Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the business;

Day: calendar day;

Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or accept performance is spread out over time;

Durable medium: any means that enables the consumer or business to store information addressed personally to them in a way that allows for future reference and unaltered reproduction of the stored information.

Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period;

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

Distance contract: a contract in which, within the framework of a system organized by the business for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract;

Means of distance communication: a means that can be used to conclude a contract without the consumer and the business being physically present in the same location at the same time.

Terms and Conditions: the present Terms and Conditions of the business.

Article 2 – Applicability

These general terms and conditions apply to every offer made by the merchant and to every distance contract and order concluded between the merchant 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 can be viewed at the business’s premises and will be sent free of charge as soon as possible upon the consumer’s request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them 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 viewed electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.

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

If one or more provisions in these general terms and conditions are at any time wholly or partially void or are set aside, the agreement and these terms and conditions shall remain in force for the remainder, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the intent 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.
Any ambiguities regarding 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 3 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The business is entitled to change and modify the offer.

The offer contains 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 merchant uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the merchant.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Product images are a true representation of the products offered. The business cannot guarantee that the colors displayed exactly match the actual colors 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:

the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer’s expense and risk. The postal and/or courier service will apply the special scheme for postal and courier services with regard to imports. This scheme applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;

any shipping costs;

the manner in which the contract will be concluded and the actions required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery, and performance of the contract;

the time limit for accepting the offer, or the time limit within which the business guarantees the price;

the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the standard basic rate for the means of communication used;

whether the contract will be archived after its conclusion, and if so, how the consumer may consult it;

the manner in which the consumer, prior to concluding the contract, may verify the information provided by him in the context of the contract and, if desired, correct it;

any other languages in which, in addition to Dutch, the contract may be concluded;

the codes of conduct to which the business operator is subject and the manner in which the consumer can consult these codes of conduct electronically;

and the minimum duration of the distance contract in the case of a continuing performance contract.
Optional: available sizes, colors, types of materials.

Article 4 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.

If the consumer has accepted the offer electronically, the business operator shall immediately confirm receipt of the acceptance of the offer electronically. As long as the business operator has not confirmed receipt of this acceptance, the consumer may terminate the agreement.

If the agreement is concluded electronically, the business operator shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the business operator shall observe appropriate security measures for this purpose.

The merchant may—within legal limits—verify whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the business operator has good grounds not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.

The business shall provide the consumer with the following information along with the product or service, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:

the street address of the business’s location where the consumer can file complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information regarding warranties and existing after-sales service;
the information included in Article 4, paragraph 3 of these terms and conditions, unless the business has already provided this information to the consumer prior to the performance of the agreement;
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 continuing performance contract, the provision in the preceding paragraph applies only to the first delivery.

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

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the contract without giving any reason within 30 days. This cooling-off period begins on the day after the consumer or a representative designated in advance by the consumer and notified to the merchant receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. He shall 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 shall return the product to the merchant with all accessories supplied and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the merchant.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the merchant within 30 days of receiving the product. The consumer must provide this notification via a written message or email. After the consumer has notified the merchant of their intention to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must provide proof that the delivered goods were returned in a timely manner, for example by means of proof of shipment.

If, after the expiration of the periods specified in paragraphs 2 and 3, the customer has not notified the business of their intention to exercise their right of withdrawal or has not returned the product to the business, the sale is final.

Article 6 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are the responsibility of the consumer.

If the consumer has paid an amount, the merchant will refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return can be provided.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply 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:

that have been created by the entrepreneur in accordance with specifications of the consumer;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or deteriorate rapidly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.
for hygienic products of which the consumer has broken the seal.

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

relating to accommodation, transportation, restaurant services or leisure activities to be performed on a specific date or during a specific period;
where delivery has begun with the express consent of the consumer before the cooling-off period has expired;
relating to betting and lotteries.

Article 8 – The Price

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

By way of derogation from 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 control, at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement effective from the day on which the price increase takes effect.

Pursuant to Article 5, paragraph 1, of the Turnover Tax Act 1968, the place of delivery shall be in the country where transportation commences. In the present case, this delivery takes place outside the EU. Consequently, import VAT and/or customs clearance charges shall be collected from the purchaser by the postal or courier service. Therefore, no VAT shall be charged by the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 9 – Identity of the Business

Business Name: svcommerce
Business Address: Kijfhoek 27
info@luzorawear.com
Chamber of Commerce Number: 42055892
VAT ID number: NL005460070B31

Article 10 – Conformity and Warranty

The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also warrants that the product is suitable for uses other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Return shipment of the products must take place in the original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur shall never be responsible for the ultimate suitability of the products for any 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 modified the delivered products themselves, or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care when receiving and fulfilling orders for products. The place of delivery shall be the address made known by the consumer to the company.

Subject to the provisions stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and shall be entitled to any compensation for damages.

In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 30 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal may not be excluded. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage to and/or loss of products shall remain with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term contracts: term, termination, and renewal

Termination

The consumer may terminate a contract entered into for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time prior to the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

at any time and not be limited to termination at a specific time or during a specific period;

at least in the same manner as they were entered into by the consumer;

always with the same notice period as the business has stipulated for itself.

Renewal

A contract entered into for a fixed term and intended for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.

Notwithstanding the preceding paragraph, a contract entered into for a fixed term and intended for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months, provided that the consumer may terminate this extended contract by the end of the extension period with a notice period of no more than one month.

A contract entered into for a fixed term for the regular delivery of products or services may only be tacitly renewed for an indefinite term if the consumer may terminate it 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 is for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and automatically terminates at the end of the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer is obligated to immediately notify the business of any inaccuracies in the payment details provided or stated.

In the event of non-payment by the consumer, the business has the right, subject to legal limitations, to charge the consumer for reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the business in full and clearly described within 7 days of the consumer discovering the defects.

Complaints submitted to the business will be answered within 30 days of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be valid by the business, the business will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 - CESOP

Due to the measures to be introduced and strengthened starting in 2024 in connection with the “Act Amending the 1968 Sales Tax Act (Act Implementing the Payment Services Directive)” and the resulting implementation of the Central Electronic System for Payment Information (CESOP), payment service providers may record data in the European CESOP system.