General conditions

General conditions

General Terms and Conditions firalli.com

Article 1 - Definitions
In these terms and conditions, the following definitions apply:

- Cooling-off Period: the period during which the consumer can exercise their right of withdrawal;
- Consumer: a natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
- Day:6-6-2023
- Continuous Transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
- Durable Medium: any means that allows the consumer or the entrepreneur to store information addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information;
- Right of Withdrawal: the consumer's ability to withdraw from the distance contract during the cooling-off period;
- Entrepreneur: a natural or legal person who offers products and/or services to consumers at a distance;
- Distance Contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, exclusively using one or more means of remote communication;
- Means of Remote Communication: a means that can be used for concluding a contract without the consumer and the entrepreneur being physically present in the same location.

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

Article 2 - Identity of the Entrepreneur

Løvely

KVK72113863

Pernisstraat 60, 2729EG Zoetermeer, The Netherlands
Email address: info@løvely.com
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders 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 are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request.

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

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are wholly or partially void or are annulled at any time, the agreement and these conditions shall remain in effect for the remainder and the provision in question shall be replaced by mutual agreement as soon as possible with a provision that approximates the purport of the original as closely as possible.

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

Uncertainties 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 expressly 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 sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

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

- the price, excluding customs duties and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services with regard to importation. This scheme applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the invoiced customs clearance costs) from the recipient of the goods;
- the possible costs of delivery;
- the way in which the agreement will be concluded and what 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 remote communication if the costs of using the remote communication technique are calculated on a different basis than the regular basic rate for the means of communication used;
- whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;
- how the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct them;
- the languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuous transaction.

Optional: available sizes, colors, types of materials.

Article 5 - The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down for this purpose.

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 may dissolve the agreement.

If the agreement 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 for this purpose.

Within the framework of the law, the entrepreneur can inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds, based on this investigation, not to enter into the contract, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

The entrepreneur shall send the following information in writing or in such a way that it can be easily stored by the consumer on a durable medium, together with the product or service to the consumer:

1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
2. the conditions under which and the way 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 guarantees and existing after-sales service;
4. the data mentioned in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision in the previous paragraph shall apply only to the first delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal
In the purchase of products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a previously designated representative made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its 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 wishes to exercise his right of withdrawal, he will return the product with all accessories supplied 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 make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known through a written message/email. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by means of a proof of dispatch.

If the customer has not made known after the expiry of the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal, the purchase is a fact.

Article 7 - Costs in Case of Withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the products are for the account of 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 withdrawal. The condition here is that the product has already been received by the webshop or that conclusive proof of complete return can be provided.

Article 8 - Exclusion of 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 is only possible if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

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

1. that have been created by the entrepreneur in accordance with the consumer's specifications;
2. that are clearly of a personal nature;
3. that cannot be returned due to their nature;
4. that can spoil or age quickly;
5. whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
6. for single newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer has broken the seal;
8. for hygienic products of which the consumer has broken the seal.

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

1. relating to accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
2. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
3. related to betting and lotteries.

Article 9 - The Price
During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services for which prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only allowed 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 terminate the agreement from the day on which the price increase takes effect.
In accordance with Article 5, paragraph 1, of the Value Added Tax Act 1968, delivery takes place in the country where the transport begins. In this case, delivery takes place outside the EU. Following this, the postal or courier service will charge import VAT or customs clearance fees to the recipient. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case 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 guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses 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.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The products must be returned in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate 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 the delivered products himself and/or has had them repaired by third parties;
- the delivered products have been exposed to abnormal conditions or are otherwise treated negligently or contrary to the instructions of the entrepreneur and/or have been treated by the packaging;
- the defects are wholly or partially the result of regulations that the government has or will establish regarding the nature or quality of the materials used.