BUSINESS STRUCTURE
The offer of movable goods on the website is not sold by the website operator, but by the seller. A contract is therefore concluded between the buyer and seller when movable goods are purchased. The website operator itself is therefore not a party to this sales contract. The general terms and conditions applicable between the seller and the buyer are included in this document for the sake of simplicity. Note: These terms and conditions are between the buyer and the seller and are therefore not enforceable against the website owner.
If the seller is based in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:
- The seller must provide the buyer with information about taxes, payment, delivery and fulfilment of the contract clearly and in writing.
- The buyer must receive the order within 30 days, unless a different period has been agreed with the seller. If the movable item in question is not or no longer available, the seller will inform the buyer of this. Payments made will be refunded within thirty days, unless the seller supplies a similar item.
- The buyer has a right of cancellation, which means that the buyer can cancel the purchase for at least fourteen days without giving reasons. Any shipping costs incurred shall be borne by the buyer. Payments made will be refunded within thirty days.
ARTICLE 1 - DEFINITIONS
The following terms are used in these Terms and Conditions:
Website: available platform accessible via [website], including all associated subdomains.
Website owner: the company [company name], located at [street] in [city] and registered with the Chamber of Commerce under the number [business number].
Buyer: the person making a purchase on the aforementioned website.
Seller: a company that sells movable goods to the Buyer either as a producer or as a trader.
ARTICLE 2 - RIGHTS OF THE BUYER
If the seller is based in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This Directive includes the following rights and guarantees:
The seller must provide the buyer with information about taxes, payment, delivery and fulfilment of the contract clearly and in writing.
The buyer must receive the order within 30 days, unless a different period has been agreed with the seller. If the movable item in question is not or no longer available, the seller will inform the buyer of this. Payments made will be refunded within thirty days, unless the seller supplies a similar item.
The buyer has a right of cancellation, which means that the buyer can cancel the purchase for at least fourteen days without giving any reason. Any shipping costs incurred shall be borne by the buyer. Payments made must be refunded within thirty days.
ARTICLE 3 - NATURE OF THE MEDIATION SERVICE
The offer of movable goods on the website is not sold by the website operator, but by the seller. The purchase of movable property is therefore the subject of a contract between the buyer and the seller. The website operator itself is not a party to this sales contract.
Certain movable items are purchased from third parties via the website, regardless of whether they are located in the European Union or not.
The Website Operator's service is an intermediary service provided to a third party. When ordering goods via the Website, the Website Owner is authorised to act as an intermediary in the name and on behalf of the Buyer and to order the goods from the actual seller of the goods in question.
If the actual seller is based outside the Netherlands and the movable item in question must therefore be imported, this will be done on behalf of the buyer. Additional costs, such as import turnover tax and (customs) clearance fees, shall be borne by the Buyer.
ARTICLE 4 - PAYMENT Payment for the purchased product is processed by the website operator. The website operator also takes care of the (return) payment to the actual seller.
It is possible that the prices stated on the website differ from the amounts paid by the website operator to the actual seller. It is possible that the seller is given the opportunity to buy the product for a lower amount after it has been purchased by the buyer. The difference between the amount paid by the buyer and the amount paid to the seller is considered as compensation for the intermediary service provided by the website owner to the third party.
ARTICLE 5 - COMPLAINTS PROCEDURE
If the buyer is dissatisfied with the way in which the (brokerage) agreement has been carried out, he can report this to the website owner via the contact details mentioned on the website. Every report by the Buyer will be processed by Websitehouder with the utmost care and as quickly as possible. The Website Owner will provide the Buyer with a substantive response no later than fourteen days after receipt of the report.
In the event of dissatisfaction with the procedure referred to in paragraph 1 of this article, the Buyer may contact the Disputes Committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).
