General Terms and Conditions
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 exercise of a profession or business and who enters into a distance contract with the company.
- Day: calendar day.
- Durable data carrier: any means that enables the consumer or the company to store information addressed to them personally in a way that allows future access and unaltered reproduction of the stored information.
- Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period.
- Company: the natural or legal person who offers products and/or services remotely to consumers.
- Distance contract: an agreement concluded within a system organized for the distance sale of products and/or services, where, up to and including the conclusion of the contract, only one or more means of distance communication are used.
- Distance communication technique: a means that can be used to conclude a contract without the consumer and company being simultaneously present in the same room.
- Third country: a country outside the European Union, including China.
- General terms and conditions: the present terms and conditions of the company.
Article 2 – Identity of the company
- Name: Lovelia
- Company: JTAB E-commerce
- Website: lovelia-shop.nl
- Address: De Corridor 14j, 3621 ZB, Utrecht
- Email: support@lovelia-shop.nl
- Chamber of Commerce number: 91588960
- VAT number: NL865704958B01
- Phone number: +31 6 10497351
Article 3 – Applicability
These general terms and conditions apply to all offers from the company and to all distance contracts and orders between the company and the consumer.
Before the distance contract is concluded, the consumer will be provided with the text of these terms and conditions. If this is not reasonably possible, it will be indicated where the terms and conditions can be consulted and that they will be sent free of charge upon request.
In the case of electronic contracts, the terms and conditions will be made available digitally so that the consumer can easily store them.
If, in addition to these terms and conditions, specific product or service conditions also apply, the consumer may always invoke the most favorable provision in the event of conflicting terms.
If a provision is invalid or annulled, the remaining provisions remain in force, and the provision in question will be replaced by a provision that most closely approaches the original intent.
Article 4 – The offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated.
The offer is non-binding; the entrepreneur may change it.
The description of products and/or services is complete and accurate, with truthful images. Obvious mistakes do not bind the entrepreneur.
Each offer clearly states the rights and obligations that apply upon acceptance, such as:
- price (excluding import duties and VAT on import);
- shipping costs;
- how the agreement will be concluded;
- right of withdrawal (if applicable);
- method of payment and delivery;
- duration of the offer;
- any extra costs for special communication means;
- language of the agreement;
- codes of conduct;
- minimum duration of long-term agreements.
Article 5 – The agreement
The agreement is concluded as soon as the consumer accepts the offer and fulfills the conditions set forth.
If the consumer accepts the offer electronically, the company will immediately confirm receipt of the electronic acceptance. As long as this confirmation has not been received by the consumer, the consumer can cancel the agreement.
The company will ensure secure electronic data transmission and a secure payment environment.
The company may, within legal frameworks, gather information about the consumer's ability to meet their payment obligations. If there are valid reasons not to enter into the agreement, the company may refuse an order or request or attach special conditions to its implementation.
Upon delivery, the company will provide, among other things:
- the visiting address of the company's establishment where the consumer can file complaints;
- information about the right of withdrawal;
- warranty and service conditions;
- conditions for termination in the case of long-term agreements.
Article 6 – Right of withdrawal
The consumer can cancel a purchase agreement within 14 days after receiving the product without stating reasons.
During this period, the consumer will handle the product and its packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep it.
If he exercises his right of withdrawal, he will return the product with all accessories and, if reasonably possible, in its original condition and packaging.
The product must be returned within 14 days of notifying the company of the withdrawal.
Article 7 – Costs in case of withdrawal
The return costs are at the consumer's expense.
The company will refund the amount paid within 14 days of cancellation, provided the product has been received or proof of return has been provided.
Any import VAT, import duties, or handling fees paid by the consumer will not be reimbursed by the company; the consumer must request these back from customs or the carrier themselves, insofar as reimbursement is possible.
Article 8 – Exclusion of right of withdrawal
Exclusion is possible for:
- custom-made products;
- personal items;
- perishable or hygiene products with broken seals;
- audio/video recordings or software with broken seals;
- newspapers, magazines;
- services such as accommodation, transport, catering, or leisure activities with a fixed date;
- services performed with the consumer's consent before the end of the cooling-off period.
Article 9 – Prices
Prices will not be increased during the stated validity period, except for changes in VAT rates.
Price increases within 3 months are only permitted if they are legally mandatory.
All prices are subject to printing and typesetting errors.
Article 10 – Conformity and warranty
The company guarantees that products comply with the agreement, specifications, and reasonable requirements of soundness.
Any defects must be reported in writing within 14 days of delivery.
The warranty period corresponds to that of the manufacturer.
The warranty expires in the event of:
- repair or modification by the consumer or a third party;
- careless use;
- damage due to government regulations.
Article 11 – Delivery and execution
The company will exercise the utmost care in receiving and executing orders for products.
The products are shipped directly from a third country (outside the European Union), including China, to the address provided by the consumer. The company does not arrange for the import of goods into the Netherlands itself; shipping is arranged directly by or on behalf of the supplier in the third country.
Delivery takes place at the address specified by the consumer.
Because the goods are shipped from a third country, the delivery time may be longer than for shipments within the European Union. The company strives to execute orders within 30 days at the latest, unless otherwise agreed. Stated delivery times are indicative.
If the agreed delivery period is exceeded, the consumer can cancel the agreement free of charge and is entitled to a refund of the amount paid.
Replacement products will be clearly communicated as such.
Article 12 – Import, customs duties and VAT
The prices stated in the webshop are exclusive of any import duties and import VAT that may be due upon import of the goods into the European Union.
Because the goods are shipped directly from a third country, the consumer acts as the importer of the goods upon import. The consumer is solely responsible for the payment of any import VAT, import duties, and customs clearance or handling fees charged by customs or the carrier upon receipt of the goods.
These costs are separate from the purchase price and shipping costs and are not collected or paid by the company, unless explicitly stated otherwise in the order.
The company will inform the consumer before the conclusion of the agreement about the possibility that such import duties, import VAT, and handling fees may apply.
The consumer is advised that delays may occur when importing from a third country, for example due to customs inspection or handling, and that additional costs may arise. These delays and costs are, to the extent legally permissible, for the account and risk of the consumer.
Article 13 – Duration agreements: duration, termination and extension
The consumer can always terminate an agreement for an indefinite period with a notice period of a maximum of one month.
In the case of agreements for a definite period, this can be done at the end of the term with the same notice period.
Automatic extension is only permitted under clear conditions and for a limited duration.
For subscriptions to newspapers or magazines, a maximum extension of three months applies, or conversion to an indefinite period with a one-month notice period.
Article 14 – Payment
Unless otherwise agreed, payment must be made within 7 working days of the start of the cooling-off period.
The consumer must report inaccuracies in payment details immediately.
In case of late payment, the company is entitled to charge statutory costs.
Article 15 – Complaints Procedure
Complaints about the performance of the agreement must be submitted fully and clearly described within 7 days.
The company will respond within 14 days. If more time is needed, this will be communicated along with an estimated response time.
A complaint does not suspend the obligations of the company.
Article 16 – Disputes
Agreements between the company and the consumer are exclusively governed by Dutch law, even if the consumer resides abroad.