GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
Reflection period : the period within which the consumer can make use of his
right of withdrawal;
Consumer : the natural person who does not act in the exercise of a profession or
company and enters into a distance contract with the entrepreneur;
Day : calendar day;
Duration transaction : a distance contract relating to a series of
products and/or services, the delivery and/or purchase obligation of which is in time
spread out;
Durable medium : any instrument which enables the consumer or entrepreneur
sets out to store information addressed personally to him in a manner that
future consultation and unaltered reproduction of the stored information
makes possible.
Right of withdrawal : the possibility for the consumer to cancel the purchase within the cooling-off period
to view the distance contract;
Entrepreneur : the natural or legal person who offers products and/or services on
offers distance to consumers;
Distance contract : an agreement concluded between the consumer and the consumer within the framework of a distance contract concluded between the consumer and the consumer
entrepreneur organized system for distance selling of products and/or
services, up to and including the conclusion of the agreement, exclusively used
is one or more remote communication techniques;
Distance communication technology: means that can be used for the
concluding an agreement, without the consumer and entrepreneur being present at the same time
have come together in the same space.
General Terms and Conditions : these General Terms and Conditions of the
entrepreneur.
Article 2 – Applicability
These general terms and conditions apply to every offer from the entrepreneur
and on every distance contract and orders concluded between
entrepreneur and consumer.
Before the distance contract is concluded, the text of this
general terms and conditions made available to the consumer. If this
is not reasonably possible, before the distance contract is concluded
closed, it is indicated that the general terms and conditions are with the entrepreneur
to view and, at the consumer's request, to provide them free of charge as soon as possible
sent.
If the distance contract is concluded electronically, in deviation from
the previous paragraph and before the distance contract is concluded, the text of
these general terms and conditions to the consumer electronically
be made available in such a way that it can be used by the consumer
can be stored in a simple manner on a durable data carrier.
If this is not reasonably possible, the distance contract will be concluded
is closed, it is indicated where the general terms and conditions apply
can be consulted electronically and that it can be made available upon request
will be provided to the consumer free of charge by electronic means or otherwise
sent.
In the event that, in addition to these general terms and conditions, specific product or
service conditions apply, the second and third paragraphs of
corresponding application and the consumer can, in the event of conflicting
general terms and conditions always rely on the applicable provision that applies to him
is most beneficial.
If one or more provisions in these general terms and conditions are amended at any time
are null and void or annulled in whole or in part, the agreement and
these terms and conditions will remain in force for the rest and the relevant provision will
mutual consultation shall be replaced without delay by a provision that the scope
as close to the original as possible.
Situations not covered by these general terms and conditions must be
assessed 'in the spirit' of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our
conditions, shall be interpreted 'in the spirit' of these general terms and conditions
terms and conditions.
Article 3 – The offer
If an offer has a limited period of validity or is subject to conditions
If this occurs, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change the offer and
to adjust.
The offer contains a complete and accurate description of the offered
products and/or services. The description is detailed enough to provide a good
to enable the consumer to assess the offer. If the
If the entrepreneur uses images, are these a true representation?
display of the products and/or services offered. Obvious errors or
Obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and may
not give rise to compensation or termination of the agreement.
Images of products are a true representation of the
products offered. The entrepreneur cannot guarantee that the products shown
colours exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what the offer entails.
rights and obligations that are attached to the acceptance of the offer
connected. This concerns in particular:
the price, excluding customs clearance costs and import VAT. This additional
costs will be at the customer's expense and risk. The postal and/or courier service
will use the special arrangement for postal and courier services with regard to imports. This arrangement applies if the goods are imported into the
EU country of destination, which is also the case in this case. The postal and/or
courier service collects VAT (whether or not together with the invoiced amount)
customs clearance charges) to the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and which actions
are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer, or the period within which the
entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of the
use of remote communication technology will be calculated on a
other basis than the regular basic rate for the used
means of communication;
whether the agreement is archived after it has been concluded, and if so, in what way
how the consumer can consult this;
the way in which the consumer, before concluding the agreement,
can check the information provided to him in the context of the agreement and
restore if desired;
any other languages in which the agreement may be concluded, in addition to Dutch
to be closed;
the codes of conduct to which the entrepreneur has submitted and the manner
where the consumer can consult these codes of conduct electronically;
and
the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colours, type of materials.
Article 4 – The Agreement
Subject to the provisions of paragraph 4, the agreement shall be concluded on the
moment of acceptance of the offer by the consumer and compliance with the
conditions set therein.
If the consumer has accepted the offer electronically,
the entrepreneur immediately confirms receipt of acceptance electronically
of the offer. As long as the receipt of this acceptance has not been confirmed by the
If the entrepreneur has confirmed the agreement, the consumer can cancel it.
