Terms and conditions

Contents:


Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Compliance and Warranty

Article 11 - Delivery and execution

Article 12 - Duration Transactions: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or different terms

 

Article 1 - Definitions

In these terms and conditions shall apply:

1 period: the period within which the consumer can exercise his right of withdrawal;


2.Consument: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;


3.Dag: calendar


4.Duurtransactie: a distance contract concerning a series of products and / or services, the supply and / or purchase is spread over time;


5.Duurzame data carrier: any means that the consumer or business that enables information that is addressed to him personally, to store in a way that future consultation and unaltered reproduction of the stored information.


6.Herroepingsrecht: the ability for the consumer to waive the distance contract within the cooling-off;


7.Ondernemer: the natural or legal products and / or remote services and consumer services;


8.Overeenkomst remote means an agreement made in the framework of a system organized by the Entrepreneur for distance sale of products and / or services until the conclusion of the agreement exclusive use of one or more communication techniques distance;


9.Techniek distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room.

 


Article 2 - Identity of the entrepreneur

The Living Company

P.J. Troelstraweg 5
3144 CW Maassluis - The Netherlands

Telephone: +31 (0) 10-7617075

Email: info@livingandcompany.com

Chamber of Commerce number: 53322312

VAT identification number: NL146974794B01

 

 

Article 3 - Applicability

1.These terms and conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between businesses and consumers.


2.Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge on request of the consumer


3.If the distance contract is concluded electronically, the text of these terms and conditions are set in such a way that the consumer has to electronically notwithstanding the preceding paragraph and before the distance contract is concluded, consumers can be stored on a durable medium. in a simple way If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions can be taken and that electronically or otherwise will be sent free of charge. Request of the consumer electronically


4.For the case that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision for him This is the most favorable.


 

Article 4 - The offer

1.If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.


2.The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow. Proper assessment of the offer by the consumer If the contractor uses these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer does not bind the entrepreneur.


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

◦de price including taxes;


◦de any costs of delivery;


◦de manner in which the agreement will be achieved and what actions are required;


◦het or not apply the right of withdrawal;


◦de method of payment, delivery or performance of the contract;


◦de deadline for accepting the offer, or the deadline for adhering to the price;


◦de level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate of communication;


◦of the agreement after the adoption is filed, and if so, is how to be accessed by the consumer;


◦de way the consumer before the conclusion of the contract, the information provided by him under the agreement can check and repair if required;


◦de any other languages, including Dutch, the contract can be concluded;


◦de conduct to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically; and


◦de minimum duration of the distance contract in the event of an extended transaction.



 

Article 5 - The contract

1.De agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.


2.If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.


3.If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.


4.De entrepreneur can - within the law - to inform or to satisfy consumers of its payment obligations as well as all facts and factors that are important for the responsible conclusion of the distance contract. If the operator under this investigation was justified not to conclude the contract, he is entitled to refuse an order or request or to the implementation. Specific conditions


5.De entrepreneur will the product or service to the consumer the following information in writing or in such a way that it can be stored on a durable medium, enclose the consumer in an accessible manner:

a. the address of the establishment of the business where the consumer can lodge complaints;

b. the conditions and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;

c. information on guarantees and after sales service existing;

d. recognized in Article 4 paragraph 3 of these conditions, unless the trader has provided before the execution of the agreement, this information to the consumer;

e. the requirements for terminating the contract, if the contract has a duration of more than one year or is indefinite.


6.In case of an extended contract, the stipulation in the previous paragraph applies only to the first delivery.


 

Article 6 - Right of withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 calendar days. The products need to be received by the entepreneur within 30 days after the day of delivery. This period commences on the date of receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.

2. During this period the consumer will treat the product and packaging. He will be the product only to unpack or use as needed to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and in original condition and packaging to the Entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. The product can only be returned undamaged, unused and returned in the original, undamaged packaging. Returns that be damaged during shipment or by improper packaging, we can not process. Send the item always registered and insured return.

4. If the original packaging of the product is damaged or missing Living and Company reserves the right to retain the right for charging reasonable compensation from the refund amount, or to charge this.

When providing services:

1. When providing services, the consumer has the option to terminate the contract without giving any reason for at least fourteen days, starting on the day of entering into the agreement.

2. To make use of his right of withdrawal, the consumer focus to the trader to supply and / or appearance on delivery to area provided reasonable and clear instructions.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost (with a maximum of EUR 5.000, -).

2. 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 return or cancellation minus the shippingcosts.

3. Consumers outside Europe pay 25% of the purchase amount if the order is cancelled. 



Article 8 - Exclusion of right of withdrawal

1.De operator may exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3, the exclusion of the right of withdrawal is only valid if the trader to conclude the agreement stated. Clearly in the offer, at least in time


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

a which have been made to the consumer's specifications by the contractor.;

b. that are clearly personal in nature;

c. that can not be returned due to their nature;

d. which can quickly deteriorate or expire;

e. whose price depends on fluctuations in the financial market over which the trader has no influence;

f. for individual newspapers and magazines;

g. upholstered furniture.