General terms and conditions
CONTENTS:
Artikel 1 - Definitionen
Artikel 2 - Identität des Unternehmers
Artikel 3 - Anwendbarkeit
Artikel 4 - Das Angebot
Artikel 5 - Der Vertrag
Artikel 6 - Recht auf Widerruf
Artikel 7 - Kosten im Falle eines Rücktritts
Artikel 8 - Ausschluss des Widerrufsrechtes
Artikel 9 - Der Preis
Artikel 10 - Einhaltung und Garantie
Artikel 11 - Lieferung und Ausführung
Artikel 12 - Laufzeitgeschäfte: Dauer, Kündigung und Verlängerung
Artikel 13 - Bezahlung
Artikel 14 - Reklamationen
Artikel 15 - Streitigkeiten
Artikel 16 - Zusätzliche oder abweichende Bestimmungen
ARTICLE 1 - DEFINITIONS
In these conditions the following terms are defined:
Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession, trade or craft and who concludes an agreement with the entrepreneur;
Day: calendar day;
Digital content: Data that is produced and delivered in digital form;
Duration transaction: an agreement that relates to a series of products and / or services whose delivery and / or purchase obligation is spread over time;
Durable data carrier: any (auxiliary) means that enables the consumer or entrepreneur to store information that is addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible, including e-mail.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period; model form: the withdrawal form that is made available to the consumer by the entrepreneur and that the consumer can fill in if he wishes to make use of his right of withdrawal;
Entrepreneur: the natural or legal person who offers products and / or (access to) digital content and / or services at a distance to consumers;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and / or services, one or more techniques are exclusively used for distance communication with the consumer until the conclusion of the agreement
Technik für die Fernkommunikation: Mittel, die für den Abschluss eines Fernvertrags genutzt werden können, ohne dass sich Verbraucher und Unternehmer gleichzeitig im selben Raum befinden
Allgemeine Geschäftsbedingungen: die vorliegenden Allgemeinen Geschäftsbedingungen des Unternehmers.
ARTIKEL 2 - IDENTITÄT DES UNTERNEHMERS
[EcoVersa]
Hauptsitz: [Netherlands]
[info@lumara.uk]
[82787840]
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, the entrepreneur will indicate before the distance contract is concluded that the general terms and conditions are available for inspection, how they can be consulted and that these general terms and conditions will be sent to the consumer free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer in electronic form before the distance contract is concluded in such a way that the consumer can easily store them on a durable data carrier, contrary to the previous paragraph. If this is not 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 to the consumer free of charge at his request, either electronically or in another way. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer shall always invoke the applicable provision that is most favourable to him. In the event that one or more provisions of these general terms and conditions are declared null and void at any time or are declared null and void in whole or in part, these general terms and conditions shall otherwise remain in force and the null and void or nullified provision in question shall be replaced immediately by mutual agreement by a provision that comes as close as possible to the meaning of the original. Situations that are not covered by these General Terms and Conditions must be assessed on the basis of these General Terms and Conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted in accordance with these General Terms and Conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made under conditions with suspensive or resolutive effect or any other condition, this will be explicitly stated in the offer. The entrepreneur's offer is without obligation. The entrepreneur has the right to change and adapt the offer. The entrepreneur's offer contains a description of the products and/or services offered that is complete and correct at all times. The offer contains a sufficiently detailed description to enable the consumer to properly assess the offer. If the entrepreneur uses any images that imply that these images show the product offered, then these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer cannot bind the entrepreneur. The images of the products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colours shown correspond exactly with the actual colours of the products. Each offer contains such information,that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular in particular: the price including taxes; the possible costs for shipping; the way in which the agreement is concluded and what actions are necessary for this; whether or not the rate for distance communication is calculated on a basis other than the regular basic rate for the means of communication used; whether the contract is archived after its conclusion and, if so, how it can be viewed by the consumer The minimum duration of the distance contract in the case of an extended transaction. The application of the right of withdrawal; The method of payment, delivery and fulfilment of the contract;
ARTICLE 5 - THE CONTRACT
