken the seal.

 

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

1. Relating to accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
2. The delivery of which began with the express consent of the consumer before the expiration of the cooling-off period;
3. Concerning betting and lotteries.
   
   

ARTICLE 9 - THE PRICE

I reserve the right to change the prices of the offered products and/or services during the validity period stated in the offer, including as a result of changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices, where the prices are dependent on fluctuations in the financial market that the entrepreneur cannot control. This dependency on fluctuations and the fact that any listed prices are indicative will be 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 after 3 months from the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

1. they are a result of legal regulations or provisions; or
2. the consumer has the right to terminate the contract as of the day the price increase takes effect.

The place of delivery, according to Article 5, paragraph 1, of the Dutch Value Added Tax Act 1968, is in the country where the transportation begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT or customs clearance fees from the recipient. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typesetting errors. The entrepreneur accepts no liability for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

ARTICLE 10 - CONFORMITY AND WARRANTY

The entrepreneur ensures that the products and/or services meet 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 upon, the entrepreneur also ensures that the product is suitable for use 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 14 days of delivery. The return of products must be made in the original packaging and in a new condition.

The entrepreneur's warranty period aligns with the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual use 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 has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions from the entrepreneur and/or the instructions on the packaging.

The warranty does not apply if the defect, in whole or in part, is the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - DELIVERY AND EXECUTION

The company will take the greatest possible care when receiving and executing orders for products.

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

Subject to 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 consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be 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 representative previously designated and disclosed to the entrepreneur, unless otherwise expressly agreed.

Article 12 - DURATION TRANSACTIONS: DURATION, TERMINATION AND RENEWAL

 

Termination

The consumer may terminate an open-ended contract that has been concluded for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

terminate them at any time and not be limited to termination at a specific time or period;

at least terminate them in the same way as they were entered into by him;

always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.

A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - PAYMENT

Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

Article 14 - COMPLAINTS PROCEDURE

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days, after the consumer has identified 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

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

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - DISPUTES

On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad.

ARTICLE 16 - PERSONAL INFORMATION

Your submission of personal information through the store is subject to our Privacy Policy. To view our Privacy Policy.

ARTICLE 17 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on any related website is inaccurate at any time and without notice (including after you have placed your order).

We have no obligation to update, modify or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or renewal date may be applied in the Service or on any related website to indicate that any information in the Service or on any related website has been changed or updated.

ARTICLE 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 19 - CAESOP

Due to the measures introduced and tightened as of 2024 regarding the “Amendment to the Turnover Tax Act 1968 (Payment Service Providers Directive Implementation Act)” and thus the implementation of Central Electronic System of Payment Information (CESOP), payment service providers will possibly register data in the European CESOP system.