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

a. carry on a certain date or during a specified period on accommodation, transport, catering or leisure;

b. the supply with the express consent of the consumer, before the period has expired;

c. betting and lotteries.


4. Business customers are excluded from the right of withdrawal

5. Consumers outside the European Union.



 

Article 9 - The price

1.Gedurende the period mentioned in the offer, the prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.


2.In Notwithstanding the preceding paragraph, the operator may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.


3.Prijsverhogingen within 3 months after the conclusion of the contract are only allowed if they are the result of legislation or regulations.


4.Prijsverhogingen from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:

a. they are the result of legislation or regulations; or

b. the consumer has the power to terminate as of the date the increase takes effect.


5.De in the supply of products or services mentioned prices include VAT.

 


Article 10 - Compliance and Warranty

1.The trader guarantees that the products and / or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing laws on the date of the conclusion of the agreement provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.


2.A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert. Under the contract against the trader

3. Non-conformity always should be reported to the supplier, within two months after discovery of non-compliance.

 

Article 11 - Delivery and execution

1.De trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.


2.If place of delivery is the address that the consumer has made to the company. Known


3.With regard to what is stated in Article 4 of these terms and conditions, the company accepted orders expeditiously but not later than 30 days unless a longer delivery period was agreed. If delivery is delayed, or if an order is not or only partially implemented, the consumer receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the contract without penalty and will not be entitled to any compensation.


4.In case of dissolution in accordance with the preceding paragraph, the trader the amount that the consumer as quickly as possible, be paid no later than 30 days after the dissolution.


5.If delivery of an ordered product proves impossible, the trader will attempt to provide a replacement item available. Before the delivery will be that a replacement item is delivered. Clear and understandable manner For replacement items right of withdrawal can not be excluded. The cost of return shipment are borne by the entrepreneur.


6.The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer (breakable items excluded!) or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed. This does not apply when the customer provides a wrong address. This also does not apply to customers outside the European Union.

7. Damage to the products must be made known within two calendar days after delivery to the entrepreneur. Keep the shipping box and packing materials for the insurance, without this we cannot refund the damage.
8. Delivery is in front of the first doorstep on the ground floor.

 

Article 12 - Duration Transactions: duration, termination and renewal  termination

1.De consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of one month.


2.De consumer may contract concluded for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.


3.De consumer contracts as described in the preceding paragraphs:


◦te denounce all times and not be limited to termination at a specific time or during a specific period;


◦tenminste cancel the same way as they are entered by him;


Terminate ◦altijd same notice as the company has negotiated for itself.


extension

1.A contract is concluded for a definite period, which extends to the regular delivery of products (including electricity) or services should not be tacitly renewed or extended for a specific period.


2.In Notwithstanding the preceding paragraph, a contract is concluded for a definite period, which extends to the regular supply of daily and weekly newspapers and magazines will be extended for a fixed period of up to three months if the consumer extended tacitly agreement by the end of the extension may terminate with notice of one month.


3.A contract is concluded for a definite period, which extends to the regular delivery of products or services may be extended if the consumer may terminate the contract with a notice period of one month at any time for an indefinite period only tacitly and a notice of maximum of three months in case the agreement extends to the regular, but less than once a month, delivering newspapers, weeklies and magazines.


4.A contract with limited duration to the regular delivery of dailies, weeklies and magazines (trial or introductory subscription) is not tacitly continued ends automatically after the trial or introductory.

duration


5.If a contract has a duration of more than one year, the consumer may, after one year, the agreement at any time with notice of cancellation not exceeding one month, unless the reasonableness and fairness the termination before the end of the agreed term resist.

 


Article 13 - Payment

1.Voorzover not otherwise agreed, the amounts owed by the consumer to be paid within 14 days after the start of the cooling period referred to in Article 6, paragraph 1 In the case of a contract to provide a service, the time limit begins after the documents. consumers confirmation of the agreement


2.When the sale of products to consumers are stipulated. In terms never a prepayment of more than 50% If payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s), before the advance payment has been made.


3.De consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the trader


4.In the event of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known

 


Article 14 - Complaints

1.De entrepreneur has a well-publicized complaints and deals with complaints under this procedure.


2.Klachten on the implementation of the agreement should take place promptly, fully and submitted to the entrepreneur, after the consumer has discovered the defects. Clearly defined


3.The entrepreneur complaints answered counted from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of 14 days responded with an acknowledgment of the receipt and indicating when the consumer can expect. A more detailed answer


4.If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.

 


Article 15 - Disputes

1.On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.


 

Article 16 - Additional or different terms

Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner

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