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and the conditions for this are met. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and he will ensure a secure web environment. If the consumer has the option of paying electronically, the entrepreneur will take appropriate security measures. The entrepreneur may, within the legal limits, inform himself about the consumer's ability to meet his payment obligations and about all those facts and factors that are important for a responsible conclusion of the distance contract. If, as a result of this examination, the entrepreneur has good reason not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution. The entrepreneur will provide the consumer with the following information at the latest upon delivery of the product, service or digital content: The costs of delivery, if applicable; the method of payment, delivery or performance of the distance contract; the conditions for terminating the contract if the contract has a duration of more than one year or is indefinite; if the consumer has a right of withdrawal, the model form for withdrawal. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Upon delivery of products: When purchasing products, the consumer has the option to dissolve the contract for 14 days without giving any reason. This withdrawal period begins on the day after receipt of the product by the consumer or a representative previously designated by the consumer and the entrepreneur. If: the consumer has ordered several products in the same order, the withdrawal period begins on the day on which the consumer or a third party designated by him received the last product. The entrepreneur may, provided that he has clearly informed the consumer of this before the ordering process, refuse an order for several products with a different delivery time. If the delivery of a product consists of several shipments or parts, the withdrawal period begins on the day on which the consumer or a third party designated by him received the last shipment or part; if the agreement extends to the regular delivery of products over a certain period of time, the withdrawal period begins on the day on which the consumer or a third party designated by him received the first product. In the case of services and digital content not supplied on a tangible medium: In the case of a service contract or a contract for the supply of digital content not supplied on a tangible medium, the consumer may withdraw from the contract within fourteen days without giving any reason. These fourteen days start on the day following the conclusion of the contract. Extended cooling-off period for products, services and digital content not supplied on a tangible medium if no instruction on the right of withdrawal is given: If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the start of the original cooling-off period, the cooling-off period will expire fourteen days after the day on which the consumer received this information. 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 supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days of receiving the product. The consumer must make this known by means of the model form. After the consumer has made his intention to exercise his right of withdrawal known, the customer must return the product within 14 days. The consumer must prove the timely return of the delivered goods, for example by providing proof of dispatch.
ARTICLE 7 - COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL
When exercising the right of withdrawal, the consumer only has to bear the costs of returning the goods. The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, using the same method used by the consumer. Return by the entrepreneur or conclusive proof of complete return is hereby required. Any depreciation of the product caused by careless handling will be charged to the consumer. This cannot be claimed if the entrepreneur has not provided all legally required information on the right of withdrawal. This should be done before the conclusion of the purchase agreement.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
An exclusion of the right of withdrawal is only possible if the trader has made this clear when making the offer or at least in good time before the conclusion of the contract and if it concerns one of the products listed in paragraphs 2 and 3. An exclusion is only possible for the following products: which were created by the trader according to the consumer's specifications; which are clearly personal in nature; which spoil or age quickly; whose price depends on 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 whose seal has been broken by the consumer; for hygiene products for which the consumer has broken the seal. An exclusion is only possible for the following services: relating to accommodation, transport, restaurant operations or leisure activities to be carried out on a specific date or during a specific period; of which the delivery has started with the express consent of the consumer before the end of the cooling-off period; on bets and lotteries
ARTICLE 9 - PRICE
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
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 link with fluctuations and the fact that the prices mentioned are guide prices will be mentioned 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 from 3 months after the conclusion of the contract are only permitted if the entrepreneur has prescribed them and:
1. they are based on legal regulations or provisions; or
2. the consumer has the right to terminate the contract on the day on which the
price increase takes effect.
Delivery takes place in the country where the delivery takes place in the country where the transport begins. In this case, this delivery takes place outside the EU. After that, the postal or courier service will collect the import VAT or handling fees from the customer. Consequently, no VAT will be charged by the entrepreneur.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing errors, the company is not obliged to deliver the product at the incorrect price.
