Article 1: The applicability  

1.1. 

These terms and conditions apply to all offers and all agreements of LuxuryByIvana B.V. The company is located at Resadastraat 35 (9713 TN) GRONINGEN and registrated at the Chamber of Commerce under number  82523835. The VAT identification number is 862504594.B01, hereinafter referred  to as the user. 

1.2. 

The user can conclude agreements with the consumer, a natural person who is  not acting in the exercise of a profession or business. The user can also conclude agreements with the business customer, any natural person or legal  entity registered in the trade register at the Chamber of Commerce and who has a  business account. 

1.3. 

Other terms and conditions only form part of the agreement concluded between the  parties if and insofar as both parties have explicitly 

agreed this in writing. The applicability of any purchase or other terms and  conditions of the business customer is explicitly rejected. 

1.4. 

The acceptance by the consumer or business customer without comment and  retention of the offer by the user, referring to these terms and conditions, constitutes consent to their application. The possible non-application of (part of) a  provision of these general terms and conditions does not affect the application of  the other provision. 

1.5. 

If there is uncertainty about the interpretation of one or more provisions of these terms and conditions or in the event that a situation arises between the parties that  is not regulated in the following terms and conditions, the explanation must be in  the spirit of the provisions.

1.6. 

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer or business customer. The  text of these general terms and conditions can be made 

available electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, the user will before the distance contract  is concluded, indicate how the general terms and conditions can be viewed by the 

user, where the general terms and conditions can be inspected electronically and that they can be inspected electronically or otherwise at the request of the  consumer or business customer. Be sent free of charge as soon as possible. 

Article 2: The offer  

2.1. 

All offers, quotations and price lists of the user on the website are  without obligation. 

2.2. 

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

2.3. 

The offer contains a complete and accurate description of the products offered. The  description is sufficiently detailed to enable a proper assessment of the offer by the  consumer or business customer. If images are used in the offer, then these are a  true representation of the products offered. The colors shown of the products may deviate slightly from the original products. Obvious mistakes or errors in the offer  do not bind the user. 

2.4. 

Each offer contains such information that is for the consumer or business customer  it is clear what the rights and obligations are attached to accepting the offer. This concerns particular information about the price of the product, the costs of delivery,  the manner in which the agreement is concluded, the method of payment and the  method of delivery.

Article 3: The agreement  

3.1. 

Subject to the provisions of paragraph 4, the agreement is concluded at the time of  acceptance by the consumer or business customer of the offer. 

3.2. 

In the event of an offer electronically and the consumer or business customer  also accepts this offer electronically, then the user confirms without delay electronically receiving the acceptance of the offer. As long as the receipt of this  acceptance has not been confirmed by the user, the consumer can dissolve the  agreement. 

3.3. 

If the agreement is concluded electronically, the user will take appropriate  technical and organizational measures to secure the electronic transfer of data  and ensure a secure web environment. If the consumer or business customer can pay electronically, the user will observe appropriate security measures. 

3.4. 

The user can – within legal frameworks – inform himself whether the consumer or business customer 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,  on the basis of this investigation, the user has good reasons not to enter into the  agreement, he is entitled to refuse an order or request, with reasons, or to attach  special conditions to the execution. 

3.5. 

At the latest upon delivery of the product to the consumer, the user will send the  following information, in writing or in such a way that it can be stored in an  accessible manner on a durable medium: 

1. The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the  right of withdrawal. 
2. Information about guarantees and existing service after purchase. c. The price, including all taxes, of the product; insofar as applicable, the delivery costs; and the method of payment, delivery or implementation of the distance  contract. 
3. If the consumer has a right of withdrawal, the model withdrawal form.

3.6. 

Each agreement is entered into under the suspensive condition of sufficient  availability of the product concerned. 

Article 4: Advertising 

4.1. 

The consumer is obliged to check the delivered goods immediately upon receipt. If visible defects are found, this must be confirmed in writing to the user within 24  hours. Other complaints must be reported in writing within 8 days after receipt of the product. Deviations in color, wear resistance, structure, etc. are not covered by  advertising law. 

4.2. 

Complaints do not suspend the payment obligation. Article 5: Right of withdrawal 

5.1. 

The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 14 days without giving reasons. The user may ask the  consumer for the reason for the withdrawal, but the consumer is not obliging him  to state his reason (s). The period of 14 days starts from the day of purchase the  product(s). 

5.2. 

