Terms of Service

Article 1 – Definition

For the purposes of these Terms and Conditions, the following definitions apply:

Withdrawal Period – the period during which the consumer may exercise their right to withdraw from the contract;

Consumer – a natural person who is not acting within the scope of a business or professional activity and who concludes a distance contract with a trader;

Day – a calendar day;

Long-term agreement – a distance contract relating to a series of deliveries of products and/or services, where the obligation to deliver and/or receive extends over a period of time;

Durable medium – any means that allows the consumer or the trader to store information addressed personally to them in a way that enables future access and unaltered reproduction of that information.

Right of Withdrawal – the consumer’s right to cancel a distance contract within the legally defined withdrawal period;

Trader – a natural or legal person offering products and/or services to consumers via distance selling;

Distance Contract – a contract concluded within the framework of a system organized by the trader for distance selling, whereby one or more means of distance communication are used exclusively up to and including the moment the contract is concluded.

Means of Distance Communication – a method that enables the conclusion of a contract without the simultaneous physical presence of the consumer and the trader in the same location;

Terms and Conditions – these General Terms and Conditions provided by the trader.

Article 2 – Trader Identity

Email address:  info@lyvlee-ldn.com
Company name: ecomhouse
Chamber of Commerce registration number: 96608781

Article 3 – Applicability

Before concluding a distance contract, the content of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will inform the consumer of how the Terms and Conditions can be accessed, and that they will be sent free of charge upon request, before the contract is concluded.

In the case of an electronically concluded agreement, the text of these Terms and Conditions may be made available in such a way that the consumer can easily save it on a durable medium.

As long as the contract is in effect, the consumer may refer to the Terms and Conditions at any time in a manner that is accessible and allows the information to be stored unchanged.

If one or more provisions of these Terms and Conditions are found to be invalid, the remaining provisions shall remain in full force and effect, and the invalid provision will be replaced with one that most closely reflects the original intent.

Situations not covered by these Terms and Conditions should be resolved in accordance with their overall spirit. In the event of any ambiguity regarding the interpretation or content of one or more provisions, they should also be interpreted in line with the overall intent of the Terms and Conditions.

Article 4 – Offer

If an offer is valid for a limited time or is made under certain conditions, this will be clearly stated in the content of the offer.

The offer is non-binding – the trader reserves the right to amend or adapt it.

The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make an informed assessment of the offer. If the trader uses images, they will provide a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular, the price including taxes, delivery costs (if applicable), the method of concluding the contract, whether or not the right of withdrawal applies, the method of payment, delivery or performance of the contract, and the period for accepting the offer.

If you want to know more about this information, please contact us by email, you will be able to use it as soon as possible:

• the price (excluding customs clearance fees and import VAT – these costs are covered by the customer);
• new tasty treats;
• the method of concluding the contract and required steps;
• information on whether or not the right of withdrawal applies;
•  the method of payment, delivery, and performance of the contract;
  
•  the validity period of the offer or price guarantee;
  
•  the cost of using means of distance communication, if it differs from the basic rate;
  
•  information on whether the contract will be archived and how it will be accessible to the consumer;
  
•  the ability to check and correct data before the contract is concluded;
•  the availability of language versions of the contract other than Dutch;
  
•  codes of conduct the trader adheres to, and how they can be accessed electronically;
  
•  the minimum duration of the contract in the case of a continuing agreement;
  
•  available sizes, colors, and material types (optional).

Article 5 – Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. Until the trader confirms this acceptance, the consumer may terminate the contract.

In the case of a contract concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.

The trader has the right – within the limits of the law – to verify whether the consumer can meet their payment obligations, as well as to consider other factors that are relevant for entering into the contract. If the trader has valid grounds, they may refuse the order or attach special conditions to its execution.