If the agreement is concluded electronically, the entrepreneur will make appropriate arrangements
technical and organizational measures to secure the electronic
transfer of data and ensures a secure web environment. If the consumer
If the entrepreneur can pay electronically, he will have to make appropriate arrangements
observe safety precautions.
The entrepreneur can – within legal frameworks – find out whether the
consumer can meet his payment obligations, as well as all those facts and
factors that are important for responsibly entering into the agreement on
distance. If the entrepreneur has good reasons based on this investigation to
not to enter into the agreement, he is entitled to give reasons for placing an order or
to refuse an application or to attach special conditions to the implementation.
The entrepreneur will provide the consumer with the following when delivering the product or service:
information, in writing or in such a way that it can be used by the consumer
accessible manner can be stored on a durable data carrier,
send along:
1. the visiting address of the establishment of the entrepreneur where the consumer
can submit complaints;
2. the conditions under which and the manner in which the consumer can
can exercise the right of withdrawal, or a clear statement regarding
the exclusion of the right of withdrawal;
3. the information about guarantees and existing after-sales service;
4. the data included in Article 4 paragraph 3 of these terms and conditions, unless the
the entrepreneur has already provided this information to the consumer before the
performance of the agreement;
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 long-term transaction, the provision in the previous paragraph only applies
applicable to the first delivery.
Each agreement is entered into subject to the conditions precedent of
sufficient availability of the products concerned.
Article 5 – Right of withdrawal
When purchasing products, the consumer has the option to cancel the agreement
to cancel without giving any reason within 14 days. This cooling-off period
commences on the day after the consumer receives the product or a prior notice
designated by the consumer and made known to the entrepreneur
representative.
During the cooling-off period, the consumer will handle the product and the
packaging. He will only unpack or use the product to the extent
that is necessary to assess whether he wishes to keep the product. If
If he exercises his right of withdrawal, he will return the product with all delivered
accessories and – if reasonably possible – in the original condition and packaging
return to the entrepreneur, in accordance with the instructions provided by the entrepreneur
reasonable and clear instructions.
If the consumer wishes to exercise his right of withdrawal, he is
obliged to make this known within 14 days after receipt of the product
the entrepreneur. The consumer must make this known by means of a
written message/email. After the consumer has indicated that he/she wishes to use
If the customer wishes to exercise his right of withdrawal, he must return the product within 14 days
to be returned. The consumer must prove that the delivered goods were received on time.
returned, for example by means of proof of shipment.
If the customer has not notified us of this after the expiry of the periods mentioned in paragraphs 2 and 3,
wish to exercise his right of withdrawal or not to purchase the product
returned to the entrepreneur, the purchase is a fact.
Article 6 – Costs in case of revocation
If the consumer exercises his right of withdrawal, the costs are for
the return of the products at the consumer's expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible
as soon as possible, but no later than 14 days after cancellation, refund.
the condition is that the product has already been received back by the online retailer
or conclusive evidence of complete return can be provided.
Article 7 – 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
only applies if the entrepreneur clearly states this in the offer, at least in good time before the
concluding the agreement, has stated.
Exclusion of the right of withdrawal is only possible for products:
1. which have been created by the entrepreneur in accordance with specifications
of the consumer;
2. that are clearly personal in nature;
3. which cannot be returned by their nature;
4. which can spoil or become obsolete quickly;
5. whose price is subject to fluctuations on the financial market
over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer
the seal has been broken.
8. for hygienic products where the consumer has broken the seal
broken.
Exclusion of the right of withdrawal is only possible for services:
1. concerning accommodation, transport, restaurant business or leisure activities
to perform on a specific date or during a specific period;
2. the delivery of which is with the express consent of the consumer
started before the cooling-off period has expired;
3. regarding betting and lotteries.
Article 8 – The price
During the validity period stated in the offer, the prices of the
products and/or services offered will not be increased, except for price changes such as
as a result of changes in VAT rates.
By way of exception to the previous paragraph, the entrepreneur may sell products or services of which the
prices are subject to fluctuations in the financial market and where the
entrepreneur has no influence on, offering variable prices. This
subject to fluctuations and the fact that any prices stated
indicative prices are stated with the offer.
Price increases within 3 months after 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 agreed to this and:
1. these are the result of statutory regulations or provisions; or
2. the consumer has the authority to cancel the agreement with
effective from the day on which the price increase takes effect.
The place of delivery is determined in accordance with Article 5, paragraph 1, of the Trade in Goods Act.
VAT 1968 takes place in the country where the transport commences. In the
In this case, this delivery takes place outside the EU. Consequently,
the postal or courier service at the customer's import VAT or customs clearance costs are charged
Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. For the consequences of
No liability is accepted for printing or typographical errors.
the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 9 – Identity of the entrepreneur
Company Name: Ecom Business Diana
Business address: Grintweg 52, 4401NG YERSEKE, Zeeland
info@dyvae.com
Chamber of Commerce number: 93502133
VAT identification number: NL005022826B34
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the
agreement, the specifications stated in the offer, meet the reasonable requirements of
soundness and/or usability and on the date of the creation of the
agreement existing legal provisions and/or government regulations. If
agreed, the entrepreneur also guarantees that the product is suitable
for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect
the statutory rights and claims that the consumer has under the
agreement can enforce against the entrepreneur.
