Algemene voorwaarden

Terms and Conditions of LavieDalila
Email: info@laviedalila.com
Website: www.LavieDalila.com

Definitions

  1. LavieDalila: LavieDalila, located in Amsterdam under Chamber of Commerce number 96703946.
  2. Customer: the individual with whom LavieDalila has entered into an agreement.
  3. Parties: LavieDalila and the customer together.
  4. Consumer: a customer who is also an individual and acts as a private person.

Article 1 - Applicability of General Terms and Conditions

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of LavieDalila.
  2. Parties can only deviate from these conditions if they have expressly and in writing agreed to do so.
  3. Parties expressly exclude the applicability of any additional and/or deviating general terms and conditions of the customer or third parties.

Article 2 - Prices

  1. All prices charged by LavieDalila are in euros, inclusive of VAT, and exclusive of any other costs such as administrative costs, levies, and travel, shipping, or transport costs, unless expressly stated otherwise or agreed otherwise.
  2. LavieDalila reserves the right to change all prices for its products, on its website, or otherwise indicated, at any time.
  3. Increases in the cost prices of products or parts thereof, which LavieDalila could not foresee at the time of making the offer or entering into the agreement, may lead to price increases.
  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.

Article 3 - Samples and Models If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Article 4 - Payments and Payment Term

  1. LavieDalila may require an advance payment of up to 50% of the agreed amount when entering into the agreement.
  2. The customer must have made payments within 1 days after delivery.
  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment term, he is in default and in default by operation of law, without LavieDalila having to send the customer a reminder or put him in default.
  4. LavieDalila reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.

Article 5 - Payments and Payment Term
Article 6 - Consequences of Non-Timely Payment

  1. If the customer does not pay within the agreed period, LavieDalila is entitled to charge statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, with a part of a month being counted as a whole month.
  2. If the customer is in default, he is also liable for extrajudicial collection costs and any damages owed to LavieDalila.
  3. The collection costs are calculated in accordance with the Decree on compensation for extrajudicial collection costs.
  4. If the customer does not pay on time, LavieDalila may suspend its obligations until the customer has fulfilled his payment obligation.
  5. In case of liquidation, bankruptcy, attachment, or suspension of payments on the part of the customer, LavieDalila's claims against the customer are immediately due and payable.
  6. If the customer refuses to cooperate in the execution of the agreement by LavieDalila, he is still obliged to pay the agreed price to LavieDalila.

Article 7 - Right of Reclamation

  1. Once the customer is in default, LavieDalila is entitled to invoke the right of reclamation with regard to the unpaid products delivered to the customer.
  2. LavieDalila invokes the right of reclamation by means of a written or electronic notification.
  3. Once the customer has been informed of the invoked right of reclamation, the customer must immediately return the products to LavieDalila to which this right relates, unless the parties have made other agreements about this.
  4. The costs for retrieving or returning the products are at the expense of the customer.

Article 8 - Right of Withdrawal

  1. A consumer can dissolve an online purchase within a reflection period of 14 days without giving any reason on the condition that: • the product has not been used • it is not a product that can perish quickly, such as food or flowers • it is not a product that has been made to the consumer's specifications or has been clearly personalized • it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.) • the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.) • the product or service does not concern accommodation, travel, restaurant, transportation, catering, or any form of leisure activity • the product is not a single magazine or newspaper • the consumer has not waived his right of withdrawal
  2. The reflection period of 14 days as mentioned in paragraph 1 starts: • on the day after the consumer has received the last product or part of 1 order • once the consumer has confirmed that he will receive digital content via the internet
  3. The consumer can make his appeal to the right of withdrawal known via info@laviedalila.nl, if desired with the help of the withdrawal form that can be downloaded via the website of LavieDalila, laviedalila.nl.
  4. The consumer is obliged to return the product to LavieDalila within 14 days after making his right of withdrawal known to LavieDalila, failing which his right of withdrawal will lapse.

Article 9 - Refund of Delivery Costs

  1. If the consumer has made timely use of his right of withdrawal and as a result has returned the complete order to LavieDalila in a timely manner, LavieDalila will refund any shipping costs paid by the consumer within 14 days after receiving the timely and complete returned order from the consumer.
  2. The costs of delivery are only borne by LavieDalila to the extent that the complete order is returned.

Article 10 - Refund of Return Costs If the consumer exercises his right of withdrawal and returns the complete order in a timely manner, the costs of returning the complete order are borne by the consumer.

