TERMS OF SERVICE
TERMS OF SERVICE
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Withdrawal Period: The period within which the consumer can exercise their right of withdrawal;
- Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Day: Calendar day;
- Duration Transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable Medium: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unaltered reproduction of the stored information.
- Right of Withdrawal: The consumer's option to withdraw from the distance contract within the withdrawal period;
- Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance;
- Distance Contract: An agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
- Technique for Distance Communication: Means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same room at the same time.
- General Terms and Conditions: The current general terms and conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
- Store Name: Lavida Boutique
- Company Name: Globify
- Registration No. (CVR): 1.034.234.586
- VAT Number: BE 1.034.234.586
- Business Address: Oude Houtlei 129, Box 202, 9000 Ghent, Belgium
- Email: info@lavidaboutique.com
Article 3 - Applicability
3.1 These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer. 3.2 Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated that the terms can be inspected at the entrepreneur's premises and will be sent free of charge upon request. 3.3 If the distance contract is concluded electronically, the text of these terms may be made available electronically in such a way that it can be easily stored on a durable data carrier. 3.4 If specific product or service conditions apply in addition to these terms, the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting terms.
Article 4 - The Offer
4.1 If an offer has a limited validity period or is subject to conditions, this will be expressly stated. 4.2 The offer is non-binding. The entrepreneur has the right to change and adjust the offer. 4.3 The offer contains a complete and accurate description of the products/services. Obvious mistakes or errors in the offer do not bind the entrepreneur. 4.4 All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. 4.5 Prices stated in the offer exclude customs clearance fees and import VAT. These additional costs are for the customer's account and risk. The courier service will apply special arrangements for imports into the EU destination country.
Article 5 - The Agreement
5.1 The agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set therein. 5.2 If accepted electronically, the entrepreneur will immediately confirm receipt of acceptance. Until this receipt is confirmed, the consumer may dissolve the agreement. 5.3 The entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment.
Article 6 - Right of Withdrawal
6.1 When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This period starts the day after receipt of the product. 6.2 During the reflection period, the consumer must handle the product and packaging with care. The product should only be unpacked or used to the extent necessary to assess whether they wish to keep it. 6.3 To exercise the right of withdrawal, the consumer must inform the entrepreneur in writing/via email within 14 days. After notification, the product must be returned to its place of origin within 14 days.
Article 7 - Costs in Case of Withdrawal
7.1 If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer. 7.2 The entrepreneur will refund the amount as soon as possible, but no later than 14 days after the withdrawal, provided the product has been received back or conclusive proof of return is provided.
Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur can exclude the right of withdrawal for specific products, such as:
- Products made to consumer specifications (customized);
- Clearly personal items;
- Products that spoil or age quickly;
- Hygiene products where the seal has been broken;
- Sealed audio, video, or software where the seal has been broken.
Article 9 - The Price
9.1 Prices will not be increased during the validity period mentioned in the offer, except for changes resulting from VAT rate adjustments. 9.2 Pursuant to Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where the transport begins. As delivery takes place outside the EU, the courier will charge import VAT/customs fees to the customer. Therefore, no VAT will be charged by the entrepreneur.
Article 10 - Compliance and Warranty
10.1 The entrepreneur guarantees that the products comply with the agreement and reasonable requirements of reliability and usability. 10.2 Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery.
Article 11 - Delivery and Execution
11.1 The entrepreneur will process orders with the greatest possible care. 11.2 The place of delivery is the address provided by the consumer. 11.3 Accepted orders will be executed within 30 days unless a longer period has been agreed. If delivery is delayed, the consumer has the right to dissolve the agreement without costs.
Article 12 - Duration Transactions
12.1 The consumer may terminate an open-ended contract for regular delivery at any time, subject to a notice period of no more than one month. 12.2 Fixed-term contracts for regular delivery may not be tacitly extended or renewed for a fixed period.
Article 13 - Payment
13.1 Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period. 13.2 The consumer has the duty to report inaccuracies in payment data provided to the entrepreneur immediately.
Article 14 - Complaints Procedure
14.1 Complaints about the performance of the agreement must be submitted fully and clearly described within 7 days after the consumer identifies the defects. 14.2 Complaints will be answered within 14 days of receipt.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer are exclusively subject to Dutch law, even if the consumer resides abroad.
Article 16 - CESOP
Due to measures introduced in 2024 regarding the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system to monitor cross-border payments.