ARTICLE 10 - WARRANTY AND CONFORMITY
The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement. This includes any promise by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to fulfill his part of the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The return of the products must be made in the original packaging and in new condition. The guarantee does not apply if: The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging; The defectiveness is wholly or partly the result of government regulations that have been or will be imposed on the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND EXECUTION
The entrepreneur will exercise the greatest possible care when accepting and executing orders for 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 company. Subject to what is stated in paragraph 4 of this article, the company will accept orders promptly, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed, or an order is not or only partially executed, the consumer will receive it no later than 30 days after the order was placed. In that case, the consumer has the right to terminate the agreement without penalty. The consumer is not entitled to compensation. All delivery times are indicative. The consumer cannot derive any rights from any delivery dates stated. Exceeding a deadline does not entitle the consumer to compensation. Im Falle einer Auflösung gemäß Absatz 3 dieses Artikels erstattet der Betreiber den vom Verbraucher gezahlten Betrag so schnell wie möglich, mindestens aber innerhalb von 14 Tagen nach der Auflösung. Sollte sich die Lieferung eines bestellten Produktes als unmöglich erweisen, wird sich der Unternehmer um einen Ersatzartikel bemühen. Spätestens bei der Lieferung wird deutlich und nachvollziehbar mitgeteilt, dass ein Ersatzartikel geliefert wird. Bei Ersatzartikeln kann das Widerrufsrecht nicht ausgeschlossen werden. Die Kosten der Rücksendung gehen zu Lasten des Unternehmers. Das Risiko der Beschädigung und/oder des Verlusts von Produkten liegt beim Unternehmer bis zum Zeitpunkt der Übergabe an den Verbraucher oder einen zuvor benannten und dem Vertreter des Unternehmers mitgeteilten Vertreter, sofern nicht ausdrücklich etwas anderes vereinbart wurde.
ARTICLE 12 - TERM TRANSACTIONS: TERM, TERMINATION AND RENEWAL
Termination The consumer has the right at any time to terminate a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a maximum notice period of one month. The consumer has the right at any time to terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period not exceeding one month, to the end of the term. The consumer can conclude the agreements referred to in the previous paragraphs: terminate at any time and not be limited to termination at a specific time or during a specific period; terminate them at least as they were concluded by him; always terminate with the same notice period that the entrepreneur has set for himself. Extension A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a specific period. Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for a maximum of three months if the consumer has the right to terminate the extended contract before the end of the extension period with a notice period of no more than one month. A fixed-term contract concluded for the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer has the right to terminate at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract concerns the regular delivery of daily or weekly newspapers or magazines, but less than once a month. A fixed-term contract for the regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate upon expiry of the trial or introductory period. Duration If a contract lasts longer than one year, the consumer can terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and equity preclude termination before the end of the agreed term.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, the amounts to be paid by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement. The consumer has the obligation to immediately report any inaccuracies in the data provided or the stated payment to the operator. In the event of non-payment by the consumer and subject to legal restrictions, the entrepreneur is entitled to charge the consumer all previously determined reasonable costs.
ARTICLE 14 - COMPLAINTS PROCEDURE
The entrepreneur must have a sufficiently publicised complaints procedure and must handle the complaint in accordance with this complaints procedure. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable period of time after the consumer has discovered the defects, fully and clearly described. Complaints submitted to the entrepreneur will be answered within 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 acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved amicably, it becomes a dispute that is subject to the dispute settlement procedure.
ARTICLE 15 - DISPUTES
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
ARTICLE 16 - ADDITIONAL OR DEVIATIONS Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can keep them accessible on a durable medium.
ARTICLE 17 - CLOTHING AND FOOTWEAR
Unfortunately, we do not take back clothing and shoes as this has a devastating impact on our environment. In case your garment does not fit, we will give you a 30% coupon to order a better size. We recommend gifting the original garment to a friend to avoid waste. Here are some facts why we made this decision: - In 2018, according to the Environmental Protection Agency, 17 million tons of textile waste ended up in landfills, accounting for 5.8 percent of all waste generated that year. - According to the World Resources Institute, it takes 2,700 liters of water to produce a cotton shirt. - Textiles can take up to 200+ years to decompose in landfills. Since our products are shipped directly from the manufacturer, we are already making a big contribution to protecting the environment. Accepting returns and the associated wasted clothing and additional emissions due to logistics would not align with our mission: a better world.