The reflection period referred starts on the day after the consumer, or a third party  designated by the consumer in advance, who is not the carrier, has received the  product, or: 

1. If the consumer has ordered several products in the same order: the day on  which the consumer, or a third party designated by him, has received the last  product. The user may, provided he has clearly informed the consumer about this  prior to the ordering process, refuse an order for several products with different  delivery times. 
2. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment  or the last part.

5.3. 

If the consumer makes the decision not to keep the product(s), he or she can send  the products back to the same address where the products came from. The address is on the website. The consumer can send the goods back within 5 days from the  moment the decision is made not to keep the products or within 5 days after a  period of 14 days. The shipment costs including the payment for the goods will be  paid back to the consumer within five days counted from the moment the products  has been arrived. 

Article 6: Consumer’s obligations during the reflection period  

6.1. 

During the reflection period, the consumer will handle the product and packaging  with care. He or she will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting  point here is that the consumer may only handle and inspect the product as he  would be allowed to do in a shop. 

6.2. 

The consumer is only liable for the depreciation of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1. 

6.3. 

The consumer is not liable for the depreciation of the product if the user has not  provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement. 

Article 7: Exercise of the right of withdrawal and costs thereof 

7.1. 

If the consumer makes use of his right of withdrawal, he will report this within the  reflection period by means of the model withdrawal form or in another  unambiguous manner to the user. 

7.2. 

As soon as possible, but within 14 days from the day following the notification  referred to in paragraph 1, the consumer returns the product. The product must be returned in the same condition – without any signs of use – as it was received. It is  not necessary to return the product if the user has offered to collect the product  himself. The consumer has in any case complied with the return Period if he returns the product before the cooling-off period has expired. 

7.3. 

The consumer returns the product with all accessories supplied, if reasonably  possible in its original condition and packaging, and in accordance with  reasonable and clear instructions provided by the user. 

7.4. 

The risk and the burden of proof for the correct and timely exercise of the right of  withdrawal lies with the consumer. 

7.5. 

The consumer bears the direct costs of returning the product. If the user has not indicated that the consumer must bear these costs or if the user indicates that he  will bear the costs himself, the consumer does not have to bear the costs for  returning the goods. 

7.6. 

If the consumer exercises his right of withdrawal, all additional agreements will be  dissolved by operation of law. 

Article 8: Obligations of the user in case of withdrawal  

8.1. 

If the user enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receipt of this notification. 

8.2. 

The user will reimburse all payments made by the consumer, including any delivery  costs charged by the user for shipping the product to the consumer, as soon as the  product has been received in good condition and with all accessories and without  delay but within 14 days following the day on which the consumer notifies him of  the withdrawal and the product has been received by the user. Unless the user  offers to collect the product himself, he may wait with reimbursement until he has  received the product or until the consumer proves that he has returned the product,  whichever is the earlier. 

8.3. 

The user uses the same payment method that the consumer used for  reimbursement, unless the consumer agrees to a different method. The  reimbursement is free of charge for the consumer.

8.4. 

Reimbursement by the user will be made to the same account number as the  payment for which by the consumer has taken place, unless otherwise agreed in  writing between the parties. 

8.5. 

If the consumer has opted for a more expensive method of delivery than the  cheapest standard delivery, the user does not have to reimburse the additional costs for the more expensive method. 

Article 9: The price  

9.1. 

During the period of validity stated in the offer, the prices of the products and / or  services being offered will not be increased, except for price changes due to  changes in VAT rates. 

9.2. 

Contrary to the previous paragraph, the user can offer products or services whose prices are subject to fluctuations in the financial market and over which the user  has no influence, at variable prices. This bondage to fluctuations and the fact that  any stated prices are target prices will be stated in the offer. 

9.3. 

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

9.4. 

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

1. They are the result of statutory regulations or provisions; or b. the consumer has the authority to cancel the agreement on the day  on which the price increase takes effect. 

9.5. 

The prices stated in the offer of products or services include VAT. 9.6. The shipping costs for deliveries within the Netherlands are borne by the user.  The shipping costs for deliveries abroad are for the account of the consumer.

Article 10: Fulfillment of the agreement and extra guarantee  

10.1. 

The user guarantees that the products and / or services comply with the  agreement, the specifications stated in the offer, the reasonable requirements of  reliability and / or usability and the date of the realization of the agreement existing  legal provisions and / or government regulations. The delivered product has the properties that the consumer or business customer can expect with normal use. 

10.2. 

The user gives a full 2-year warranty on the delivered products, in addition to the  legal obligations of paragraph 1. The 2-year warranty does not apply to defects as  referred to in paragraph 4. 

10.3. 