Any defects or incorrectly delivered products must be reported within 14 days after delivery.
delivery to the entrepreneur must be reported in writing. Return of the
Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period.
However, the entrepreneur is never responsible for the final
suitability of the products for each individual application 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 edited the delivered products himself or by
has had third parties repair and/or edit it;
The delivered products have been exposed to abnormal conditions or
are otherwise treated carelessly or in conflict with the instructions of
the entrepreneur and/or on the packaging have been treated;
The defect is wholly or partly the result of regulations that the
government has made or will make any statement regarding the nature or quality of the
materials used.
Article 11 – Delivery and execution
The entrepreneur will take the greatest possible care when
receiving and executing orders for products.
The place of delivery is the address that the consumer provides to the company.
has made.
Taking into account what is stated in Article 4 of these general terms and conditions
is stated, the company will process accepted orders with due haste, but
within 30 days at the latest, unless the consumer has agreed to a
longer delivery time. If delivery is delayed, or if a
If the order cannot be fulfilled or can only be fulfilled partially, the
consumer of this no later than 30 days after placing the order.
In that case the consumer has the right to terminate the agreement without any costs.
termination and right to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the
consumer has paid as soon as possible, but no later than 14 days after
dissolution, refund.
If delivery of an ordered product proves to be impossible, the entrepreneur will
make every effort to provide a replacement item. At the latest at the
delivery will be communicated in a clear and comprehensible manner that a replacement
The right of withdrawal does not apply to replacement items.
are excluded. The costs of any return shipment are at your expense.
of 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 prior
designated representative made known to the entrepreneur, unless
unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination and extension
Cancellation
The consumer can enter into an agreement that has been concluded for an indefinite period and that
aims at the regular delivery of products (including electricity) or
services, cancel at any time, taking into account the agreed terms
cancellation rules and a notice period of no more than one month.
The consumer can conclude an agreement that has been concluded for a specific period and that
aims at the regular delivery of products (including electricity) or
services, cancel at any time at the end of the specified period with
compliance with agreed cancellation rules and a notice period
of a maximum of one month.
The consumer may, in the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time
or in a certain period;
at least cancel them in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has for himself
agreed.
Extension
An agreement entered into for a fixed period of time which aims to
regular delivery of products (including electricity) or services, may
not be tacitly extended or renewed for a fixed period.
By way of exception to the previous paragraph, an agreement concluded for a fixed period
entered into and which aims at the regular delivery of daily newspapers and weekly newspapers
and magazines are tacitly renewed for a specific period of up to
three months, if the consumer terminates this extended agreement at the end of
the extension can be cancelled with a notice period of no more than one month.
An agreement entered into for a fixed period of time which aims at regular
delivery of products or services may only be done tacitly for an indefinite period
be extended if the consumer can 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 is for the regular, but less than
once a month, delivering daily, news and weekly newspapers and magazines.
A limited-term agreement for the regular delivery of introductory items
of daily, news and weekly newspapers and magazines (trial or
introductory subscription) is not automatically continued and ends
automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may, after
one year the agreement at any time with a notice period of no more than one
month, unless reasonableness and fairness oppose termination before the
postpone the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the consumer must
Amounts due must be paid within 7 working days after the commencement of
the cooling-off period as referred to in Article 6 paragraph 1. In the event of an agreement to the
providing a service, this period commences after the consumer has received confirmation
received from the agreement.
The consumer has the duty to correct any inaccuracies in information provided or stated
to report payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has, subject to
legal restrictions, the right to make the consumer aware of the terms and conditions in advance
to charge reasonable costs.
Article 14 – Complaints procedure
Complaints about the performance of the agreement must be submitted in full within 7 days.
and are submitted to the entrepreneur in a clearly described manner after the consumer
has identified the defects.
Complaints submitted to the entrepreneur will be handled within a period of 14 days
calculated from the date of receipt. If a complaint is a
foreseeably longer processing time, the entrepreneur will respond within the
within 14 days, a response will be given with a confirmation of receipt and an indication
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 dispute resolution.
A complaint does not suspend the obligations of the entrepreneur, unless the
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 this
General terms and conditions are exclusively governed by Dutch law.
applies. Even if the consumer lives abroad.
Article 16 - CESOP
Due to the measures that will be introduced and strengthened from 2024 onwards in connection
with the "Act amending the Turnover Tax Act 1968 (Act implementing the
Payment Services Directive" and thus the implementation of the central
Electronic Payment Information System (CESOP), can
payment service providers register data in the European CESOP system.