When executing the contract, the trader will provide the consumer with the following information (in writing or on a durable medium):

1.  the company’s registered address where complaints can be submitted;
   
2.  the conditions and process for exercising the right of withdrawal (or information about its exclusion);
   
3.  details about warranties and after-sales services;
   
4.  the information listed in Article 4(3) of the Terms and Conditions, if it was not provided earlier;
   
5.  the terms for terminating the contract, if it is of a long-term or indefinite nature.

In the case of a long-term agreement, the above information applies only to the first delivery.

The contract is concluded subject to the availability of the ordered products.

Article 6 – Right of Withdrawal

The consumer has the right to withdraw from a purchase contract without giving any reason within 14 days from the day they receive the product.

During this period, the consumer should handle the product and its packaging with care – only to the extent necessary to determine whether they wish to keep it. The consumer may inspect and test the product as they would in a physical shop but must not use it in a way that goes beyond what is necessary for this assessment.

If the consumer wishes to withdraw from the contract, they must notify the trader in writing (e.g. by email) within 14 days of receiving the product. They then have another 14 days to return the product. Proof that the product was sent back on time, such as a shipping receipt, must be provided.

If the consumer exercises their right of withdrawal, they will receive a full refund, including the standard delivery costs originally paid, as soon as possible and no later than 14 days after the trader has been informed of the withdrawal. The refund will be made using the same method of payment the consumer used, unless otherwise agreed.

Article 7 – Costs in the Event of Withdrawal from the Contract

If the consumer exercises their right of withdrawal, they will bear the direct cost of returning the product.

If the consumer has already made a payment, the trader will refund the amount paid as soon as possible, but no later than within 14 days of receiving the withdrawal notice. The refund is conditional upon the trader receiving the returned product or the consumer providing reliable proof that it has been sent back.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to products that are made to the consumer's specifications, are clearly personalized, or due to their nature cannot be returned or spoil quickly. Such exclusions must be clearly indicated in the offer or, at the latest, before the contract is concluded.

We are happy to assist you as soon as possible:

1. products made according to the consumer’s specifications;
   
   
2.  clearly personalized products;
   
   
3.  products that, due to their nature, cannot be returned;
   
   
4.  perishable products or those with a short shelf life;
   
   
5.  products that are no longer suitable for resale for hygiene or health reasons after the packaging has been opened;
   
   
6.  single issues of newspapers or magazines;
   
   
7.  audio or video recordings and computer software where the packaging has been opened by the consumer;
   
   
8.  sealed high-quality products where the packaging has been tampered with after delivery.

We are happy to help you with your progress:

1.  services related to accommodation, transport, catering, or leisure activities provided on a specific date or during a specified period;
   
   
2.  services that have already begun with the consumer’s express consent before the withdrawal period has expired;
   
3. services related to betting and lotteries.

Article 9 – Price

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

Notwithstanding the above, the trader may offer products or services with variable prices if these are subject to fluctuations in the financial market. In such cases, this will be clearly stated in the offer, and the prices provided will be indicative.

Price increases within 3 months of the conclusion of the contract are permitted only if they result from legal regulations. Increases after 3 months are only allowed if they were stipulated in the contract and:

1. result from changes in legal regulations, or

    

2. the consumer has the right to cancel the contract as of the date the price increase takes effect.

The place of delivery, in accordance with Article 5, paragraph 1 of the Act on Value Added Tax, is the country where the transport begins. In this case, delivery originates outside the EU. Therefore, customs authorities or the courier company may charge VAT and customs clearance fees to the recipient. The trader does not charge VAT.

Despite all efforts to ensure accuracy, errors may occur, such as incorrect pricing or product information. In the case of such errors, the trader is not obliged to fulfil the order at the incorrect price and accepts no liability for the consequences.

Article 10 – Compliance with the Contract and Warranty

The trader guarantees that the products and/or services comply with the terms of the contract, the specifications provided in the offer, reasonable requirements regarding quality and usability, and all legal and administrative regulations in force on the date the contract was concluded. The trader also ensures that the product will function as expected under normal use.

