Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off Period: The period within which the consumer can exercise their right of withdrawal;

Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: Calendar day;

Duration Transaction: A distance contract concerning a series of products and/or services, where the delivery and/or take-up obligation is spread over time;

Durable Medium: Any means that enables the consumer or entrepreneur to store information that is personally addressed to them in such a way that future consultation and unchanged reproduction of the stored information is possible.

Right of Withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period;

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

Distance Contract: A contract concluded as part of a system organized by the entrepreneur for the sale at a distance of products and/or services, exclusively using one or more techniques for distance communication up to and including the conclusion of the contract;

Technique for Distance Communication: A means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same space.

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

Article 2 – Identity of the Entrepreneur

Company Name: Tivona

Chamber of Commerce Number:

Trade Name: Tivona

VAT Number:

Customer Service Email: info@tivona.nl

Business Address:

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between the entrepreneur 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 entrepreneur and will be sent to the consumer as soon as possible and free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored 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 to the consumer electronically or otherwise free of charge upon request.

In the event that specific product or service terms and conditions also apply alongside these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or declared invalid, the remaining provisions of the agreement and these terms will remain in effect, and the relevant provision will be replaced by a provision that closely approximates the original intent.

Situations not regulated by these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms shall be explained "in the spirit" of these general terms and conditions.

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to amend or adjust the offer.

The offer includes 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 entrepreneur uses images, these are a true representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors 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 particularly concerns:

  • The price, excluding clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services concerning imports. This scheme applies when goods are imported into the EU destination country, which is the case here. The postal and/or courier service collects the VAT (possibly together with the charged clearance costs) from the recipient of the goods;

  • Any shipping costs;

  • The manner in which the contract will be concluded and which actions are required for that;

  • Whether the right of withdrawal applies;

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

  • The period for accepting the offer or the period within which the entrepreneur guarantees the price;

  • The rate for communication at a distance if the costs of using the distance communication technique are calculated on a different basis than the regular base rate for the communication means used;

  • Whether the agreement will be archived after its conclusion and if so, how it can be consulted by the consumer;

  • The manner in which the consumer can verify and, if desired, correct the data they provided in the context of the agreement before concluding the contract;

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

  • The codes of conduct to which the entrepreneur has subjected themselves and how the consumer can consult these codes of conduct electronically; and

  • The minimum duration of the distance agreement in the case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set for that.

If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of acceptance of the offer without delay electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that.

The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse a clearly motivated order or request or to attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information regarding the product or service, either in writing or in such a way that it can be easily stored on a durable medium:

  • The visiting address of the entrepreneur’s establishment where the consumer can address complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal or a clear notification regarding the exclusion of the right of withdrawal;
  • Information about guarantees and existing after-sales service;
  • The information included in Article 4, paragraph 3 of these terms unless the entrepreneur has already provided this information to the consumer prior to the execution 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 duration transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts the day after the consumer or a previously designated representative known to the entrepreneur receives the product.

During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they wish to exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they are obliged to inform the entrepreneur within 14 days of receiving the product. The notification must be made in writing or by email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the delivered goods have been returned in time to the original place, for example by means of a proof of shipment.

If the customer has not indicated that they wish to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3, or if they have not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in the Event of Withdrawal

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

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 withdrawal. This is provided that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of 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 only applies if the entrepreneur has clearly stated this in the offer, at least in good time 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 the consumer's specifications;
  • that are clearly of a personal nature;
  • that cannot be returned due to their nature;
  • that can spoil quickly or age;
  • for which the price is subject to fluctuations in the financial market that are beyond the entrepreneur's control;
  • for single newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • for hygiene products of which the consumer has broken the seal.

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

  • concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
  • for which delivery has begun with the express consent of the consumer before the cooling-off period has expired;
  • concerning bets and lotteries.

Article 9 – The Price

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

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This dependency on fluctuations and the fact that any prices stated are guide prices will be mentioned in the offer.

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

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

  • these result from legal regulations or provisions; or
  • the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.

The place of delivery is determined based on Article 5, paragraph 1 of the Value Added Tax Act 1968, in the country where the transport begins. In this case, the delivery takes place outside the EU. Subsequently, the postal or courier service will charge the recipient for import VAT or clearance costs. Therefore, no VAT will 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 case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

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

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

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Return of the products must take place in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds with the manufacturer's warranty period. However, the entrepreneur is never 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 have been handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging instructions;
  • The defect is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care in receiving and executing orders for products.

The place of delivery is the address provided by the consumer to the entrepreneur.

Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of a ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.

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

Article 12 – Duration Transactions: Duration, Termination, and Extension

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and that aims to deliver products (including electricity) or services regularly, at any time, observing the agreed-upon termination rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been entered into for a definite period and that aims to deliver products (including electricity) or services regularly, at any time before the end of the specified duration, observing the agreed-upon termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

  • at any time and is not limited to termination at a specific time or within a specific period;
  • at least terminate in the same manner as they were entered into;
  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement entered into for a definite period that aims to deliver products (including electricity) or services regularly may not be automatically extended or renewed for a definite period.

Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period that aims to deliver daily, news, and weekly newspapers and magazines may be automatically extended for a maximum period of three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement that has been entered into for a definite period that aims to deliver products or services regularly may only be automatically extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the case where the agreement aims for delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.

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

Duration

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

Article 13 – Payment

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

The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In case of default by the consumer, the entrepreneur has the right to charge reasonable costs previously communicated to the consumer, subject to legal limitations.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires foreseeably longer processing time, the entrepreneur will respond within the 14-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 in mutual consultation, 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 justified by the entrepreneur, the entrepreneur will choose either to replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.