Article 11 - Right of Suspension Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Article 12 - Retention of Title

  1. LavieDalila remains the owner of all delivered products until the customer has fully complied with all his payment obligations to LavieDalila under any agreement concluded with LavieDalila, including claims for non-performance.
  2. Until that time, LavieDalila may invoke its retention of title and take back the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate, or otherwise encumber the products.
  4. If LavieDalila invokes its retention of title, the agreement is deemed to be dissolved and LavieDalila is entitled to compensation for damages, lost profits, and interest.

Article 13 - Warranty and Conformity

  1. LavieDalila guarantees that the products 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 existing on the date of the conclusion of the agreement.
  2. A guarantee provided by LavieDalila, manufacturer, or importer does not affect the legal rights and claims that the customer can assert against LavieDalila under the agreement.
  3. Any defects or incorrectly delivered products must be reported to LavieDalila in writing within 7 days after delivery. Return of the products must be in the original packaging and in new condition.

Article 14 - Delivery and Implementation

  1. LavieDalila will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the customer has made known to LavieDalila.
  3. Subject to what is stated in article 4 of these general terms and conditions, LavieDalila will execute accepted orders expeditiously but no later than within 14 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 14 days after he has placed the order.
  4. In case of dissolution in accordance with article 8 paragraph 4 of these terms and conditions, LavieDalila will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
  5. If delivery of an ordered product proves to be impossible, LavieDalila will endeavor to make a replacement item available. No later than at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered.
  6. The risk of damage and/or loss of products rests with LavieDalila until the moment of delivery to the consumer or a pre-designated and announced representative to LavieDalila, unless expressly agreed otherwise.

Article 15 - Force Majeure

  1. In case of force majeure, LavieDalila is not obliged to fulfill its obligations towards the customer, or the obligation is suspended for the duration of the force majeure.
  2. Force majeure is understood to mean any circumstance beyond LavieDalila's control that prevents the fulfillment of its obligations towards the customer in whole or in part, or as a result of which the fulfillment of its obligations cannot reasonably be required, irrespective of whether that circumstance was foreseeable at the time of entering into the agreement. These circumstances include, but are not limited to, strikes, fire, business failures, power failures, failures in a (telecommunication) network or connection or used communication systems and/or the unavailability of the website, non-delivery or late delivery by suppliers or other engaged third parties.

Article 16 - Liability

  1. LavieDalila's liability for attributable failure to perform the agreement or for any other reason is limited to compensation for direct damage up to the amount of the price stipulated for that agreement (including VAT). If the agreement is mainly a lasting one with a term of more than one year, the price stipulated for the agreement is set at the total of the fees (excluding VAT) stipulated for one year. In no event shall the total compensation for direct damage, however, exceed €1,000 (one thousand euros).
  2. Direct damage is exclusively understood to mean: • the reasonable costs incurred to determine the cause and scope of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions • any reasonable costs incurred to have the defective performance of LavieDalila comply with the agreement, unless this cannot be attributed to LavieDalila • reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions
  3. LavieDalila is not liable for damage of any kind resulting from incorrect use of the products. The customer is responsible for reading and adhering to the instructions and guidelines provided by LavieDalila.
  4. LavieDalila is never liable for indirect damage, including consequential damage, loss of profit, lost savings, and damage due to business interruption.

Article 17 - Complaints and Disputes

  1. LavieDalila has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to LavieDalila within 7 days, after the consumer has discovered the defects.
  3. Complaints submitted to LavieDalila will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, LavieDalila will respond within 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 by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
  5. If a dispute arises, the consumer can also submit his complaint to Stichting WebwinkelKeur, which will mediate free of charge. If a solution cannot be reached with the help of WebwinkelKeur, the consumer has the possibility to have his complaint handled by the independent Disputes Committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the consumer and LavieDalila agree to this binding decision. The submission of a dispute to this disputes committee is subject to a fee that must be paid by the consumer to the relevant committee. It is also possible to submit complaints to the European Online Dispute Resolution (ODR) platform, which can be found at https://ec.europa.eu/consumers/odr/.

Article 18 - Final Provisions

  1. Dutch law applies exclusively to agreements between LavieDalila and the customer to which these general terms and conditions apply.
  2. Even if the customer resides abroad, parties may choose Dutch law, unless mandatory rules of law prescribe otherwise.
  3. The Vienna Sales Convention does not apply.
  4. If a provision in these general terms and conditions proves to be null and void, this does not affect the validity of the entire general terms and conditions. In that case, the parties will adopt (a) new provision(s) that are as similar as possible to the old provision(s) in terms of content, scope, and purpose.
  5. The version of the general terms and conditions that was applicable at the time the agreement was concluded applies to each agreement.

This document outlines the terms and conditions governing transactions between LavieDalila and its customers. It covers various aspects including pricing, payments, delivery, warranties, and dispute resolution. These terms provide clarity and protection for both parties involved in any transaction with LavieDalila.