Terms of service

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 their business or profession and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract related to a series of products and/or services, the delivery and/or acceptance obligations of which are spread over time;

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

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;

Distance contract: a contract whereby, as part of a system organized by the entrepreneur for the sale of products and/or services at a distance, exclusive use is made of one or more techniques for distance communication up until the conclusion of the contract;

Distance communication technique: a tool that can be used to enter into an agreement without the consumer and entrepreneur being present in the same room at the same time.

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

Article 2 – Identity of the entrepreneur

www.Alleva.nl
Email address: support@alleva.nl
Chamber of Commerce: 92858015

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order made between the entrepreneur and the consumer.

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

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

If one or more provisions in these general terms and conditions are wholly or partially void or are annulled at any time, the contract and these terms will remain in effect, and the relevant provision will be replaced immediately through mutual consultation by a provision that approximates the original intent as much as possible.

Situations not covered by these general terms and conditions should be assessed according to the ‘spirit’ of these terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms should be explained according to 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 clearly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful 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 the cause for claims for compensation or cancellation of the contract.

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 includes such information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:

  • the price, excluding clearance costs and import VAT. These additional costs will be for the customer’s account and risk. The postal and/or courier service will use the special arrangements for postal and courier services when it comes to import, as the goods are imported into the destination EU country.
  • the possible shipping costs;
  • how the agreement will come into effect and what actions are required;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and performance of the agreement;
  • the time limit for accepting the offer or the time within which the entrepreneur guarantees the price;
  • the rate for distance communication techniques if the communication costs are calculated on a basis other than the regular basic rate for the communication medium used;
  • whether the agreement will be archived after conclusion and, if so, how the consumer can access it;
  • how the consumer can check and, if desired, correct the information they provided before entering into the agreement;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct the entrepreneur has adhered to and how the consumer can consult these codes electronically;
  • the minimum duration of the distance agreement 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 meeting the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer by electronic means without delay. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer can 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 online environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as factors and facts that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good grounds to believe that the agreement should not be concluded, they are entitled to refuse the order or application, or to attach special conditions to the performance.

The entrepreneur will send the following information with the product or service to the consumer, either in writing or in a way that the consumer can easily store it on a durable medium:

  • the visit address of the entrepreneur’s premises where the consumer can lodge complaints;
  • the conditions under which and the method by which the consumer can exercise the right of withdrawal or a clear notification that the right of withdrawal does not apply;
  • information about warranties and existing after-sales services;
  • the details listed in Article 4 paragraph 3, unless the entrepreneur has already provided these to the consumer before the contract was executed;
  • the requirements for termination of the agreement if it has a duration of more than one year or is of indefinite duration.

For continuous transactions, the provision in the previous paragraph only applies to the first delivery.

Each agreement is concluded under the suspensive condition of the availability of the products in question.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to dissolve the agreement without stating a reason within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer.

During the cooling-off period, the consumer must handle the product and its packaging with care. The product should only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, they should return the product with all delivered accessories and, if reasonably possible, in its original state and packaging, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product via a written message/email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the product was returned in time, for example by providing proof of shipment.

If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal within the aforementioned period or has not returned the product within the time frame, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products will be at the consumer’s expense.

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, provided that the product has already been received by the entrepreneur or a conclusive proof of the product’s return is provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the 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 or at least in time before the agreement is concluded.

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

  • made by the entrepreneur according to the consumer’s specifications;
  • clearly personal in nature;
  • that cannot be returned due to their nature;
  • that may spoil or age rapidly;
  • where the price is linked to fluctuations in the financial market over which the entrepreneur has no control;
  • for single newspapers and magazines;
  • for audio and video recordings and computer software where the consumer has broken the seal;
  • for hygiene products where the consumer has broken the seal.

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

  • concerning accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
  • where delivery has started with the consumer’s explicit consent before the cooling-off period expired;
  • concerning betting and lotteries.

Article 9 – The Price

  1. During the validity period mentioned 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.

  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. The offer must indicate this possibility.

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

  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

    • these are the result of legal regulations or provisions, or
    • the consumer has the right to dissolve the agreement from the day the price increase takes effect.

  5. The prices of products or services offered are inclusive of VAT.

Article 10 – Compliance and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

  2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can exercise against the entrepreneur based on the agreement.

  3. Any defects or incorrect deliveries must be reported to the entrepreneur in writing within 2 months after discovery.

  4. Products and services delivered by the entrepreneur may be subject to a manufacturer’s warranty or warranty period as stated in the documentation provided with the product. In case of malfunction, the consumer must refer to the warranty terms of the manufacturer.

Article 11 – Delivery and Execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for services.

  2. The place of delivery is the address the consumer has provided to the entrepreneur.

  3. Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be informed about this no later than 30 days after placing the order. The consumer in that case has the right to dissolve the agreement free of charge and to claim compensation.

  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.

  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance by the consumer.

Article 12 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid in advance, but in no case later than 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement.

  2. The consumer must make the payment through the methods indicated in the offer. If no method is specified, payment is expected to be made in one of the most commonly available ways, such as bank transfer or online payment.

  3. If the consumer fails to make payment within the specified period, they will owe statutory interest and a reminder fee of € 5.

Article 13 – Complaints Procedure

  1. The entrepreneur has a well-publicized complaints procedure and will handle the complaint in accordance with this procedure.

  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

  3. The entrepreneur will respond to the complaint within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.

  4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

Article 14 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.

  2. The Vienna Sales Convention does not apply.

  3. Any disputes between the consumer and the entrepreneur will be submitted to the competent court in the entrepreneur's place of business, unless the law provides otherwise.

Article 15 – Additional or Different Provisions

  1. Additional or different provisions to these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer on a durable medium.