Terms of service

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion right of withdrawal

Article 9 – The price

Article 10 – Conformity and guarantee

Article 11 – Delivery and execution

Article 12 – Duration transactions: duration, cancellation and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or different provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal; Read everything about reflection time.

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

3. Day: calendar day;

4. Duration transaction: a distance contract with regard to a series of products and/or services, whose delivery and/or purchase obligation is spread over time;

5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that addressed to him personally, in a manner that prevents future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: the option for the consumer to waive the distance contract;

7. Model form: the model form for withdrawal that the entrepreneur makes available that consumer can fill in when he wants to make use of his right of withdrawal.

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

9. Distance contract: an agreement in which, in the context of a organized system for distance selling of products and/or services, up to and including the closing of the agreement, only one or more techniques for distance communication are used;

10. Remote communication technology: means that can be used to close a agreement, without the consumer and entrepreneur meeting in the same room at the same time.

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

Article 2 – Identity of the entrepreneur

Guivage

Van der Boechorststraat 26

1081 BT Amsterdam

The Netherlands

E Info@guivage.com

Chamber of Commerce 80339360

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every conclusion

distance contract and orders between entrepreneur and consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions made available to consumers. If this is not reasonably possible, before the distance contract is closed, it is indicated that the general terms and conditions can be viewed at the entrepreneur and that they The consumer’s request will be sent free of charge as soon as possible.

3. 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 electronically be made available to the consumer in such a way that it can be used by the consumer in a can be easily stored on a durable data carrier. If this is not reasonably is possible, before the distance contract is concluded, it will be indicated where of the general terms and conditions can be read electronically and that they are available at the consumer’s request will be sent free of charge electronically or otherwise.

4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions of apply, the second and third paragraphs apply mutatis mutandis and the consumer can of conflicting general terms and conditions, always invoke the applicable provision that is most is favorable.

5. If one or more provisions in these general terms and conditions at any time, in whole or in part, are void or destroyed, the agreement and these terms and conditions will remain in effect for the rest and will the provision in question will be replaced without delay by mutual agreement with a provision that the purport of the original as close as possible.

6. Situations that are not regulated in these general terms and conditions must be assessed ‘in spirit’ of these terms and conditions.

7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be to be construed “in the spirit” of these terms and conditions.

Article 4 – The offer

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

2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer to make. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer bind the entrepreneur not.

4. All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

5. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

6. Each offer contains such information that it is clear to the consumer what the rights and obligations are, associated with the acceptance of the offer. This concerns in particular:

the price including taxes;

any shipping costs;

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

whether or not the right of withdrawal applies;

the method of payment, delivery and execution of the agreement;

the term for acceptance of the offer, or the term within which the entrepreneur pays the price guarantees;

the amount of the tariff for distance communication if the costs of using the technology are

distance communication are calculated on a different basis than the regular base rate for the used means of communication;

whether the agreement will be archived after it has been concluded, and if so, on what basis it is for the consumer consulting is;

the way in which the consumer, before concluding the agreement,

can check the data provided in the agreement and, if desired, restore it;

any other languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer applies these

can consult codes of conduct electronically; and

the minimum duration of the distance contract in the case of a long-term transaction

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms electronically the receipt of the acceptance of the offer. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe safety measures.

4. The entrepreneur can inform himself – within legal frameworks – whether the consumer is can meet 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 entrepreneur has grounds for not entering into the agreement, he is entitled to submit an order or request with reasons refuse or attach special conditions to the execution.

5. The entrepreneur will provide the following information to the consumer with the product or service, in writing or on in such a way that it can be stored in an accessible manner by the consumer on a durable data carrier, send: the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; the information about warranties and existing after-sales service; the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information the consumer has provided before the execution of the agreement; the requirements for termination of the agreement if the agreement has a duration of more than one years or of indefinite duration.

6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

7. Every agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 – Right of withdrawal

When delivering products:

1. When purchasing products, the consumer has the option of canceling the agreement without stating reasons to cancel within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a pre-designated by the consumer and made known to the entrepreneur representative.

2. During the reflection period, the consumer will handle the product and the packaging with care. He will unpack or use the product only to the extent necessary to assess whether it is want to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur return, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. If the consumer wishes to make use of his right of withdrawal, he is obliged to do so within 14 days, after receipt of the product, to be made known to the entrepreneur. Disclosure must be made known to the consumer by means of the model form or by means of another means of communication such as by e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product return within 14 days. The consumer must prove that the delivered goods are on time returned, for example by means of a proof of shipment.

4. If the customer has not indicated that he/she wishes to use after expiry of the periods referred to in paragraphs 2 and 3,exercise his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

When providing services:

1. When providing services, the consumer has the option of canceling the agreement without stating reasons terminate during at least 14 days, commencing on the day of entering into the agreement.

2. To make use of his right of withdrawal, the consumer will refer to the information provided by the entrepreneur the offer and/or reasonable and clear instructions provided at the latest upon delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, the costs of return shall not exceed on his behalf.

2. If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible, but refund within 14 days after cancellation. This is subject to the condition that the product has already been returned has been received by the online retailer or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer expressly authorizes another payment method.

