Article 1 – Definitions
In these Terms, the following terms have the following meanings:
Article 2 – Identity of the entrepreneur
E-mail address:
Moliereweg 651
3076GE ROTTERDAM
The Netherlands
Chamber of Commerce number: 95087095
Company name: STRIVE E-COMMERCE B.V.
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
These general terms and conditions will be made available to the consumer before the distance contract is concluded. If this is not reasonably possible, it must be stated before the distance contract is concluded that the general terms and conditions can be viewed at the trader and that they will be sent free of charge as soon as possible at the consumer’s request.
Notwithstanding the previous paragraph, if the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically before the distance contract is concluded, in such a way that it can be read by the consumer and easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and they will be sent free of charge electronically or otherwise at the request of the consumer.
If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of a contradiction between the general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
If at any time one or more provisions of these General Terms and Conditions are or become invalid in whole or in part, the other provisions of the contract and these General Terms and Conditions will remain in force and that provision will be replaced without delay by mutual agreement by a provision that approximates the meaning of the original provision as closely as possible.
Situations that do not fall under these general terms and conditions will be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguity in the interpretation or substance of any provision of our Terms will be construed in accordance with the spirit of these Terms.
Article 4 – Offer
If the offer has a limited validity or is subject to conditions, this must be explicitly stated in the offer.
The offer is without obligation. The entrepreneur has the right to change and adapt the offer.
The quotation must contain a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed to enable a proper assessment of the quotation by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications and information contained in the quotation are indicative and cannot be used as a basis for the payment of any compensation or cancellation of the contract.
The product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors in the images exactly match the actual colors of the products.
Each offer contains sufficient information to make it clear to the consumer what the rights and obligations are associated with acceptance of the offer. This applies in particular to:
Article 5 – Agreement
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 conditions set.
If the consumer has accepted the offer electronically, the trader must immediately confirm the electronic acceptance of the offer. As long as the trader has not confirmed receipt of acceptance, the consumer may withdraw from the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transmission of data and to ensure a safe online environment. If the consumer has the option to pay electronically, the trader will take appropriate security measures.
The trader can – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this verification, the trader has reasonable grounds not to enter into the agreement, he has the right to refuse the order or request or to attach special conditions to the execution.
The trader must accompany the product or service with the following information, in writing or in such a way that the consumer can store it on a durable medium that is easily accessible:
Article 6 – Withdrawal
When consumers purchase products, they have the option to withdraw from the agreement within 14 days without giving reasons. The withdrawal period starts on the day after the consumer or the person appointed by the consumer and the trader to represent the consumer has received the product.
During the cooling period, the consumer must handle the product and packaging with care. He may only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises his right of withdrawal, he must return the product to the trader with all accessories supplied and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise his right of withdrawal, he must inform the trader within 14 days of receipt of the product. The consumer must inform the trader of this in writing/email. Once the consumer has informed the trader that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a postal receipt.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified his intention to exercise his right of withdrawal or has not returned the product to the trader, the purchase will be deemed to have taken place.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, he must pay the costs for returning the products.
If the consumer has paid a certain amount, the trader must refund this amount as soon as possible and at the latest within 14 days after the withdrawal from the contract. This is provided that the trader has already received the product or that sufficient evidence of the return can be provided.
Article 8 – Exceptions to the right of withdrawal
The trader may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer or, in any case, in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
Article 9 – Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the trader can offer products or services at variable prices, if these prices are subject to fluctuations in the financial market over which the trader has no influence. This link to fluctuations and the fact that any prices stated are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the trader has stipulated this and:
The prices mentioned in the offer of products or services include VAT.
Article 10 – Conformity and Warranty
The trader warrants that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the trader also warrants that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader under the contract.
Article 11 – Delivery and Execution
The trader must take the utmost care in the receipt and execution of product orders and in the assessment of requests for the provision of services.
The place of delivery is the address that the consumer has given to the trader.
Subject to what is stated in Article 4 of these terms and conditions, the trader will execute accepted orders with appropriate speed but no later than 30 days unless a longer delivery period has been agreed upon. If the delivery is delayed or if an order cannot or can only be 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 terminate the contract without cost. The consumer is not entitled to compensation.
In case of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible but at the latest within 14 days after the dissolution.
If the delivery of an ordered product proves impossible, the trader will strive to provide a replacement product. The fact that a replacement item is being delivered will be stated in a clear and understandable manner at the latest at the time of delivery. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipment are for the account of the trader.
The risk of damage and/or loss of products lies with the trader until the time of delivery to the consumer or a previously designated and announced representative unless expressly agreed otherwise.
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Termination
Article 13 – Payment
To the extent not otherwise provided in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the withdrawal period, or in the absence of a withdrawal period, within 14 days after the conclusion of the contract. In the case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the general terms and conditions may never oblige the consumer to make an advance payment of more than 50%. If advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
The consumer has the duty to immediately report inaccuracies in the payment details provided or stated to the trader.
If the consumer does not fulfill his payment obligation(s) on time, he is, after being informed by the trader of the late payment and after the trader has granted the consumer a period of 14 days to still meet his payment obligations, after failing to pay within this 14-day period, liable for the statutory interest on the amount due and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of 15% for outstanding amounts up to €2,500, 10% for the next €2,500, and 5% for the following €5,000, with a minimum of €40. The trader may deviate from the stated amounts and percentages for the benefit of the consumer.
Article 14 – Complaints
The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the contract must be submitted to the trader fully and clearly described within 2 months after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 14 days with a notification of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months of submitting the complaint, a dispute arises that is subject to the dispute settlement procedure.
Article 15 – Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