Any warranty provided by the trader, manufacturer, or importer does not limit the consumer's statutory rights or claims they may assert under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and unused condition.

The warranty period offered by the trader corresponds to the manufacturer’s warranty period. However, the trader is not liable for the final suitability of the products for each individual use by the consumer or for any advice regarding their use.

The warranty does not apply if:

1. the consumer has repaired or modified the product themselves, or has had it done by a third party;
   
2. the product was used improperly or exposed to unnatural conditions;
   
3. the defect arises from statutory provisions or government regulations concerning
4. the type or quality of materials used.

Article 11 – Delivery and Execution

The trader will take all reasonable care when receiving and fulfilling orders for products.

Subject to the provisions of Article 4, accepted orders will be fulfilled as soon as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.

If the delivery is delayed or the order cannot be fulfilled (or can only be partially fulfilled), the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to withdraw from the contract at no additional cost and may be entitled to compensation.

If the contract is cancelled in accordance with the above clause, the trader will refund the amount paid by the consumer as soon as possible, and no later than within 14 days.

If delivery of the ordered product proves impossible, the trader will attempt to provide a substitute product. The consumer will be informed of this no later than at the time of delivery.

In the case of substitute products, the right to withdraw from the contract cannot be excluded. Any return costs will be covered by the trader.

The risk of damage to or loss of the products passes to the consumer only upon delivery to the consumer or a representative designated by the consumer, unless otherwise agreed.

Article 12 – Long-term Agreements: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period, relating to the regular delivery of products (including electricity) or services, at any time, in accordance with the agreed termination terms and with a notice period of no more than one month.

The consumer may also terminate a fixed-term contract relating to the regular delivery of products or services at the end of the contract period, in accordance with the agreed termination terms and with a notice period of no more than one month.

• In the above cases, the consumer has the right to:
• terminate the contract at any time, without being restricted to a specific date or period;
• terminate the contract in the same manner in which it was concluded;
• terminate the contract with the same notice period that applies to the trader.

Renewal
A fixed-term contract may not be automatically extended or renewed for the same duration.

In the case of subscriptions to daily newspapers, weeklies, and magazines, automatic renewal is permitted for a maximum of 3 months, provided the consumer can cancel the contract before the end of the extended period with a notice period of no more than one month.

A fixed-term contract may be extended for an indefinite period if the consumer has the option to terminate it at any time with a notice period of no more than one month (or three months if deliveries occur less frequently than once a month).

A contract concluded on a trial basis or for promotional purposes relating to daily newspapers or magazines will automatically end at the conclusion of the trial period.

Duration
If the contract is valid for more than one year, the consumer may terminate it at any time after the first year, with a notice period of no more than one month, unless fairness and the principles of social conduct exclude termination before the end of the agreed period.

Article 13 – Payment

Unless otherwise agreed, payment due from the consumer must be made within 7 working days from the start of the withdrawal period referred to in Article 6, paragraph 1.

In the case of a service contract, this period begins once the consumer has received confirmation of the contract's conclusion.

The consumer is obliged to promptly notify the trader of any errors in the payment details.

In the event of late payment, the trader has the right – subject to legal provisions – to charge reasonable costs that were previously disclosed to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the performance of the contract must be submitted to the trader in a complete and detailed manner within 7 days of the consumer discovering the defect.

Reported complaints will be reviewed by the trader within 14 days of receiving them. If more time is needed to process the complaint, the consumer will be informed within this period that the complaint has been received and will be given an estimated timeframe for the response.

If the complaint is found to be valid, the trader will, at their discretion, either replace the product with a new one or repair it at no additional cost.

Article 15 – Disputes

If the consumer is located within the European Union, any disputes arising in connection with this agreement will be subject to the jurisdiction of the competent court in the Netherlands, unless mandatory consumer protection laws in the consumer's country of residence grant additional rights.

Article 16 – Contact Information
Questions regarding these terms and conditions should be directed to the following address:
📧  info@lyvlee-ldn.com