3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any loss of value of the product.

4. The consumer cannot be held liable for a decrease in the value of the product if by the entrepreneur has not been provided with all legally required information about the right of withdrawal, this must be before the conclusion of the purchase agreement.

Article 8 – Exclusion right of withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer, at least in time for the conclusion of the agreement.

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

that have been established by the entrepreneur in accordance with the consumer’s specifications;

which are clearly personal in nature;

which by their nature cannot be returned;

which can spoil or age quickly;

the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence has;

for loose 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.

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

concerning accommodation, transport, restaurant business or leisure activities on a specific date or during a certain period;

the delivery of which has started with the express consent of the consumer before the cooling-off period has expired

expired;

concerning betting and lotteries.

Article 9 – The price

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

2. Notwithstanding the previous paragraph, the entrepreneur may purchase products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices offer. This dependence on fluctuations and the fact that any prices quoted are target prices, are stated in the offer.

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.

4. 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 cancel the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

6. All prices are subject to printing and typographical errors. For the consequences of printing and typesetting errors, no liability accepted. In the event of printing and typesetting errors, the entrepreneur is not obliged to replace the product in accordance with the wrong price.

Article 10 – Conformity and guarantee

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

2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

3. Any defects or incorrectly delivered products must be submitted to the entrepreneur within 2 months after delivery to be reported in writing. Return of the products must be made in the original packaging and in in mint condition.

4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the Products.

5. The warranty does not apply if: the consumer has repaired and/or processed the delivered products himself or has had them done by third parties repair and/or edit; the delivered products have been exposed to abnormal conditions or are otherwise careless treated or contrary to the instructions of the entrepreneur and/or have been treated on the packaging; the fault is wholly or partly the result of regulations that the government has made or will with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and fulfillment of orders for products and in the assessment of requests for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. With due observance of what is stated about this in paragraph 4 of this article, the company will accept carry out orders expeditiously but at the latest within 7 working days, unless the consumer has agreed with a longer delivery time. If the delivery is delayed, or if an order is not can only be partially executed, the consumer will receive this no later than 30 days after he order placed has message. In that case, the consumer has the right to cancel the agreement without costs to dissolve. The consumer is not entitled to compensation.

4. The estimated delivery time is 2-3 working days. The consumer has no rights to any stated terms derive. Exceeding a term does not entitle the consumer to compensation.

5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will pay the amount that the consumer paid as soon as possible, but no later than 14 days after termination.

6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to to make a replacement item available. At the latest on delivery will be communicated in a clear and comprehensible manner notified that a replacement item will be delivered. The right of withdrawal is not possible for replacement items are excluded. The costs of any return shipment are for the account of the entrepreneur.

7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced to the entrepreneur representative, unless expressly agreed otherwise.

8. Delivery is carried out by Post NL.

9. The shipping costs are for the account of the consumer.

Article 12 – Duration transactions: duration, cancellation and extension cancellation

1. The consumer may enter into an agreement that has been entered into for an indefinite period and which extends to the delivery of products (including electricity) or services, cancel at any time with due observance of of the agreed cancellation rules and a notice period of no more than one month.

2. The consumer can enter into an agreement that has been entered into for a definite period and which extends to the delivery of products (including electricity) or services, at all times towards the end of the terminate for a definite period with due observance of the agreed cancellation rules and a notice period of a maximum of one month.

3. The consumer can conclude the agreements referred to in the previous paragraphs: cancel at any time and are not limited to cancellation at a particular time or in a particular period of time; at least cancel in the same way as they entered into by him; always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a certain duration.

2. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines are tacitly renewed for a fixed term of a maximum of three months, if the consumer terminates this extended agreement by the end of can terminate the extension with a notice period of no more than one month.

3. The consumer can conclude the agreements referred to in the previous paragraphs: cancel at any time and are not limited to cancellation at a particular time or in a particular period of time; at least cancel in the same way as they entered into by him; always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a certain duration.

2. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines are tacitly renewed for a fixed term of a maximum of three months, if the consumer terminates this extended agreement by the end of can terminate the extension with a notice period of no more than one month.

3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may at any time cancel with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be continued tacitly and will end automatically after the trial or introductory period.

Expensive

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year at all times with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed term.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of a agreement to provide a service, this period starts after the consumer has received confirmation of the agreement has been received.

2. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated entrepreneur to report.

3. In the event of non-payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

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

3. Complaints submitted to the entrepreneur are calculated within a period of 14 days from the date of reception answered. If a complaint requires a foreseeable longer processing time, the entrepreneur answered within the period of 14 days with a notice of receipt and an indication 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 settlement.

5. In the event of complaints, a consumer must first turn to the entrepreneur. It is also possible to to register complaints via the European ODR platform (http://ec.europa.eu/odr). Webshop is currently not affiliated with a quality mark with a dispute committee.

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

7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, or the replace or repair the delivered products free of charge.

Article 15 – Disputes

1. On agreements between the entrepreneur and the consumer to which these general terms and conditions apply have, only Dutch law applies. Even if the consumer lives abroad.

2. The Vienna Sales Convention does not apply.

Article 16 – Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that it is can be stored in an accessible manner on a durable data carrier