The consumer or customer can claim the manufacturer’s warranty offered by the  producer of the products. An additional warranty provided by the user, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the user on the basis of the agreement if the user has failed to  fulfill his part of the agreement. 

10.4. 

The warranty does not cover defects in the articles that have arisen as a result of  normal wear and tear, or damage resulting from circumstances beyond the user’s  control, such as weather conditions or damage caused by transport. Any form of warranty will lapse if the product is used incorrectly or carelessly. 10.5. If the defect can be properly repaired, the user does not need to replace the  product. 

Article 11: Delivery and implementation 

11.1. 

The user will take the greatest possible care when receiving and executing orders  for products. 

11.2. 

The place of delivery is the address that the consumer makes known to the user. For the business customer, the place of delivery is the address that is linked to the  registration with the Chamber of Commerce, or any other address that the  business customer has made known to the user.

11.3. 

The user will ship all (completely paid) orders on the same day as the order was received, but not later than 24 hours from receiving the order, unless a different  delivery period has been agreed. If the delivery is delayed, or if an order is not  or only partially possible are carried out, the consumer or business customer will be notified of this no later than 30 days after placing the order. In that case, the  consumer or business customer has the right to dissolve the agreement free of  charge. 

11.4. 

After dissolution in accordance with the previous paragraph, the user will repay the amount that the consumer has paid as soon as possible, but within 5 days to  the account number of which the payment has been made by the consumer. 

11.5. 

The risk of damage and / or loss of products rests with the user until the moment of delivery to the consumer or a pre-designated representative made known to the  user, unless explicitly agreed otherwise. 

Article 12: Payment 

12.1. 

Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer or business customer must be paid when concluding the  agreement on the account number specified by the user. 

12.2. 

The consumer or business customer has the duty to report inaccuracies in provided  or stated payment details to the user without delay. 

12.3. 

If the consumer or business customer does not meet his payment obligation (s) in a timely manner, after the user has informed him of the late payment and the  user has granted the consumer or business customer a period of 14 days to still  meet his payment obligations, if payment is not made within this period of 14 days.  Statutory interest or statutory commercial interest is due on the amount due and  the user has the right to charge the extrajudicial collection costs incurred by him.  The interest on the The amount due will be calculated from the moment the  consumer or entrepreneur is in default until the moment the full amount is paid.

12.4. 

If the consumer or business customer does not meet his payment obligation (s) on time, after he has been informed by the user of the late payment and the user has granted the consumer or business customer a period of 14 days to still  fulfill his payment obligations, after non- payment within this 14-day period, the  statutory interest or statutory commercial interest is due on the amount owed and  the user is entitled to charge the extrajudicial collection costs incurred by him. The  interest on the 

due amount will be calculated from the moment the consumer or business the  customer is in default until the full amount has been paid. 

12.5. 

The consumer or business customer never has the right to settle the amount owed  by him. 

Article 13: Retention of title  

13.1. 

All goods delivered by the user in the context of the agreement remain the property  of the user until the consumer or business customer has fulfilled all obligations  under the agreement concluded with the user, including payment of the purchase  price and payment of any surcharges, interest and taxes due. 

13.2. 

The goods supplied by the user that are subject to retention of title may not be  resold, pledged or encumbered in any other way. The consumer or business customer is never entitled to set off the amount owed by him. 

13.3. 

If third parties seize the goods delivered under retention of title or wish to  establish or assert rights thereon, the consumer or business customer is  obliged to immediately inform the user thereof. 

Article 14: Liability 

14.1  

The user performs his task in a manner that may be expected of him, but does not  accept any liability for damage, including indirect damage, except insofar as the  damage is due to gross negligence and / or intent.

14.2. 

Indirect damage includes consequential damage, lost profit, loss suffered and  damage due to business staging. Liability is expressly excluded by the user. 

14.3. 

Any liability for direct damage is limited to the invoice amount. Article  15: Force majeure 

15.1. 

If fulfillment of the agreement is temporarily impossible due to a cause that is not  can be attributed to one of the parties, the user is released from his obligations for  that period. 

Article 16: Change of conditions  

16.1. 

The user reserves the right to unilaterally change these conditions. 16.2. Applicable is the version that was already valid at the time of the conclusion of the  agreement with the user. 

Article 17: Disputes 

17.1. 

Agreements between the user and the consumer or business customer to which these general terms and conditions apply are exclusively governed by Dutch law.  The application of the Vienna Sales Convention is excluded. 

17.2. 

All disputes arising from offers or agreements will be subject to the judgment of the competent judge of the Northern Netherlands District Court, Groningen  location.